The information on this site is not legal advice and should not be treated as such. The questions and answers on this site are not meant to be tak
EEA Family Rights/Permits
I want to apply for EEA family rights/Permits?
If you are an EEA national or family member of an EEA national looking to settle in the UK, this page explains what EEA family rights are, who should apply for an EEA family permit, how to apply for EEA family rights & your next steps.
What are EEA family rights?
EEA family right’s allows for citizens of specific EEA member states to travel to the UK for work and residence without certain immigration restrictions applying. By way of European law, this right also extends to the family members of these EEA citizens irrespective of whether their family member(s) are themselves EEA citizens or not.
Who should apply for an EEA family permit?
An EEA family permit is a form of entry clearance. It specifically covers individuals from visa countries, but who are family members of individuals from inside the European Economic Area. Family members are defined as husbands, wives, civil partners, children, grandchildren, parents & grandparents. Before travelling to the UK a family member of an EEA national who himself or herself is from outside the EEA will need to apply for an EEA family permit.
How to apply for EEA family rights?
The majority of EEA nationals and the family members of these EEA nationals automatically retain the right to live and work in the UK by way of European law. However, if you are the family member of an EEA national you may wish to have your right of residency officially acknowledged by the UKBA in the form of a residence card or permanent residence card. To do this, you will need to apply for a residence card using either form EEA1 or EEA2.
For further information on the EEA family permit application process or for help finding a qualified immigration solicitor or immigration lawyer to help you make an EEA 1 or EEA2 application then contact Immigration Insight or request a free call back today.
If your EEA family relationship breaks down this may affect your right of residence if you are the spouse of an EEA national residing in the UK on the basis that your EEA family member is exercising his or her treaty right to be in the UK. While this may present a problem for you, in certain situations you may be able to retain your right of residency even if your relationship with an EEA family member breaks down in divorce.
If your EEA application is refused by UKBA, you may be able to appeal against the Home Office’s decision provided that you have the necessary grounds for an appeal such as the Home Office misapplied immigration law or European law in your case (inter alia). Your immigration lawyer or immigration solicitor can advise you on exactly what grounds you may have the right to appeal on.
There is no set timeframe as to how long it will take for an individual to obtain his/her Residence Card/Permanent Residence Card in relation to their EEA1/EEA2 Application. The whole application process can be completed within 6 months. You (or your immigration solicitor or immigration lawyer) are within your rights to query with the Home Office the progress of your EEA1 or EEA2 application.