RESIDENCE CARD AS NON-EEA FAMILY MEMBERS OF EEA NATIONALS

As an European National or Swiss citizen living in the United Kingdom, the Immigration (EEA) Regulations (2006) allows your family members who are neither EEA nationals nor Swiss persons the right to remain in the UK.

The Non-EEA family member who is looking to come into the UK may apply for a Residence Card, a document confirming the non-EEA national’s rights to residence in the UK on the basis of their relationship with the EEA or Swiss national under the European law.

The Residence Card confirms the EEA/Swiss national’s residence rights in the UK as per the Immigration (EEA) Regulations (2006). The Residence card is usually a vignette on your passport, in some cases a separate document also known as the “immigration status document”; which is usually valid for 5 years from the issued date.

A Non-EEA family member can apply for confirmation of right to permanent residence in the UK, if he or she has lived here for a continuous period of 5 years with the EEA or Swiss National, who must also have been employed, self-employed, studying or self-sufficient in the UK during those 5 years.

NOTE: The family member of an EEA or Swiss National does not need to obtain documents to confirm his or her right to residence in the UK.

Although, certain difficulties could surface if the family member does not obtain the above mentioned confirmation, such as:

• They might encounter some difficulties proving that they are lawful residents in the UK;
• An EEA family permit must be acquired by the individual in order to be guaranteed re-admission as the family member of a qualified EEA national and granted entrance into UK if he or she ever departed from the country;
• The family member might find it difficult to obtain or change employment.

Family Member of an EEA National

Regulation 7 defines a family member as;

• Spouse or civil partner, with the exception of individuals who are party to a marriage/civil partnership of convenience.
• Dependent children (that is under 21 years of age) of the EEA national or of their spouse/civil partner and this also includes step-children or adopted children, as long as, the adoption is recognized in the UK.
Other dependents such as parents and grandparents of the EEA national or of their spouse/civil partner.

NOTE: Rules apply slightly different in the case where the EEA national is a student. As a student, after the three months of residing in the UK, the children of the student must be dependent on the EEA national in order to be considered as family members but other dependents (parents and grandparents) including those of the student’s spouse or civil partner will not be treated as family members.

Reiss Edwards EEA Immigration Lawyers

Reiss Edwards immigration lawyers are professional immigration advisers that deal with the residence card application process (EEA2 applications). The service quality of our immigration lawyers are self-evident due to the genuine reviews of our clients and we are known for providing fast, friendly, reliable and professional services. We can be contacted by individuals applying for a residence card who are non-EEA family members of an EEA national and are in search of legal help from immigration lawyers in London.

EEA Residence card enquiries

Q: I am an EU citizen live and work in UK for 10 years. My nephew (from Sri Lanka) received 6 months EEA family permit in 2014 July and moved to London and living together with me. Before his 6 months visa expired he applied for EEA resident card but application was refused due to lack of evidence of living together in UK. However we got appeal rights and we appealed against the home office decision. Now the law has been changed and they say extended family members have no right of appeal. I would like to know is there anything you can help me with please? Can we send a new application? Will it be any success?

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Q: i want some informations concerning Eea resident card. im italian. i working here from march 2016 till now. that means around 7 months. do i have the right to apply for Eea resident card ? or would provide me the essentiel documents for this latter

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Q: Hi There I am going to apply for the UK residence card in order to apply for British citizenship and I have a question with regards to 12 months period after receiving the card. I have read online that after the amended regulations if I have lived and worked in the UK for at least 5 years, once I receive a residence card I can apply for naturalization immediately, however Home Office advise that I still must hold the card for at least 12 months. ( I've lived in the UK for 8 years) Can you please advise which is correct? Thanks

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Q: I'm iranian national I've got residence documentation and im marred my miss is eea member my visa value [date removed] what is the best time to apply for the residence card and do i have any chance to get a travel documents many thanks

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Q: I get married with European girl and I have 6 months visa after that I have 5 years residence card until 2012 When I apply for renew I've been refuse because I had broke up with the European girl few months before visa expires I'm just wondering if there is any way I can get the right to remain in UK I'm working hard since I'm here and I pay all my taxes please let me know Thanks

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Q: Good morning I need some advice please. I am currently married to my husband who is a South African and has an Italian passport. We have been resident in the UK since May 2014 and I have a UK Residence Permit which is valid until 2019. Two months ago my husband upped and left me and my daughter as he was having an affair with his work colleague. He is now pressurising me to get divorced. I need clarification as to how this will affect my visa and if I can apply for Right of Abode (I think it is called) as I am permanently employed and have settled here. My daughter is due to start university in September and my two older children live here as well (both on Ancestral Visas). Before I do anything regarding the divorce, I need to ensure my visa is not compromised. Can you help. kind regards

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Q: Hi, my name is [Data Withheld], I have worked and lived in London for more than 1 year, self-employed with regular income. My wife is here from beginning of this year with EEA visa, which expires 17-th of July 2017. My question is what kind of documents I need to have and can u send me link please if it’s possible to apply myself for residence card for me and my wife if it’s possible. I have marriage status document, payslips from salary, rent agreement, in number, is that enough or need more documents. And please send me link where can I apply for this?

A: Each case is dealt with on a case by case basis and there is a large number of documents that you will need to provide to evidence that you have been self-employed in the UK. For a free consultation please give a member of our team a call to guide you on what is required.

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