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EEA Family Permit

On June 30, 2021, the EEA family permit will be replaced. No EEA family permit applications will be taken beyond this date.

You must instead apply for a family permit under the EU Settlement Scheme.


Similar to entry clearance, an EEA family permit application enables non-EEA citizens to enter and exit the UK without limitation for a period of six months with the intention of joining EEA family members already living there.


In accordance with European regulations, the Home Office issues them free of charge. They can be prolonged further to let the family member remain for five years.

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EEA Family Permit Explained

You can apply for an EEA family permit to come to the UK if you’re both:

     from outside the European Economic Area (EEA)

● the family member or ‘extended’ family member of an EEA or Swiss national (excluding UK nationals)

There will be no change to the rights and status of EU nationals living in the UK, nor UK nationals living in the EU, while the UK remains in the EU.

There are other ways you may be eligible, for example:

   with a ‘derivative right of residence’– you’re the carer of someone who has the right to be in the UK, the carer’s child, or the child of an EEA national who previously worked in the UK

    if you can make a ‘Surinder Singh’ application after living in another EEA country with a British family member

    with a ‘retained right of residence’ – you have the right to stay in the UK as the family member of an EEA national who has died, left the UK or is no longer your spouse or civil partner

You must be outside the UK to apply for an EEA family permit.

Speak to our assessment team now to confirm your eligibility and options for free on 0800 970 2727.

An EEA family permit makes it easier and quicker to enter the UK. You might not get a boarding pass and could experience major delays without one. 


You may be refused entry into the UK if you don’t have an EEA family permit.

An EEA family permit is valid for 6 months. You can leave and enter the UK as many times as you need within that time.


Stay after your EEA family permit expires


You can stay in the UK after your permit expires if you:

     are the family member of an EEA national

     qualify for a ‘Surinder Singh’ application

     have a retained right of residence

     have a derivative right of residence


You can apply for a residence card card or derivative residence card to confirm your right of residence. You don’t have to apply but it will make it easier to prove your right to live and work in the UK.


‘Extended’ EEA family members


You must apply for a residence card if you’re the ‘extended’ family member of an EEA national and want to stay in the UK after your EEA family permit has expired.

The EEA citizen you’re joining must either:


     be in the UK already

     be travelling with you to the UK within 6 months of the date of your application


If they’ve been in the UK for more than 3 months they must either:


     be a ‘qualified person’ (working, looking for work, self-employed, studying or self-sufficient)

     have a permanent right ofresidence


Qualifying as a family member


You must be the EEA citizen’s spouse or civil partner, or related to them (or their spouse or civil partner) as their:

     child or grandchild under 21 years old, or dependent child or grandchild of any age

     dependent parent or grandparent Family members who are adopted under an adoption order that is recognised in UK law are regarded the same as natural family.


Qualifying as an extended family member or unmarried partner


You can apply as an ‘extended’ family member’, for example a brother, sister, aunt, uncle, cousin, nephew or niece.

 

You must be able to show that you’re dependent on the EEA citizen or are a member of their household, or have a serious health condition and rely on them to care for you.

 

You can also apply as an unmarried partner if you can show that you’re in a lasting relationship with the EEA national.

 

Extended family members and unmarried partners aren’t guaranteed to get a permit. Your individual circumstances will be considered when you apply.


Students


You can apply as the family member of an EEAnational student if you’re either the student’s:

     spouse or civil partner

     dependent child, or their spouse or civil partner’s dependent child


For students, children of all ages must be dependent on the EEA citizen.


You must apply as an extended family member if you’re otherwise related to an EEA national student and want a family permit.

You must provide:


     a valid passport

     evidence of your relationship to your EEA family member, for example a marriage certificate, civil
partnership certificate, birth certificate or proof that you’ve lived together for 2 years if unmarried

     your family member’s valid passport or national identity card (or a certified copy if you can’t provide the original)

     proof of your dependency if you’re dependent on your EEA family member

 

EEA family members


You must show that your EEA family member has a permanent right of residence or is one of the following if they’ve been in the UK for more than 3 months:

     working, for example an employment contract, wage slips or a letter from an employer

     self-employed (for example contracts, invoices or audited accounts with bank statements) and paying tax and National Insurance

     studying, for example a letter from the school, college or university

     financially independent, for example bank statements


Your family member must have full health insurance (comprehensive sickness insurance) if they’re studying or financially independent.


You’ll need to provide a certified translation of any documents that aren’t in English or Welsh.

You can apply for an EEA family permit if you have a ‘derivative right of residence’ as the:


     primary carer of an EEA child in the UK who is financially independent

     child of an EEA former worker and you’re currently in education in the UK

     primary carer of a child of an EEA former worker and the child is currently in education in the UK

     primary carer of a British child

     primary carer of a British dependent adult

     child of a primary carer who qualifies through one of these categories


As a ‘primary carer’, you have responsibility for the day to day care of a person, including making decisions about their education, health, and finances. You must be a family member or their legal guardian, and can be their main carer or share that responsibility with someone else.


Documents you must provide


You must provide:


     a valid passport

     2 passport size colour photographs


You’ll also need to provide information about the person you care for, including proof:


     that they’re dependent on you, such as court orders or details of care responsibilities

     that they’re living in the UK, such as tenancy agreements, utility bills or bank statements

     that children who are EEA nationals are financially independent and have full health insurance in the UK


Children of EEA nationals who used to work in the UK


You must show that:


     you’re in education in the UK, for example a letter from the school

     you were in the UK when your EEA national parent was working in the UK

     you were in education in the UK at a time when your EEA national parent was also present in the UK


You’ll need to provide a certified translation of any documents that aren’t in English or Welsh.

You can apply for an EEA family permit if you previously had a right to reside in the UK as the family member of an EEA national who either:


     had permanent right of residence in the UK

     was a ‘qualified person’ (a worker, student, self-employed person, self-sufficient person or someone looking for work) in the UK


You could have a retained right of residence if:


     your, or another member of your family’s, marriage or civil partnership to that person has ended (with a divorce, annulment or dissolution)

     that person has died and you had lived in the UK for at least 1 year before they died

     you’re the child of an EEA national who has died or left the UK, or the child of their spouse or civil partner, or former spouse or civil partner, you were in education when that person died or left the UK, and you continue to be in education

     you’re the parent and have custody of a child who has a retained right of residence because they’re in education in the UK


You must also meet other requirements to be eligible for a retained right of residence.


Documents you must provide


You must provide:


     a valid passport

     2 passport size, colour photographs

     evidence of your relationship to theEEAnational, such as a marriage certificate, civil partnership
certificate, birth certificate or proof that you’ve lived together for 2 years if unmarried

     proof of your family member’s identity and nationality, such as a passport, identity card or a previous family permit or residence card

     proof that your family member had permanent residence or had been a ‘qualified person’ (a worker, student, self-employed person, self-sufficient person or someone looking for work) in
the UK


You must also provide other documents if they’re relevant to your application. They must show proof that:


     your, or another member of your family’s, marriage or civil partnership to the EEA national has ended, such as a divorce certificate

     your EEA family member has died or left the UK, such as a death certificate

     you, or a child in your custody, was in education when your family member died or left the UK and
continues to be in education, such as a letter from the school

     you have custody of a child of your family member, such as a court order

     you or a family member were a victim of domestic violence, such as a injunction or social services report


You’ll need to provide a certified translation of any documents that aren’t in English or Welsh.


Additional requirements if you or yourfamily member divorced the EEA national or ended a civil partnership with them 


You can only apply if you were in the UK as the EEA national’s family member on the date the divorce was finalised or civil partnership was ended and one of the following applies:


     the marriage or civil partnership lasted at least 3 years before legal proceedings began and the
couple lived in the UK for at least 1 year before the divorce, annulment or dissolution was finalised

     you (or the former spouse or civil partner of the EEA national) have custody of a child of the relevant EEA national

     you (or the former spouse or civil partner of the EEA national) have access rights to a child of the
relevant EEA national, provided the child is under 18 and a judge has ordered
that access must take place in the UK

     you, or a family member, have been a victim of domestic violence during the marriage or civil partnership, or there are other particularly difficult circumstances which justify retaining
the right of residence

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