TMC Solicitors is a brand name of TMC Solicitors Ltd a private limited company registered in England & Wales – No 1055930 TMC Solicitors Ltd is authorised and regulated by Solicitors Regulation Authority – No 636580. Full details are available at Law Society Find my solicitor website, solicitors.lawsociety.org.uk. Our registered address is 4 Central Buildings Kingsway Manchester.
Understanding EEA Family Permit
Anyone entering the United Kingdom as a family member of a citizen of one of the states party to the EEA agreement must have a valid EEA family permit. The European Economic Area Family Permit is meant when the acronym "EEA" is used. This permit allows citizens of third-world nations to enter the United Kingdom without restriction. The British government must issue this card. Permits issued by countries outside the EEA and Switzerland are not recognised.
Joining an EEA family member in the UK with a family permit grants you work and study authorisation for up to six months. You have unrestricted entry and exit privileges into and out of the country during this time. Victorious applicants can pass passport control and avoid being denied access immediately.
Who is eligible to apply for an EEA family permit?
If you are the spouse, child, or parent of a British resident who is an EEA national, you may be able to apply for a UK EEA Family Permit.
If your family member is not a UK resident but plans to join you there within six months of your application, you may also be eligible for this visa.
You must meet one of the following criteria to apply for a family permit in the United Kingdom:
- Single companion
- Spouse or legal partner
- A grandchild or a younger child who depends on you
- relative who needs care, such as a child
It is important to remember that if a couple is not married, they must provide evidence that they have been in a committed relationship and living together as husband and wife for at least two years.
An EEA family permit can no longer be obtained for 'extended' family members of an EU, EEA, or Swiss citizen due to a rule change.
An EEA Family Permit may also be available to you if you meet one of the following criteria:
- You are entitled to "retained right of residence" status. It could be the case if your EEA spouse or civil partner left the UK, passed away, or divorced you after you both had the right to live there together.
- You have a "derivative right of residence," a legal term. Suppose you are the dependent child of an EEA national who is no longer employed in the United Kingdom or the dependent child of a person currently residing in the United Kingdom. In that case, you may be eligible for this.
- The Surinder Singh application process is open to you. If you have a UK national relative living in another EEA country for more than a year, you may qualify for this.
Who qualifies for an EEA family permit?
To be eligible for a UK family EEA visa, a person must meet one of the following criteria:
Family member
Those with an immediate family member who is an EU citizen and is willing to join them in the UK may apply for a visa. This person must be a British citizen's spouse, child, grandchild, or dependent parent or grandparent who is an EU citizen under age 21.
Extended family
Relatives are not blood relatives of the EU national but are otherwise related to them through marriage or adoption. Additionally, if an EU citizen and their non-married partner have lived together for at least two years, the couple may apply for a residence permit. All of the above people must provide evidence that they are economically dependent on and biologically related to an EU citizen.
Surinder Singh application
If you are a family member of a British citizen and have ever lived in the EEA with that person, you may be eligible to apply for an EEA family permit in the UK. This person should be able to exercise their treaty rights in the other EEA country. One must provide evidence of continuous residence in that other EEA state with an EU family member. Although one does not need to meet the UK-mandated income level, obtaining a visa is highly rigorous.
Derivative Right
If you are caring for a child who is a European Union citizen, a student at a UK school, and whose EU worker parent has died or left the country, you may be eligible for an EEA family permit. You must obtain a derivative residence card to establish your legal status in the UK as the carer or child of an EU citizen. Getting a permit in this location is subject to stringent requirements.
Retained right
One qualifies for the permit if they have lived in the UK with a relative who is a citizen of the EU or has indefinite leave to remain in the UK. The following likely took place:
- The marriage ended
- The person you married dies
Possible Visas for British Relatives
A different type of UK visa may be available to non-EEA family members of a UK citizen or a person who has been granted "indefinite leave to remain" to stay in the country for an extended time.
In the UK, there are two primary types of family visas:
- UK Visa for a spouse or partner If your spouse is a British citizen or a person with settled status in the UK, you may apply for this visa. Full-time cohabitation with a UK-resident spouse is required for this visa. Applicants can ask for a visa that will last up to two and a half years, with the option to extend it for another two and a half years. After five years of residency in the UK, you can apply for settled status.
- If your future spouse is a British citizen or has settled status in the UK, you may apply for a UK Fiancé visa. You must have met your future spouse in advance and get married within six months of the visa being issued. This visa's initial validity duration is six months. You can apply for a UK Marriage Visa after you've tied the knot.
What is the time frame?
The non-EU national should apply for an EU residence card during the six-month validity period of this permit. Upon acceptance of their application, they will be given an EU residency card to dwell in the UK for five years. The treaty rights of his non-EU family member to remain in the UK should be exercised by his EU family member. An EEA family permit holder is permitted to work in the UK for six months. If an EU citizen has been enjoying treaty rights in the UK for five years from the date of entrance, their non-EU family members are also eligible to apply for Permanent Residence in the UK.
When does a family EEA permit expire?
The validity period of a family EEA permit is six months. There is no limit on the number of times you can leave and re-enter the UK during that period.
An application for Indefinite Leave to Remain in the UK (commonly known as "ILR" or "permanent residence") can be made once the EEA Family Permit for the non-EEA UK member has been issued for a period of 5 years.
Why Us?
You can consult with one of our trustworthy and knowledgeable attorneys for assistance with your application for an EEA family permit.
The immigration lawyers at "TMC Solicitors" are among the best in the UK. Our legal staff will offer prompt, courteous service to ensure your application is processed smoothly and by applicable laws and regulations. Please contact us if you need assistance with your family permit application.
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