EEA Family Permit FAQ | meer-bezoekers.info
of the Immigration (European Economic Area) Regulations ("the EEA He concluded that the EEA Regulations denied them rights under EC law. able to bring to the UK those with whom they are in a durable relationship. The appellant's skeleton argument quotes a version of regulation 9 prior. Durable relationships under the Immigration (European Economic Area) Economic Area) Regulations (the ' Regulations') sets out. Guidance on how to assess and decide applications for EEA family permits. the Immigration (European Economic Area) Regulations
For the purposes paragraph of the Immigration Rules, an EEA national who is a qualified person in the UK is considered as present and settled if they have permanent residence as set out under schedule 2 of the EEA Regulations. The UK currently recognises adoptions that have taken place legally in the majority of EEA Member States as they are either included on the designated list or because they are Hague Convention states. Switzerland is also on the designated list of recognised countries.
The exceptions to this are Hungary, which has signed the Hague Convention but not yet acceded to or ratified it and Liechtenstein because it is not on the designated list, nor has it signed the Hague convention. In some very rare circumstances adoption orders made in Convention countries may not automatically be recognised in the UK. In general, however, a child legally adopted in one of the recognised Member States should qualify for an EEA family permit provided that they meet the relevant criteria.
This would apply if, for example, an EU national adopted a child in a country not on the designated adoption list here. A child must be under However, children aged 21 and over can also apply. Examples of reasons for refusal are: It also applies to extended family members, who must show dependency.
You have a full right of appeal. If the latter is the case, the refusal attracts a limited right of appeal only. But in all other circumstances, you have the full right of appeal.European Economic Area
No, this is not not free of charge. You can find the fees on the Ministry of Justice website here. An ECO will normally only interview you if he or she has: That is only a requirement for people that apply as a family member under the UK Immigration Rules.
This document is available in the following Practice Areas
Similar to the income requirement, this is only a requirement for applicants that apply as family members under the UK Immigration Rules. Under EU law, you have three months of unrestricted residence. You can do this by showing evidence that you are: The Permit is valid for multiple entries, for six months. What if I wish to stay longer than 6 months; i.
- EEA family permits: guidance for entry clearance officers
If you are the non-European family member of an EEA or Swiss national, and you have come to the UK with them, you can apply for a residence card. This is a document which confirms your right of residence under European law.
'Durable relationships' and 'other family members' of EEA nationals: d
A residence card is normally valid for 5 years from the date when it is issued. When you have lived here for a continuous period of 5 years with the EEA or Swiss national who must have been in employment, self-employment, studying or self-sufficient in the UK throughout the 5 yearsyou can apply for confirmation of your right to permanent residence in the UK.
You do not need to obtain documents confirming your right of residence in the UK if you are a family member of an EEA national.
However, you may be inconvenienced if you do not obtain this documentation, as: Please click here for a copy of the Regs. The new rules take effect on 8 November The main changes are: The requirement in Regulation 8. Primary and sole carers of British citizens now have rights to enter and reside in the UK.
A practical example would be the parents of children who would otherwise be displaced and lose out on their education, now qualify for leave to remain. You can read the full ECJ ruling on Zambrano here. This means that whilst carers can stay in the UK with their dependants they cannot get permanent residence or sponsor family members. They are present in the the UK to look after their dependants only.
Allowing the Secretary of State to accept alternative forms of identification where a person is prevented from providing this evidence due to circumstances beyond their control.
Does the Zambrano judgement affect visa applicants whose circumstances are similar to those described in the judgement but who currently reside outside the UK? I am from a country that normally requires that a valid TB certificate be submitted if my stay is for longer than six months.
No, it does not. This is incorrect; TB certificates should not be requested as a matter of course. The Regulations do not not impose a requirement to produce a valid TB certificate as part of your application.
You can find a copy of the Regulations here. You can find the link to this Guidance here. A TB certificate may only be requested if the ECO Visa Officer has good grounds to request one, for example, if an applicant looks severely ill.
Do I need to get another visa, or can I use this Family Permit? Wherever possible a decision should be made at the time it is lodged or after an interview is conducted. However, the Regulations do not say that EEA family permits must be issued on the day that the application is made. In addition, the EEA Regs provide for 'derivative rights of residence' in specific circumstances for: For further information see Practice Note: EEA nationals and their family members can be removed from the UK and their registration certificates and residence cards revoked if they cease to be qualified persons, and they will be subject to a month 're-entry' ban unless they are able to show that they would be a qualified person immediately upon re-entry.
However, that removal must not be the automatic consequence of having recourse to the social assistance system of the UK. The Home Office can remove, refuse entry, refuse to issue a residence document, or revoke a residence document where a person is considered to be misusing or have misused rights of residence.
Abuse of rights in EU free movement law: EEA nationals and their family members can be excluded or expelled on the grounds of public policy or security, but this is subject to important restrictions which have been somewhat watered down by the EEA Regs There is a right of appeal against exclusion or expulsion on public policy and public security grounds.
8. “Extended family member” - EEA Regulations
However, significant amendments were made to the EEA Regswhich applied to decisions taken on and after 28 Julyand have been carried forward to the EEA Regs These amendments provide that an appeal against a removal decision taken on such grounds will not stay the appellant's removal if the Home Office has certified that such removal would not breach their human rights. For a summary of the extensive case law that has developed in this area, see: Exclusion and expulsion of EEA nationals and their family members: Zambrano and European Union citizenship The effect of the significant CJEU decision of Gerardo Ruiz Zambrano v Office national de l'emploi, and the related domestic and Court of Justice cases that followed it, is that a third country national will obtain a right of residence where the effect of their removal from a Member State would be that their EU citizen dependant would be forced to leave the EU.
This is because removal of the EU citizen in these circumstances would deprive the EU citizen of the genuine enjoyment of the substance of the rights attaching to their status as an EU citizen. This right of residence therefore derives directly from Article 20 of the TFEU, rather than from any provision of free movement law.
In general, due to the requirement for dependence, it will apply only to primary carers of British children. For further information, see: Zambrano and European Union citizenship and Applying to confirm a Zambrano right of residence. The Citizens' Directive allows Member States to impose a visa requirement on third country family members intending to accompany or join EEA nationals in another Member State, who are nationals of countries which require visas to enter the Schengen area or in accordance with the Member State's national law.
These should be issued on the basis of an accelerated procedure and Member States should grant the relevant applicants 'every facility to obtain the necessary visas'. The UK government issues family permits to such persons.