In two separate hearings, two different immigration judges have expressed doubt over whether an eea family permit is the appropriate form of entry clearance for a family member of an eea citizen exercising treaty rights elsewhere in the eu when they. Smartmove2uk is here to you assist you for eea family permit. Family members of eea nationals international students. The eea family permit is not a visa but a simple entry clearance, which. If you are a non eea national who holds a valid genuine residence card, issued to you as the family member of an eea national who is exercising free movement rights in another eea state i. Eea family permit right of eu national to bring family to uk. Davidsonmorris is a leading uk immigration law firm specialising in eea family permit applications. Eea family permits are only issued to family members of nonbritish eu citizen. Avoiding eea family permit refusals taking the complexity. Eea family permit visa smartmove immigration consultant for uk. Wembley solicitors can assist you in applying for an eea family permit. If you are eligible for an eea family permit, contact one of our solicitors.
Here at wm immigration we get a lot of inquiries regarding the eea family permit. Eea family permit application eu family members immigration. How quickly must an eea family application be processed. Family members of eea nationals are generally required to have a family permit when travelling to the uk.
Is uk handling of eea family permit visas still a problem. Here, in the second part of our series, we look at eea family permit refusals, focusing on the top 3 reasons for refusals and how to avoid them. The immigration law practitioners association ilpa have published a series of information sheets providing an overview of eu rights of residence and issues affecting citizens from european economic area eea and switzerland and their family members living in the uk in the context of brexit. Uk eea family permit family member visa consultant in india. The eu law does not apply since you are a british citizen who is obviously living in the u. I am in the uk now with my husband and someone just told me that if we leave the uk and come back in together, we can get stamped with the family permit. Eu data protection regime, involving replacement of the national data protection laws by a directly applicable eu regulation. A non eea national may apply for a eea family permit, or family permit under the eu settlement scheme, to accompany their eea family member. Eea family permit information and advice davidsonmorris. As it is the same document that is issued to eu family members wishing to reside in the uk, we encountered the same confusion at the uk border several times. Proof of eea status in addition to the document checklist mentioned above, an eea family permit must also be aware of the documents required to prove that their eea family member is indeed a. They are issued free of charge by the home office under the european regulations. Smartmove immigration uk eea family permit visa consultant assist applicants based in uk or india in eea applications.
This relates to eea family permit requirements and guidance in the light of immigration european economic area regulations 2016 for non eea direct and extended family members. You must be a close family member, such as a spouse, civil partner, dependent child or dependent parent. Many websites on the internet offering immigration services are unregulated management companies or intermediaries that sell on your details to third parties. Family members of eu nationals who are not eu nationals themselves, normally require an eea family permit to enter the uk with their eu national family member. Following family members of eea eu and swiss nationals are entitled to apply for a schengen visa as eea eu and swiss national family member, i. Nationality and citizenship under uk law basic applications for. Eu immigration uk residence for eu citizens eea lawyers. The family members stay in the uk is not tied to the eea ch family member and the requirement to be exercising treaty rights only kicks in after 3 months and only refers. They are issued by the uk immigration authorities under the immigration european. However, it is possible for them to demonstrate their right of admission under eu law at the uk border if they do not. To discuss your eea application options and eligibility requirements, please contact our london immigration lawyers on 020 7439 3000 book a consultation with one of our eea immigration experts so that we can assess your case and help you make a successful application. Where a union citizen, or a family member who is not a national of a member state, does not have the necessary visas, the member state concerned shall, before turning them back, give such persons every reasonable opportunity or to corroborate or prove by other means that they are covered by the right of free. I am not sure if that will help, since we have been showing that my grand mother as dependent on my mother for her 4 applications and also as i have sponsored already my wife as dependent on me.
But i recently got visa for my wife on my sponsorship spouse eea family member. Under eu law, eea nationals are entitled to be joined by their extended. You can also walkin in our offices at mumbai, delhi, bangalore, chandigarh and. Apply for a permit to join your eu or eea family member in the uk. Regulation 112 of the immigration eea regulations 2006 requires non eea national family members of eea nationals to hold eea family permits when they enter the uk, unless they have already obtained a residence card or a.
Updated eea family permit application procedure 2020. Family members of eea citizens enjoy the right of admission to the uk without leave to enter or remain providing they can prove their relationship to an eea citizen. Apply for an eu settlement scheme family permit instead if youre a close family member of an eea or swiss national and they have settled or presettled status under the eu. You can apply for an eea family permit to come to the uk if both the following apply. Check if youre eligible and apply for the eea family permit. The eea family permit is valid for 6 months and is meant to facilitate their entry to the uk. Current home office guidance also states that unless a family member holds a qualifying eea state residence card issued in germany or estonia, non eea family members of an eea national seeking entry into the uk must apply for an eea family permit if they do not have a residence card or permanent residence card. To qualify as a direct family member, you must be the eea citizens spouse or civil partner, or the child or grandchild under 21 of the eu national or his spousecivil partner. The regulations replaced the immigration european economic area regulations 2006 apart from articles 7a and 7b which are saved from the 2006 regulations. If so, you can usually move to, or visit, the uk with an eea family permit these are free of charge and less likely to be refused, as its your right as a family member of an eea citizen to be permitted entry to the uk with them. Brexit update on eea migration postbrexit transition period and mac interim report. Apply for an eu settlement scheme family permit instead if youre a close family member of an eea or swiss national and they have settled or presettled status under the eu settlement scheme. Na law offers a variety of services for european citizens and their family members under the eu regulations.
They may also apply for this permit to visit their eea family member in the uk. Further information is outlined in the home offices eea family permit guidance. Eea family permit for parents in law post by secret. Eea family permit advice, refusals and processing times. The common law partner provided that the relationship is registered in a public registry established for that purpose in a member state of the european union eu or in a state party to the european economic area eea. Eu law, specifically article 54 of directive 200438ec, provides that. What is an extended family member of an eea national in eu law. Apply for an eea family permit taking the complexity out of. An eea family permit is a form of entry clearance to the uk just like a visa. Although the uk is a member of the eea, a non eea family member of a british citizen should not generally come to the uk using an eea family permit. A noneea family member of an eea national will need to obtain an eea family permit before traveling to the. The permit allows the holder to enter and leave the uk as many times as heshe needs to. Apply for the eu settlement scheme family permit if youre the close family member of an eea or swiss national and they have settled or presettled status under the eu settlement scheme. An eea family permit is a form of entry clearance to the uk for noneu nationals to join their eu family member in the uk.
Eea family permit best immigration solicitors london. In principle, all noneu members of the family, accompanying or joining the eea citizen, or swiss national, toin the uk can apply for an eea family visa or permit. An eea family permit is a form of entry clearance to the uk similar to a visa. Eea family permit uk visa surrinder singh principle. Eu and eea immigration law basic applications for the following. We have been able to help these applicants and successfully obtain their eea family permit for them so they can come to the uk with their partner or family to visit or settle. European economic area family permit news newspapers books scholar jstor february 2010 learn how and when to remove this template message. Family members of eea ch citizens are not subject to immigration controls in the uk, under eu law. Family permit as family member of eu national sunrise. Under european law, citizens of eea countries have the right to live and work at their will in the uk. The status of eea nationals living and working in the u. I am nigerian but presently residing in sofia, bulgaria. This means that the same rules apply for non eea family members of eea. If successful you would be given an eea family permit which gives you the right to enter the united kingdom for 6 months.
The eea family permit will allow the non eea national to stay in the uk, beyond the expiry of the permit, provided that the family member continues to exercise their treaty rights in the uk. You need a valid eea permit or residence card to stay in the uk if you are an extended family member a more distant dependant family member or a partner where there is no civil partnership, but the relationship is durable. Learn more about eea family permit application, eligibility criteria and. Get a family permit if you want to join your family or partner in the uk and theyre from the european economic area eea eligibility, cost.
The spouse, provided that the marriage bond is still valid. Extended family members of eea nationals uk immigration lawyers. Eea nationals are citizens of austria, belgium, bulgaria, cyprus, the czech republic, denmark, estonia, finland, france, germany, greece, hungary, iceland. Apply for the eea family permit if youre a close or extended family member of an eea or swiss national. Registering your noneu family members in another eu country.
In the past, british embassy handling of eea family permit visas has systematically violated eu law, even in the straight forward cases. The eea and switzerland family permit is designed to allow family members of qualifying eea nationals to enter the uk, for an initial period of 6 months. Eea family permit application process, expert advice. While not technically an eea visa, the family permit will allow noneu nationals to enter the uk under eu law to join their european family members. Immigration european economic area regulations 2016. Whether the application is for visiting or settling in the uk, na law will help you or your family member achieve all desired immigration goals with ease. An application for an eea family permit may be submitted from any location outside of the uk. How do i extend my wifes eea fp family member visa.
Five star international is a highly experienced firm of immigration experts based in the west end of glasgow, on argyle street near sauchiehall street. The eu law will continue to be applicable to all eu nationals until brexit from the eu becomes effective as a result of the article 50 which has already been triggered by the uk prime minister. Family members may need a special entry clearance the eea family permit to enter the uk. The various applications which can be made to the by the eea nationals and their family members are listed below.
Wherever possible a decision should be made at the time it is lodged. Mar 01, 2019 the non eea national may apply for an eea family permit to accompany their eea family member to the uk, where they have been living together overseas. If you are a non eea national intending to come to the united kingdom to join your partner who is a national of one of the eea member states you are advised to apply for this permit from an overseas british post. When applying for a residence card in spain, the spanish immigration authorities told james that although he has a residence permit in italy as a family member of. My husband and i lined up in the noneu line when we arrived.
Apply for an eea family permit taking the complexity out. Eu treaty rights are rights afforded to the citizens of the european union and family members under directive 200438ec. You would need to fulfil the following requirements. The court of justice of the european union s cjeus decision in the ince case of february 2016 c33514 ince decided that the current regulation of sports betting in germany violates eu law. The checklist for eea family permit supporting documents must always have room for additional documents considering potential complications in the case. The eea family permit is also issued to eu family members who are resident in another eu country and want to visit the uk for a short time. In part 1, of our series on eea applications we looked at the application process, and documents required to apply for an eea family permit. Eea family permit supporting documents the smartmove2uk. Many applicants have had their permit refused for various reasons.
If youre from the eu eea or switzerland you can join your relative living in spain without the need for a visa or permit but you must follow certain rules regarding registering as. The executive summary of the complaint reproduced below highlights some of the problems encountered by married couples applying for an eea family permit. They will guide you through the process, stepbystep, to ensure you submit all the documents, correctly filled, on time. Personal data required for visa applications will therefore be processed. Once in the uk they will be issued with a residence card valid for up to five years. Family members of eu nationals who are not eu nationals themselves, generally require an eea family permit to enter the uk with their eu national family member. Normally this will be done though a passport and an eea family permit, family residence card or permanent residence card. Updated eea family permit application procedure 2019.
I am applying for my eea family permit next week in order to join my wife in the uk. From the airlines perspective, your wife will only be able to transit in the uk without a visa if she. Will a noneu citizen get stamped with a family permit at. It is for noneea nationals who are family members of eea nationals. You are a relative partner, child or grandchild of a qualified person an eea citizen. An eea family permit is granted for a period of six months and the visa holder is entitled to work in the uk. How quickly must an eea family permit be processed. Eea family permit refused for motherin law next steps. Thanks for contributing an answer to expatriates stack exchange. If you are moving to spain to join a relative or spouse, find out about spains visas and permits for family reunification in spain.
The regulations stand as amended by the following statutory instruments. The immigration regulations 2016, or eea regulations 2016 for short, constitute the law that implements the right of free movement of european economic area nationals and their family members in the united kingdom. Immigration european economic area regulations 2016 wikipedia. Switzerland, which is a member of efta but not of the eea. Any eu citizen taking up residence in the uk in accordance with the eu regulations can bring their family with. If the eea eu citizen does not have a residence permit, they are issued with a 6 month family permit in which they are permitted unrestricted employment in the uk for the 6 month duration. Indefinite leave to remain 10 years route, parent of a child 5 years route, eu settlement scheme, tier 4 students visa extension, marriage, family memebers. Eea family permit bring your noneea family member to the uk. Eu and eea immigration applications na law solicitors. Priority must be given to applications for eea family permits. You can be a close or extended family member for example a brother, sister, aunt, uncle, cousin, nephew or niece. Treaty rights are also granted to members of the european economic area eea as well as switzerland.
The eea family permit is usually granted to family members of eea nationals who are nationals of countries outside the european economic area eea. The sponsor has been living and has a job, either as a worker or as a selfemployed individual, in an eea member state. Those who can apply are family members of eu nationals who are permanent residents in the uk. It is for nationals of countries outside the european economic area eea who are family members of eea nationals. Eea family permit refused for motherinlaw next steps. These are the instructions for ukba staff concerning the processing times of eea family permit applications valid as at 10 august 2012. And also provides details of supporting documents, refusal reasons checklist, marriage or civil partnership of convenience. Is it true that a noneu citizen will get stamped with a family permit at the airport when arriving in the uk with their eu spouse. An eea family permit is a form of entry clearance to the uk and is designed to make movement around the eea member states easier for non eea family members.
Eea family permit applications uk immigration lawyers. The citizens rights directive 200438ec also sometimes called the free movement directive defines the right of free movement for citizens of the european economic area eea, which includes the member states of the european union eu and the three european free trade association efta members iceland, norway and liechtenstein. For the most part, eu free movement law is easy to understand and enabling. There are no immediate legal consequences to eea nationals and their non eea family members that flow directly from the referendum result to leave the european union eu. On completion of the five year residence with the eu national, the noneuropean family. The eea family permit or visa is valid for six months. However, applying for family permit in advance will simplify entry and avoid the conflict with the airline, where they may not allow a passenger to board the plane in the absence of a valid visa. The court found that there was an unlawful monopoly on sports betting and confirmed that key elements of the sports betting licensing process were. An eea family permit application is similar to entry clearance and allows non eea nationals to enter and leave the uk without restriction for 6 months for the purpose of joining eea family members in the uk.
Once in the uk with an eea family permit, extended family members can apply for the eu settlement scheme to. Extended family members of eea nationals in eu law lexology. Apr 07, 2017 a non eea national may apply for a eea family permit, or family permit under the eu settlement scheme, to accompany their eea family member. Similarly, a person who has entered the uk with family permit under surrinder singh principle, can apply for residence card as a family member of a british citizen. Eea family permit is issued for six months and before the expiry of the eea family permit, the non eea national can apply for residence card as a family member of an eea national. Eu treaty rights allow for free movement within the member states of the eu. Noneu family members do not need visa to enter uk, says european court this article is more than 5 years old judges decision in mccarthy case is another setback in campaign by british. Eea passport holders, eea family permit or residencecard holders. Browse other questions tagged unitedkingdom visa eucitizens family refusal or ask your own question. An eea family permit is initially granted for six months on entry clearance to allow you and your family to enter the uk and settle in. In addition, the regulation foresees higher maximum level of fines than historically. Eu treaty rights what does exercising them actually. Family members or spouses of the eea national also have the right to live and work in the uk like the an eea national even if they do not belong to an eea. Everyday low prices and free delivery on eligible orders.
On the expiry of the permit, and following the overseas family members arrival, the overseas family member may continue to reside in the uk, as long as they continue to meet the eea regulations. Immigration european economic area regulations 2006. Indefinite leave to remain london law consultants ltd. This family permit is issued overseas and works as a visa or entry clearance to the uk. Noneu family members do not need visa to enter uk, says. At the same time, an eea residence document issued by another member state may work as a family. The eea eu citizen is expected to apply for a residence permit in these 6 months and their dependents should at the same time apply for the eea family permit. Eea family permit for parents in law use this section for queries concerning applications on any of the eea series of forms, and also for applications for eea family permits. The problems are detailed in the oct 2012 complaint to the european commission chap20123146. Eea family permit is an immigration document that assists the holder to enter the united kingdom as a family member of a citizen of a contracting state to the european economic area agreement or a swiss citizen. Shes british citizen and has been exercising her treaty rights for years now. As the law has come into effect on may 25, 2018, it has imposed a substantially higher compliance burden on our business.
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