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Fri, 22/8/2008

EEA FAMILY PERMITS

Any citizen of an EU country taking up residence in the UK in accordance with EU treaty rights is entitled to bring their family with them to the UK. Family includes spouse and children under 21, and any other family members who are part of the same household and remain dependent upon the EU citizen.

How do I qualify?

All non-EU members of the family accompanying the EU citizen to the UK need to apply for an EEA Family Permit from the British High Commission.

How do I apply and do I need entry-clearance?

The application by the non-EU family members has to be made to the British High Commission for an EEA Family Permit. This permit is normally granted for one year.

Within the first year and preferably within 6 months of arrival in the UK, the EU National should apply to the Home Office for an EC Residence Permit, and all non-EU family members should apply at the same time for five-year resident stamps to be placed on their passport.

Breytenbachs specialises in EU immigration law and would be able to assist you.

Some rules and restrictions

  • All non-EU family members are entitled to work in the UK without restriction.
  • Non-EU family members rights to remain in the UK are however, dependent on the EU family member continuing to exercise Treaty Rights in the UK e.g. In employment, in business, or economically self sufficient.

Does this visa lead to indefinite leave to remain?

Yes, applications for ILR may be made by all family members, including the EU citizen, after five years residence in the UK, provided that the necessary permissions have been obtained in the meantime.

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