European Economic Area Applications
Brexit has affected the way EU and EEA nationals can chase their livelihood in the UK. As a national of the EU or EEA, you need to apply for an immigration status to stay in the UK, effective 31 December 2020. Royce Legal Solicitors deal with all aspects of the complex and ever-changing UK immigration Law. Our specialist EEA solicitors will aid in applying for the correct status to stay or enter the UK.
If you were already living in the UK by 31 December 2020 and wish to stay indefinitely – you will apply for the “EU Settlement Scheme.” Our Immigration Team will help you with applications for the EU settlement scheme. Contact us at (insert number) for a free consultation on how Royce Legal can help you and your family.
What is the EEA Family Permit Visa UK
The EEA Family Permit Visa allows entry to the UK for non-EEA family members of EEA nationals that are living or working in the United Kingdom. When travelling with family, we strongly recommend that you have this permit at hand as some airlines refuse permission to board in fear of being fined for carrying someone that requires permission to travel to the United Kingdom.
Furthermore, you may be refused entry by the immigration officials if you are not carrying your EEA family permit, better to be safe than sorry!
Six months is the validity period for the EEA family Permit. Once expired, you will need to apply for a new permit or an EEA Family Residence Card if you want to legalise your stay in the UK.
Royce Legal Solicitor’s immigration team has an abundance of experience assisting EEA nationals and their families to secure their livelihoods in Britain. We are up to date on the changes in immigration law following Brexit and can provide expert advice to ensure your stay in the country is protected.
Requirements for an EEA Family Permit
To apply for an EEA Family Permit, you must demonstrate the following qualifications:
- You belong to a family (extended or otherwise) of an EEA national who is already in the UK or will be travelling with you in the next six months, from your date of application.
- If the EEA national is already in the UK for three months or more, they must implement their Treaty rights as an employee, entrepreneur (self-employed), student or self-sufficient person.
- You will be residing in the same household as the EU national and live as their dependant.
- If you choose the Surinder Singh Route to make your application or have a “retained right of residence” or “derivative right of residence,” you will require further eligibility criteria. Contact Royce Legal Solicitors for an experienced immigration solicitor to handle your application process.
Here, a family member is defined as:
- Either a spouse or civil partner;
- A partner you have lived with in conditions similar to marriage for a minimum of two years or more (same-sex partners included);
- A dependent child or grandchild 21 years of age;
- A dependant parent or grandparent.
Extended Family Members include aunts and uncles, siblings, nieces, nephews and cousins who are dependent on you for their daily needs.
How to Apply for an EEA Family Permit?
All countries can apply for an EEA family Permit online except North Korea. In addition, no fees are charged by the government for this application process. Our team of immigration solicitors will guide you through each step.
Which documents are part of the EEA Family Permit Application?
The following documents should be part of your EEA Family Permit application:
- Valid passport;
- Evidence of your relationship with your EEA family member. These can include marriage or civil partnership certificates, and birth certificates. If you are unmarried, you must provide evidence that you have lived together for two years.
- Valid passport or national identity card of your Sponsor. A certified copy can also be provided if you do not have the original.
- Show that you are dependent on your EEA family member.
- Proof that your EEA family member has permanent residence status in the United Kingdom or has been in the country for more than three months and exercising their treaty rights.
Why Do I Need an EEA Family Permit?
The permit will provide you with problem-free ease of travel to the UK. It also helps make the EEA residence Card application process smooth sailing as most requirements are already in place.
What do I do in case of refusal for my EEA Family Permit?
If your application is refused, you have a full right to an appeal for both family and extended family members. Royce Legal Solicitor’s will carefully examine the reason why your application was refused and advise you on the best route you can take to salvage the situation. Options include:
- Resubmission of the application;
- Appeal or contest the decision through a judicial review.
Why Choose Royce Legal Solicitors To For Your EEA Family Permit Visa UK?
Royce Legal Solicitors have the expertise to successfully acquire EEA Family Permits. We work closely with you and your families to secure your immigration status so you can live without a worry in the UK. Our lawyers have the skills to process your application and ensure that you have the best chance of approval. Putting the application together is a taxing task, especially when the outcome will impact you and your family’s life. With Royce Legal, you can expect a hassle-free service. As a full-service law firm, we have experts that can advise on any concerns you have regarding the application or immigration law in general. For a free consultation contact (insert number) to know what steps to take.
If my EEA family member is unemployed, can I still apply for the permit?
Yes, this can be classed as “exercising their Treaty Rights” under EU law. At best, our solicitors will analyse the circumstances and let you know if your family member is eligible.
What are Retained or Derivative rights?
Family members that are nationals of countries outside of the EEA can retain their right of residence according to EU law but only in certain circumstances. These can include:
- The EEA national has passed away
- The EEA national no longer lives in the United Kingdom
- The EEA national divorced their country’s national spouse or civil partner.
The EEA regulations 2016 also provides for ‘derivative rights of residence’ for the primary carer of an EEA child/children of an EEA national migrant worker who have gone through either of the above circumstances. Contact us for more information, and our legal team will try to help you in the best possible way.
What is the EU Settlement Scheme?
After Brexit, the EU Settlement Scheme was introduced to allow and monitor EU and EEA nationals to hold lawful immigration status. The Scheme classifies your immigration status as settled or “pre-settled.
You will get a settled status only, if you have been living in the UK for five years continuously. If your stay is less than five years, you will get a pre-settled status, which is valid for five years. Once your five years are complete, you can apply for settled status. These statuses allow your family and you to live and work without restrictions in the UK. You can leave and enter the country as you please as well. After 12 months on a settled status (six continuous years of living in the United Kingdom, you can apply for naturalisation and become a British Citizen.
How Long Does it Take for the EU Settlement Scheme Application to process?
It takes one to two months to process your EU scheme Application, but this can vary and tend to be longer, as the deadline approaches. While your application is under process, you are free to stay in the UK under EU freedom of movement law.
What If I Don’t Want To Settle in the UK Permanently?
If permanent settlement is not your aim, you do not have to apply for the EU settlement scheme. There are several other visa options you can apply for instead, such as:
- Investing or starting a business (Investor Visa)
- Work on a temporarily or permanently;
- Conduct a business trip;
- Attend a conference;
- Study or research;
- Medical treatment or healthcare reasons;
- A short visit.
According to your circumstances, our Immigration Team will advise you on which visa is best for you. Whether it’s a student visa, a work visa or a business visitor’s visa.