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09 Apr How can you apply for a permit to join your EEA family member?

Posted on April 9, 2019 in EU Immigration by
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A person who is the family member of an EEA national must be admitted to the UK to join or accompany the EEA national where they present a valid passport and their valid family permit. There are 2 different family permits:

  • the EEA family permit
  • the EU Settlement Scheme family permit

 

The EEA family permit

You can apply for an EEA family permit to enter the UK if:

  • You are from outside the European Economic Area (EEA);
  • You are a ‘close’ or ‘extended’ family member of an EEA or Swiss national (excluding UK nationals).

 

There are other ways you may be eligible for an EEA family permit, for example:

  • You hold a ‘derivative right of residence’ – you’re the carer of someone who has the right to be in the UK, the carer’s child, or the child of an EEA national who previously worked in the UK;
  • If you made a ‘Surinder Singh’ application after living in another EEA country with a British family member;
  • You hold a ‘retained right of residence’ – you have the right to stay in the UK as the family member of an EEA national who has died, left the UK or is no longer your spouse or civil partner.

 

Eligibility of the EEA citizen

The EEA citizen you would like to join must either:

  • Be in the UK already;
  • Be travelling with you to the UK within 6 months of the date of your application.

 

If they have been in the UK for more than 3 months they must either:

  • Be a ‘qualified person’ (working, looking for work, self-employed, studying or self-sufficient) or
  • Have a permanent residence document

 

Please note that if your family member is not a ‘qualified person’ and does not have a permanent residence document, you may be eligible for an EU Settlement Scheme family permit instead.

How long is it granted for?

An EEA family permit is valid for 6 months. However, if you wish to stay in the UK after your family permit expires, you can either apply for a pre-settled status under the EU Settlement Scheme or a residence card under the EU Regulations 2016.

EU Settlement Scheme family permit

You can apply for an EU Settlement Scheme family permit to enter the UK if:

  • You are from outside the European Economic Area (EEA)
  • You are the ‘close’ family member of an EEA or Swiss national (excluding UK nationals)
  • The EEA citizen you wish to join has ‘settled’ or ‘pre-settled’ status under the EU Settlement Scheme
  • The EEA citizen you would like to join is already in the UK or travelling with you to the UK within 6 months of the date of your application

 

Please note that if you were not a ‘close’ family member of the EEA or Swiss national or if they do not have ‘settled’ or ‘pre-settled’ status under the EU Settlement Scheme, you need to apply for an EEA family permit instead.

How much does it cost?

The application fees for both the EEA family permit and the EU Settlement Scheme family permit are free.

Contact Our Immigration Team

For expert advice regarding any aspect of the EEA family permit and the EU Settlement Scheme family permit, please contact our immigration team on 0203 384 3075 or contact us here.

The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.