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09 May European nationals and their family: How can we help?

Posted on May 9, 2019 in EU Immigration by
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As an EU, EEA or Swiss citizen, you and your family are able to apply for ‘settled’ or ‘pre-settled’ status under the EU Settlement Scheme or for permanent residence card under the EEA Regulations 2016. In addition, the EU nationals’ family members, can also apply for a 5 years residence card under the EEA Regulations 2016.

Please note that the EEA list of countries includes Iceland, Liechtenstein and Norway.

Applying for ‘Settled’ and ‘Pre-settled’ status under the EU Settlement Scheme

If you have lived in the UK for a continuous 5 years period by 31 December 2020 (or by the date that the UK leaves the EU without a deal), you are able to apply for the ‘settled’ status under the EU Settlement Scheme.

However, if you have not resided in the UK for a continuous 5 years, you can apply for the ‘pre-settled’ status under the EU Settlement Scheme. Please note that you must have started living in the UK by 31 December 2020 (or by the date the UK leaves the EU without a deal). You will then be able to lodge an application for ‘settled’ status once you have reached 5 years’ continuous residence in the UK.

Applying for a permanent residence card under the EEA Regulations 2016

The EU citizens and their family members are able to apply for a permanent residence card once they have resided in the UK for a continuous 5 years period. However, they also must be a ‘qualified person’ throughout the 5 years.

What is the ‘qualified person’?

A ‘qualified person’ is the citizen who is in the UK as a worker, student, self-employed, self-sufficient, or a job-seeker (only if they meet certain conditions).

Please note that if you would like to apply for a ‘settled’ or ‘pre-settled’ status under the EU Settlement Scheme, you do not have to exercise treaty rights in the UK.

Family members of the EU nationals

If the family members of an EU national would like to join his/her partner in the UK, there are 2 separate routes:

  • The EEA family permit
  • The EU Settlement Scheme family permit

 

Under the EU Settlement Scheme family permit, the applicant must be a ‘close’ family member of an EU national and who has been issued with ‘settled’ or ‘pre-settled’ status. A ‘close’ family member can be defined as a spouse, civil partner, dependent child or dependent parent.

However, if you are an extended family member of an EU national, you should apply for an EEA family permit.

What is a ‘direct’ family member of an EEA citizen?

Under regulation 7(1) (a), (b) and (c) of the EU Regulations 2016, a ‘direct’ family member of an EEA citizen can be considered as:

  • Spouse or civil partner;
  • Direct descendants of the EEA national or their spouse or civil partner who are:

1) under the age of 21;

2) dependants of the EEA national or their spouse or civil partner

  • Dependent direct relatives in the ascending line of the EEA national or their spouse or civil partner.

 

What is an ‘extended’ family member of an EEA national?

Regulation 8 defines an ‘extended’ family member as a person who is not a family member of an EEA national under regulation 7(1) (a), (b) or (c) and who is either:

  • A relative of an EEA national who is residing in a country other than the UK and is dependent on the EEA national;
  • Is a member of their household and either:

1) is accompanying the EEA national to the UK or wishes to join them

2) has joined them in the UK and continues to be dependent on them or to be a  member of their household

  • A relative of an EEA national who strictly requires the personal care of the EEA national due to serious health grounds;
  • A relative of an EEA national who would meet the requirements of the Immigration Rules for indefinite leave to remain (other than those relating to entry clearance) as a dependent relative of an EEA national as if the EEA national was a person present and settled in the UK;

 

The partner (other than a civil partner) of an EEA national who can prove they are in a durable relationship with the EEA national, is also deemed an ‘extended’ family member.

Please note that the term ‘relative’ includes brothers, sisters, aunts, uncles, cousins, nieces, nephews etc.

How can we help you?

As part of our service, we conduct a thorough assessment of the company and the candidate’s eligibility under the EU immigration and our assistance includes but are not limited to the following:

  • Accurate advice in connection with the application process, submission and the documentation required;
  • Comprehensive guidance concerning compliance with the EU Settlement Scheme and the EEA Regulations 2016;
  • Assistance with the document checking service;
  • Detailed advice regarding the process, the evidence required for family permit;
  • Preparation and submission of the application bundle on behalf of the application;
  • Assistance with miscellaneous immigration concerns.

 

Contact Our Immigration Team

For expert advice regarding any aspect of the EU immigration, 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.