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09 Apr Who can qualify as a family member of an EEA national?

Posted on April 9, 2019 in EU Immigration by
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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.

 

Extended family members of EEA nationals

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.

 

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

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.