Aristone Solicitors would be delighted to provide you with a free introductory consultation to discuss your EEA Family Permit visa application.
Under the terms of the Immigration (European Economic Area) Regulations 2006, European Economic Area and Swiss nationals have the right to request permission to live and work in the United Kingdom on a permanent basis with their dependants. If a non-EEA family member wishes to join an EEA sponsor, they should apply for a Family Permit which allows a maximum of six months’ residency. If the applicant is currently in the United Kingdom, they can apply for a residence card which is valid for five years. At the end of the five-year period, they will have the opportunity to apply for Permanent Residence.
Official immigration text specifies the individuals that may qualify for UK entry/residency under these regulations, which are as follows:
- Your spouse or civil partner;
- Unmarried partner if you are in a “Durable relationship”;
- Other Family
members:
- Children or grandchildren or both you and your spouse or civil partner, if under 21 years of age;
- Grandparents of both you and your spouse or civil partner.
Application Requirements:
Your Spouse or Civil Partner
If you intend to bring your non-EEA spouse or civil partner into the UK to join you, they must submit an application for a Family Permit. This is assuming that the applicant is currently residing overseas. Upon gaining entry to the UK with a Family Permit, the individual may then submit an application for a residence card.
Qualification is dependent on the sponsor’s ability to provide evidence of their legal residency in the UK, their formalised marriage/civil partnership with the applicant and details of their employment. The initial period of leave to remain in the UK may also be conditional, requiring that the non-EEA national stays with their EEA partner for the duration.
Aristone Solicitors can provide the support you need to carefully evaluate your options and submit a complete and accurate application. If your application is successful, you will receive a residence card valid for a period of five years, after which you can apply for Permanent Residence in the UK.
Unmarried Partner if in a “Durable relationship”
If a couple is able to provide evidence of their ‘durable’ relationship, the non-EEA family member may also be able to apply for a family permit. Once again, a residency card can then be applied for which is normally valid for five years, after which Permanent Residency can be sought. Despite the relative vagueness of the term, UK immigration legislation regarding ‘durable relationships’ isn’t as restrictive as the rules for general unmarried partners. For example, there is no requirement to have been cohabiting for minimum of two years to qualify.
Nevertheless, the rules remain relatively complex and may be subject to the conclusions of the individual handling your case. It is therefore important to carry out detailed analysis of both your current situation and the extent to which you can provide evidence of your durable relationship. Organise an obligation-free consultation with Aristone Solicitors and we’ll help determine the best course of action for your visa application.
Other Family Members
If you and your spouse have children or grandchildren under the age of 21, parents, grandparents or direct family members of any kind living abroad, they may be able to join you in the UK with a Family Permit. In order to qualify, each of the non-EEA family members applying should be able to demonstrate their financial and emotional dependence on the individual or individuals currently residing in the UK.
Along with direct family members, the non-EEA applicants may also be the niece, nephew, cousin, aunt, uncle, brother or sister of the UK resident. Again, eligibility is determined by way of the applicant’s ability to provide evidence of their emotional and financial dependence, or the physical or psychological health issues that demand the care of their UK-based family.
EEA Family Permit Law Firms in Luton
The complexities of obtaining an EEA Family Permit visa should not be underestimated. Even if your case appears relatively straightforward, intricate terms and conditions must be taken into account to ensure your application’s success. What’s more, there may be alternative entry permits and visas that are more appropriate for your situation.
In order to gain a better understanding of the options available, book your obligation-free consultation with one of our experts today. Aristone Solicitors specialises in all aspects of family immigration law, working hard to simplify even the most complex cases. Call today to discuss your requirements in more detail.
