EEA Residence Card Application
you originate from outside the European Economic Area and Switzerland and you
have an EEA family member who resides legally in the United Kingdom, you may
qualify for an EEA Residence Card in accordance with the Immigration (European
Economic Area) Regulations 2006.
Residence Card is a formal document confirming your right to reside legally in
the respective country under EEA law. The document will typically be issued as
an additional form of ID to be presented where required alongside your
passport, usually as a Biometric Residence Permit (BRP). Most Residence Cards
are valid for five years of legal residency in the United Kingdom, dependent on
your EEA family member remaining in the UK for the duration.
accordance with European Regulations 2006, the Home Office is legally obliged
to consider every application and return a decision no later than six months
from the date of receipt.
EEA national residing in the United Kingdom must be exercising their treaty
rights in order to be considered a qualified individual. Immigration
legislation specifies that they must be:
- working; or
- self-sufficient; or
- self-employed with sufficient evidence of income and National Insurance/tax contributions; or
- a jobseeker for no more than six months; or
- a student with comprehensive health insurance.
of the above categories is explained in more detail in the official text of the
European Regulations 2006, as summarised below:
If the EEA national is employed, they have the right to enjoy free movement in
the United Kingdom as a qualified individual. They may be employed on a
part-time or full-time basis, by way of a formal contract with an employer.
They must be able to provide evidence of sufficient income to support their
spouse and their family (where applicable) without the need to claim benefits.
the individual is rendered unemployed temporarily, they may continue to be
classified as a worker under regulation 6(2) if:
- Their temporary unemployment is the result of an accident or illness;
- They’ve been terminated involuntarily and entered into vocational training;
- They have stopped working voluntarily and entered into a training of relevance to their previous position.
- Self-Sufficient Person. Immigration law specifies that an EEA
national qualifies as Self-sufficient if:
- They can provide sufficient evidence of a high enough income or savings to support their spouse and any other family members where applicable, without having to claim benefits, and
- They have comprehensive health insurance to cover their own requirements and those of their family members where applicable.
- They are retired and receive sufficient income by way of pension payments or savings to cover their living costs and those of their family members.
- They work for a registered charitable organisation and can provide evidence of sufficient income or savings to cover their living costs.
- Self-Employed Person. In order to be recognised as a self-employed
individual in accordance with EEA immigration law, the worker must be
registered for National Insurance and income tax contributions with HMRC. They
must also be able to provide evidence of both their employment status and their
income, typically through the provision of tax returns, business accounts,
invoices, bank statements, formal letters from accountants and so on.
6(3) of the European Regulations 2006 states that in the event a self-employed
EEA national is rendered unable to work on a temporary basis due to an accident
or injury, they are still formally considered a self-employed person.
Regulation 6(4) of the Immigration (EEA) Regulations 2006 stipulates that to
qualify for jobseeker status, the EEA national must provide evidence that they
are proactively and continuously seeking employment and have a reasonable chance of successfully gaining employment. Additional
criteria that may allow an individual to qualify for official jobseeker status
include the following:
- The EEA national was
employed for a minimum of 12 consecutive months before becoming unemployed and
registering as a jobseeker;
- The individual has not
yet spent more than six months unemployed as a jobseeker; or
- They can provide
sufficient evidence to verify their efforts to secure employment and have a
strong chance of getting a job in the UK.
- Student. Qualifying for student status means providing
evidence of having registered with a recognised training provider/educational
institution in the UK, the financial means to support all applicable living
expenses for the duration of the programme and comprehensive health insurance.
a Residence Card Application Rejection
card applications may be rejected due to the incomplete provision of
information, insufficient supportive documentation or simple human errors on
one or both sides. Hence, it’s important that you exercise your right to repeal
against a rejection of your application, if unsuccessful.
refusal letter you receive will specify the reasons for your application’s
rejection, after which you will have 10 working days to lodge your appeal (five
days if you’re being held in detention). Your case will then be passed to an
immigration judge at the Immigration and Asylum chamber (IAC) First Tier
Tribunal, where it will be reconsidered in conjunction with your arguments
against its rejection.
EEA Residence Card Lawyers in Luton
quality and completeness of your application will have a significant impact on your
likelihood of qualifying for a Residence Card. Rather than taking chances on
such an important issue, we strongly suggest seeking qualified legal support
from the earliest possible stage.
planning ahead or in the midst of a complex individual immigration issue,
Aristone Solicitors can provide the expert assistance you need to streamline
your application. Call today to book your obligation-free consultation with one
of our experts.