Guidance on applications from an extended family member of a european economic area eea or swiss national. European union eu free movement law and related agreements currently give nationals from european economic area eea countries and switzerland, and certain of their family members, the right to enter and reside in the uk subject to certain conditions and limitations. My partner would like now to apply for a eea family permit and later on for a eea residence card. A recent development in case law has permitted parents of eu citizen children to benefit from their. If you are an unmarried partner of an eea citizen, you can qualify as an extended family. Start a free trial now to save yourself time and money.
Distant family members related to the eea national or to his or her spousecivil partner who can prove they are dependent. Application for an eea family permit as an extended family member documents required. Rights of residence of eea nationals and their family members. Use this form if you are the extended family member such as brother, sister, aunt, uncle, nephew, niece, cousin or unmarried partner of an eea national who is exercising treaty rights in the uk and you wish to apply for a registration certificate if youre an eea national or residence card if youre a noneea national. If you think you are eligible for the eea family permit route to the uk, book an appointment with one of our attorneys at the smartmove2uk a unit of smartmove immigration for starttofinish hand holding on your entire eea migration process. Eeafm application for a registration certiicate or.
Residence card as extended family member of an eea national. You also have the option of applying for the lr however using the eea residence as part of the lr is discretionary by the ho. Application for an eea family permit as an extended family. Eea or swiss nationals exercising treaty rights in the uk can apply for a residence card on this form. Extended family members is defined in regulation 8 as meaning. The processing times will vary depending on where the application for an eea family permit is submitted. Because the home office does not have guidance on this question and there. Page 4 of 33 published for home office staff on 27 march 2019 about this guidance this guidance tells you how to consider an application from an extended family member of a european economic area eea or swiss national for a document to. The extended family member must have come to the uk at the same time as the eea national or just before or very recently thereafter. Employers must complete the eea2 and the eea4 forms and submit them together to the department of labour. If you read the legislation and caseworkers guidance, you will realise there is a 4 stage process on issuing a residence card to extended family member. In my previous videos, ive explained the very important difference between direct and extended family members and also clarified the rules for all direct family members and explained the necessary conditions for categories 1,2 and 3 on the.
Case law has developed further protection for circumstances where the union citizen leave the uk leaving behind their family with children at a school in the uk. Extended family members of eea citizens are considered unmarried partners in a similar situation to civil partnership or marriage, or a relative not mentioned under the direct family member list. Use this stepbystep instruction to fill out the form eea2 application swiftly and with perfect accuracy. That your family member, or extended family member was a permanent resident or qualified person at the time your family. The extended family member must have established hisher dependency on the relevant eea national in the country from which the noneea national moved to the uk. Instruct us to open your case because we have helped. If your extended family member is refused a residency document, you or they are advised to seek legal advice. Article 32 of the free movement directive provides for member states to facilitate entry and residence, in accordance with their national legislation, for.
If you require further guidance, as it relates to you and your wife, you may contact us at. Please find below a list of the documents required for your application. Refusal of an application for residence card as an extended family member attracts right of appeal to the first tier tribunal in the uk. It is possible to apply for permanent residence as person who has retained the right of residence if you can show that you have lived in the uk for 5 years in accordance with the eea regulations preferred mode of.
How do i extend my wifes eea fp family member visa. Eea family permit complete guide on how to apply online. Feb 16, 2011 you can apply for a residence card using application form eea2, however please note that residence cards are not immediately available to all family members. My appeal against ho as an extended family member of an eu citizen my sister is an austrian citizen has been allowed by first tier tribunal judge on 23 may 2016 under the immigration eea rules 2006. Form for an extended family member efm of an eea or swiss national to apply for a registration certificate or residence card. This guidance tells you how to consider an application from an extended family member of a european economic area eea or swiss national. It gives the holder the right to enter the uk and is valid for 6 months. Jan 30, 2015 application for a registration certificate or residence card as the family member of an eea or swiss national. Family members who are not themselves nationals of an eea country or switzerland, and who are in the uk with a national of bulgaria, the czech republic, estonia, hungary, latvia, lithuania. Exclusion and expulsion of eea nationals and their family members. Eea extended family member visa requirements use this section for queries concerning applications on any of the eea series of forms, and also for applications for eea family permits. Expired eea family permit for extended family members. Fill form eea2 application, download blank or editable online. I lived together with my cousin, her partner and her daughter.
If you do not pay the fee, your application will be invalid and returned to you without consideration. Jun, 2019 fill form eea2 application, download blank or editable online. The above options are not exhaustive as we treat every clients case individually. Apply for the eea family permit if youre a close or extended family member of an eea or swiss national. If no original is available, photocopied documents must be a stamped certified true copy of the original. Read this before watching this video october 2019 update my dearest friends. If an eea or swiss national is exercising their right to come to the uk, or is in the uk, as a qualified person and they have a direct family member who is a noneea national, that family member has the automatic right of residence in the uk. Eu residence rights self sufficiency free movement. Eea2 extended family member residence card refusal use this section for queries concerning applications on any of the eea series of forms, and also for applications for eea family permits. Apply for a registration certificate or residence card for.
Apply for a registration certificate or residence card for an. Sep 27, 2016 loss of appeal rights for extended family members the case of salaefms. Check if youre eligible and apply for the eea family permit. Dec 11, 2015 now the gentleman i spoke to said since it was an eea2, when i get the acknowledgement letter i think meaning the coa, i will be allowed to work and live i questioned him and asked even though im only a partner and not a family member and am applying as an extended family member. You must apply for a residence card if youre the extended family member of an eea national and want to stay in the uk after your eea family permit has expired. Extended family member form eea efm application regulation 8 defines extended family members as. They have to show they are completely dependent on the eea national to get eea family permit. On the day the uk was set to leave the eu, 29 march 2019, the home office has published updated guidance in relation to the extended family. Form for a family member of an eea or swiss national in the uk to apply for a registration certificate or residence card. Alternatively if you are a member of their household or have a serious health condition therefor rely on them to care for you, you can also qualify. Guidance extended family members of eea nationals guidance on applications from an extended family member of a european economic area eea or swiss national.
Form set m is the application form for uk settlement indefinite leave to remain for the husband, wife, civil partner, unmarried partner or samesex partner of a british citizen or settled person. Eeafm application for a registration certificate or residence card as the family member of a. Signnows webbased software is specially created to simplify the organization of workflow and enhance the entire process of qualified document management. Residence rights of family members of eea nationals are protected in case of death of the union citizen or divorce.
You should also read the guidance notes for detailed information on what to. Dec, 2019 fill form eea2 application, download blank or editable online. Youre an extended family member of the relevant eea national if you. The most secure digital platform to get legally binding, electronically signed documents in just a few seconds. You can be a close or extended family member for example a brother, sister, aunt, uncle, cousin, nephew or niece. Apply for an eea family permit taking the complexity out. Apply for a registration certificate or residence card for a family. It should be noted that the home office will only accept original documents.
Eea family permit refused for motherinlaw next steps. I have faced the first tier tribunal court hearing without a representative and i have received a 5050 court decision. Use this application form if you wish to apply for a registration certificate if youre an. If you are an eea national or a family member of an eea. Extended family members of eea nationals in the uk 1 of 4. An application for residence card as an extended family member of an eea national is usually made from inside the uk and can be made from outside the uk as well only in few cases. See the payment guidance notes, enclosed with this application for further information.
Right of appeal 2016 ukut 00411 iac tuesday, september 27, 2016 by sarah jack a european national who is exercising treaty rights in the united kingdom, or who has the right of permanent residence in the united kingdom, is entitled to have hisher family members. I urgently need your help, i sent my eea2 application for a residence card in december under extended family member who is my cousin and lived together in holland before relocating with her and her family to uk, and she is exercising her treaty right till date. If you are an eea national or a family member of an eea national, residing in the uk, visit this free. Residence card as extended family member of an eea. A dependent family member may apply for an eea family permit if they are dependent on the eea national or the eea nationals spouse. Aug 20, 2019 fill form eea2 application, download blank or editable online. What will happen to eea nationals and family members. Partners who can demonstrate a form of durable relationship with the eea national without it being a civil partnership. The immigration european economic area regulations define a family member a spouse, civil partner or a direct dependant relative of either eea national or herhis spouse, a child or parent and impose an obligation that an eea family permit issued under this regulation must be issued free of charge and as soon as possible regulation 126 of the regulations. The eu nationals and their family members have right to live and work in the uk as long the eu national is exercising treaty rights in the uk and is a qualified person as envisaged under the. There is a statutory right of appeal against the refusal of an application for eea family permit and the appeal is decided by the first tier tribunal. Eea family permit direct family member meaning the. Eea2 application form fill out and sign printable pdf.
Currently have temporary permission to remain in the uk as the husband, wife, civil. Extended family members should apply for an eea family permit from outside the. Any further reference on this form to eea nationals includes swiss nationals. Spouse is family member according with regulation 71a of the immigration eea regulations 2016. Eea2 extended family member residence card refusal. Upon entry in the uk, the noneea national member can apply for residence card from inside the uk and the residence card will be issued for a period of 5 years. If they get a family permit as an extended family members theyll have to wait without working until they can apply for a residence card via eea2. Extended family members of eea nationals, comparing 2 and 3. Original passport or identity card of the eea national. C8311 secretary of state for the home department v muhammad sazzadur rahman and othersrahman removes any requirement that a person must have resided in a country other than the uk with the eea national of whom they claim to be an extended family member. The eu law will continue to be applicable to all eu nationals until brexit from the eu becomes effective as a result of the article 50 which has already.
Form for a family member of an eea or swiss national in the uk to apply for a. Eea nationals and family members duncan lewis solicitors. These family members are known as extended family members. Further information is outlined in the home offices eea family permit guidance. Fill out, securely sign, print or email your form eea2 application instantly with signnow. Residence card as an extended family member of an eea national is usually issued for 5 years and an application for permanent residence card can be made after 5 years if the eea national has been exercising treaty rights in the uk during these 5 years. One of the qualifying criterias of an extended family member is proving that they are members of my household, is a family status certificate enough to prove that. Aug 08, 2019 fill form eea2 application, download blank or editable online. This form contains the format for employment equity reporting by. Sign, fax and printable from pc, ipad, tablet or mobile with pdffiller instantly no software.
The way to complete the online eea2 application form on the internet. Oct 05, 2016 the policy guidance, extended family members of european economic area eea nationals v3. Apply for a permit to join your eu or eea family member in. I am spouse and therefore i am family member of a citizen of the eu. Perform a payroll web update which will upgrade your systems with the new. Oct 08, 2019 an application for residence card as a non eea family member of an eea national is made from inside the uk by completing application form eea2. Other eligible relatives extended family members such as brothers, sisters and cousins do not have an automatic right to live in the uk. The requirements for uk settlement using form set m are. This practice note looks at eu and domestic case law on the circumstances where european economic area eea nationals and their family members may be excluded from entry or expelled from the uk. Eea, swiss nationals and ec association agreements immigration staff guidance.
As you were given rc as an extended family member your 5 years started from the time of the issue of the rc card. Office hours mon friday refusal of an application for residence card as an extended family member attracts right of appeal to the first tier tribunal in the uk. This is consistent with the wording of article 32 of the directive, which states that the person must be a dependant of the eea national in the country from which they have come. The latter list includes siblings, uncles, aunts, cousins, nieces, and nephews. Please do not hesitate to book a phone, skype or office consultation with us for a professional immigration advice and possible further representation before the uk border agency or the first tier or upper tier tribunal immigration and asylum chamber fttutt iac. Extended family members of eea nationals richmond chambers. There is a statutory right of appeal against the refusal of an application for eea family permit and the appeal is. To qualify as an extended family member you must show that you are dependent on the eea citizen.
Eea fm family member visa this type of visa is for those family members who are related to a european national. Application for a registration certificate or residence card. Apply for a registration certificate or residence card for a. Family members of eea nationals international students. Equity eea2 and eea4 reports submitted in october 2006 must use the new layout specified by the regulations. Mar 29, 2019 guidance extended family members of eea nationals guidance on applications from an extended family member of a european economic area eea or swiss national. Immigration european economic area regulations 2006 wikipedia. Officer is not entitled to consider my application under regulation 82, it is about extended family member. Oct 28, 2015 current home office guidance also states that unless a family member holds a qualifying eea state residence card issued in germany or estonia, noneea family members of an eea national seeking entry into the uk must apply for an eea family permit if they do not have a residence card or permanent residence card. This notice provides guidance on the new the current forms eea1, eea2, eea3, eea4 and drf1 will be. The report should cover a twelve month period, except for first time reporting where this may not be possible and the months covered should be consistent from year to year for the duration of the plan. Rights of residence of eea nationals and their family members overview. Eea nationals and their family members, application forms.