DBS Law Ltd

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EEA nationals and their family members

EEA National

If you are an EEA national exercising Treaty Rights in the UK, you do not need to formally apply for a document to evidence your stay in the UK. However, you are able to apply for a document if you choose to do so. DBS Law can assist you with this.

Family Member of an EEA National

If you are a family member of an EEA national then you may be able to apply to join your family or partner in the UK. Family members include a spouse and children under 21, and any other family members who are part of the same household and remain dependent upon the EU citizen. People who are able to demonstrate they have been living in a relationship akin to marriage with an EU citizen for the most recent two years may be eligible to apply for an EEA Family Permit on this basis.

You can apply to the British High Commission for a family permit and you will usually be granted a 6 month visa. Once you have arrived in the UK you will need to make an application to the Home Office to be granted an EEA Family Permit.

Even if you are in the UK unlawfully, if you are a family member of an EEA National, you will be able to apply for an EEA Family permit.

DBS Law can assist you with this and advise you of whether you or your family members meet the requirements of the EEA Regulations.

Permit holder rights

An EEA Permit gives you the right to live and work in the UK without any restrictions for the duration of the Permit.

After 5 years continuous residence in the UK as a family member of an EEA National you will be eligible to apply for permanent residence in the UK by making an application to the Home Office. 

Retaining Rights of Residence

If the relationship between the EEA and the non-EEA national spouse breaks down, it may still be possible for the non-EEA national to apply for a 'retained right of residence' so long as he/she can show that they were married for three years and lived in the UK for at least one year. Divorce proceedings must be initiated to benefit from this option.

This is an extremely complicated area of law and it can be quite daunting, however, DBS Law can help you through the processes and assist you with the application.

Permanent Residence

After 5 years continuous residence in the UK as an EEA National or a family member of an EEA National you will be eligible to apply for permanent residence in the UK by making an application to the Home Office. 

For further information on how we can assist you, please contact us on +44 (0)800 157 7051 or e-mail us at sejal@dbslaw.co.uk