EU Nationals do not need to apply for a residence permit to prove that they can live in the UK.
Family members and Extended Family Members of EU Nationals that are not EU nationals and are from outside of the European Economic Area or Switzerland however do have to apply for a residence permit in order to live and work in the UK.
How does Brexit affect EU Nationals and their Family members?
With Brexit, family members or extended family member that already have a residence card for the UK it will not be valid after 31 December 2020.
There will however be no change to the rights and status of EU citizens currently living in the UK until 30 June 2021 if the UK leaves the EU with a Deal or 31 December 2020 if the UK leaves the EU without a deal.
EU Nationals and their family members can apply to the EU Settlement Scheme to continue living in the UK.
Legally if you are a family member (spouse or child) of an EEA or Swiss National you do not need to apply for a residence card however having an EEA family member residence card will allow you to;
- Re-enter the UK quickly and easily when you travel abroad
- Give you right to work in the UK
- Help prove your eligibility for certain public benefits and services.
Without a Family Member residence permit your immigration status and right to live and work in the UK will be questioned and the residence permit will be required.
Extended Family Members
Extended Family members (Unmarried partners of EEA National or any other relative of the EEA National or their spouse) must apply for a residence card.
For Extended family member applications, the applicant will be required to prove;
- dependency on the EEA National or that they form part of the EEA Nationals Household. This must be before and or after the applicant entered the UK.
- that they need personal care of the EEA National (or their spouse or Civil Partner) on serious health grounds.
Extended family members must have a valid Permit or residence card to reside in the UK.
Retained Right of Residence
This is for applicants that used to have a family member or extended family member residence permit during which the EEA National either held Permeant residence or where the EEA National was a qualifying person. Retained residency can be applied for in the following circumstances;
- Where marriage or civil partnership to EEA National has ended
- Where the EEA National has died and the applicant lived In the UK as their family member before their death
- Where the EEA National is in education and the applicant is the child of the EEA Citizen ( or their spouse) who has left the UK or died
- Where the child has retained right of residence because they are in education in the UK and the applicant has custody of the child.
Surinder Singh applications
A Surinder singh application is where a British national has lived in another EEA Country with the applicant before returning to the UK.
Your British family member must be your spouse, parent or child. Where the British National is the applicant’s parent, grandparent, child or grandchild, dependency must be shown. This can also be if the relationship is through the British Nationals spouse.
The British national and their family member must be able to prove that they set up a home as their main residence in the EEA country where they lived together, and this is where there centre of their life was.
Permanent Residence Card
This is for both EU nationals and their family members whether direct or extended.
The applicant can apply for permanent residence if they have lived in the UK for 5 years either as;
- EU National that has lived and worked in the UK for a consecutive period of 5 years
- The applicant has lived in the UK as a Family member or extended Family of the EU National that has worked and lived in the UK.
In some cases, you would be able to obtain permanent residence before 5 years if;
- The EEA national dies and immediately before their death they were working, or self-employed in the UK and the applicant is their family member (direct or extended)
- The EEA National has stopped working because of retirement, Incapacity or because they are working in another EEA State but are still resident of the UK and return to the UK as least once a week.
For an EEA application, contact our immigration solicitors in Ruislip, Middlesex.
We endeavour to provide with a professional tailor-made service catered to your background and circumstances, which is also cost effective. Call us on 020 8059 9969 or complete our online enquiry form.