EEA Nationals & Family Members

EEA Residence permit Application

EEA Residence permit Application

All EEA nationals and their non-EEA family members enjoy an initial 3 months right to
residence in the UK then only qualified persons and their family members have a right
to reside in the UK.
A qualified person is a person who is essentially economically active they could be:
Workers and jobseekers; Self-employed; Self-sufficient; Students; or Retired.
An application for Residence Permit will confirm that you have a right to live and work in
the UK and employers may require this as proof of your entitlement to work in the UK.
Time taken to process the application:
Considered and decided within 6 months from the date they are received by the Home
Office.
Family Members
If you are a family member of a European Economic Area or Switzerland national and
you are seeking to live with your family member in the UK, please contact the
immigration expert.
Non-EEA Family members
There are two categories of individuals that may benefit from the making EEA
applications to live in the UK with their EEA national family member, these are:
Immediate Family members:
• Spouses or Civil Partners:
• Children under the age of 21 or over 21 but financially dependent on their
parents or their partner
• Dependent parents and grandparents.
Extended family members:
• Members of the same household
• Other dependent relatives
• If you have been in a relationship and living with your partner for over 2 years
• Relative on serious health grounds requiring care

EEA Family permit Application:
All EEA nationals and Non-EEA family members have a right to enter or remain in the
UK. However, if you are a non-EEA national and you are seeking entry clearance to the
UK to remain with your partner who is an EEA National, you may be required to apply
for this visa from your country of origin.
The family permit will be valid for 6 months and can be switched into Residence Card
with validity of up to 5 years. Since the introduction of new EU Settlement scheme, the
applicant can get a Pre-Settled status which would be valid for unto 5 years and it gives
the holder the right to live and work in the UK.
If your relationship to your family member remains unchanged at the end of the 5 years,
you may be entitled to apply for a Settled Status in the UK.
Settled and Pre-settled status:
EU Citizens who have been residing and exercising their treaty rights in the UK
continuously for 5 years qualifies for Settled status under the Home Office EEA
Settlement Scheme.
However, EU Citizens who have been residing in the UK for less than 5 years could
stake a claim to settled status under the pre- settled status provisions.
The rights of those who find themselves in the UK post-Brexit but have been here for
less than 5 years to effectively apply to be recognised with the same rights as EU
citizens who can go on to acquiring 5 years’ continuous residence and obtain settled
status.
EEA permanent Residence/Settled Status application:
Permanent Residence/Settled Status is automatically acquired after five continuous
years of residence and exercising of treaty rights in the UK.
The right of permanent residence is much like Indefinite Leave to Remain and you will
not have any conditions on your stay in the UK.
Qualified person for 5 years –
Before an EU National becomes a permanent resident in the UK s/he must be a
qualified person, i.e an employee, self-employed, student, retired, or self-sufficient for at
least 5 years.
There are also potential difficulties with relying on public funds especially with the
current government policy. Having acquired a permanent residence and confirmed it by
the Home Office you can be more relaxed in sense of exercising Treaty rights and you
can rely on public funds should you need a help.

British Citizenship –
If you are planning to become a British citizen after obtaining documents confirming
your permanent residence you can do so only after 1 year to then naturalise as a British
citizen.
Non-EEA Family members
If your family members are third country nationals and they want to join you or remain
with you in the UK, you have to be a qualified person if you are in the country for more
than 3 months. If you have acquired and received confirmation of your permanent
residence and you are no longer a qualified person at that point, your family can still join
you or remain with you in the UK
Fiancé and unmarried partner
If you want to bring your fiancé to the UK and you have documents certifying permanent
residence you can use these documents when applying under UK Immigration law as a
person settled in the UK;
Removal and Deportation
In removal and deportation cases the decision maker will take into account whether a
person has acquired permanent residence in the UK. The Home Office can only deport
you on serious grounds of public policy or public security if you acquired permanent
residence.
British citizenship of children
If you want to register your child as a British citizen after your permanent residence/
settled status in the UK will assist your child!s British nationality application;
Get in touch with us now on 01206 489 077 or make an enquiry
online to get expert help.