EEA APPLICATION (European immigration)

The European Regulations are quite complex to navigate and can be confusing for applicant as each matter is different and should be taken on its own facts and circumstances. Applicants should meet the requirements along with documentary evidence laid down in the Regulations. EEA applications has different categories.

EEA Family Permit acts similarly to a visa valid for 6 months which gives the right to enter the UK and is further extendable by applying for a residence card. If you are a non-EEA national travelling to the UK to join your partner who is an EEA national and you are planning to stay in the UK for long term, you must apply for the permit before travelling. By failing to do so, you could be denied entry at the port and may experience major delays.

EU Settlement Scheme is for EU Citizen who want to stay in the UK permanently. This settlement scheme has been effective since March 2019. On success of your application you and your family will be granted either ‘pre-settled’ or ‘settled’ status which allows you and your family members to live continuously in the UK after 30 June 2021.

Settled Status will be granted to EU citizens who have completed 5 years continuous residence in the UK by the 30 June 2021. On grant of Settle Status, you will have the right to:

Stay in the UK for as long as you would like
Work in the UK
Apply for British citizenship
Enrol in Education or continue studying
Use the NHS
Access public funds such as benefits and pensions (if eligible).
Travel in and out of the UK

With Settled Status, you can bring close family members to join you in the UK after 31 December 2020. The eligibility criteria for this are

Your relationship with them began before 31 December 2020 AND
You are still in a relationship when they apply to join you

Pre-Settled Status is if you have not completed 5 years of continuous stay in the UK before the deadline (i.e. 30 June 2021) and you are not be eligible for Settled Status before the deadline for the EU Settlement Scheme. However, if you meet all the eligibility criteria, you’ll get Pre-Settled status if you apply any time before 30 June 2021. You will then be eligible to apply for settled status once you have completed 5 years continuous residence.

Once granted with Pre-Settled status, you will be able to:

Work in the UK
Enrol in education or continue studying
Use the NHS
Access to public fund such as pension and benefits (if eligible).
Travel in and out of the UK

Children born after Pre-settled status is obtained, will automatically be eligible for Pre-Settled status.

Other categories of EEA immigration for which you can apply according to your eligibility are

EEA Family Permit: after living in another EEA country with an eligible family member who is a British citizen (this is known as making a Surinder Singh application).

Residence Card: as the family member of an EEA national.

Registration Certificate: you need this to confirm your residence status in the UK as an extended family member of a ‘qualified’ EEA national.

Derivative Residence Card: for the primary carer of someone who has the right to live in the UK or the primary carer’s child.

Retained Residence Card: as the family member of an EEA national who has died or from whom you have divorced.

If you are a Family member from outside the EU and in a relationship with an EU citizen as their spouse, civil partner, or unmarried partner (you will need a residence card to prove your relationship if you are unmarried partners).

If you have pre settled status in the UK and would like your family members to come and join you, please contact Mamoon Solicitors so that we can give you expert advice and assist with your application as an EEA national or as the family member of an EEA national.

Cost of Application

There are no fees payable to the Home Office provided you are related to the EU citizen, their spouse or unmarried partner as their:

Dependent child over the age of 21
Child grandchild or great-grandchild under 21 years old
Dependant relative with a residence card to prove your relationship

If your Application has been refused in past:

We understand the frustration and anxiety upon receiving a rejection of your visa application and you want to proceed further we are more than happy to guide you through your options when deciding whether to appeal against a decision or to make a fresh application. We have extensive experience in assisting both EU nationals and their family members in making applications under the regulations.

For specialist advice on this category and how it applies to your individual circumstances, please contact us for appointment contact us on 0161 465 1814 or complete our enquiry form and we will contact you.