EEA family visa allows the applicant to enter the United Kingdom as a family member of a citizen of a contracting state to European Economic Area. This visa is issued for a short period of time for visits or to enable the holder to take up residence in the UK. As the visa is valid for six months an applicant wants to enter the UK after that period require applying for a new one. Any person of an EU country as per EU right is entitled to bring their family with them. Family along with a spouse, children under 21 years and other family members who are part of the same household remain dependent upon the EU citizen.
The following family members can apply for EEA family visa under the 2016 regulations:
- Direct family members including spouses and civil partners;
- Direct descendants of EEA national or their spouse or civil partner who are under 21 years;
- Extended family members including relatives who are not direct family members or unmarried partners in a durable relationship;
- Direct family members of British citizens who claims a right of admission to the UK under regulation;
- An individual who is entitled to a derivative right of residence under regulation 16.
How to qualify for EEA family visa
EEA Family Visa expects you to give specified evidence as set out by The Immigration Regulations 2016. All non-EU individuals from the family accompanying the EU resident to the UK can apply for an EEA Family Visa license.
Non-EU relatives’ entitlement to stay in the UK are reliant on the EU relative proceeding to practice Treaty Rights in the UK, for instance in work, in business, or by being financially independent. Inside the initial a half year of appearance in the UK, the EU National is encouraged to apply to the Home Office for an EU Family Visa Residence Permit, and all non-EU relatives should apply simultaneously for five-year resident stamps to be put in their identifications.
Evidences required for the EEA Family Visa
While applying for an EEA Family Visa, the specified confirmations required by The Immigration (European Economic Area) Regulations 2016 must be given. Both the EEA sponsor and their relatives entering the UK on the EEA Family Visa must satisfied the UK Home Office that fulfil the prerequisites. Once more, with any EEA Family Visa applications, the confirmations required would be reliable on case by case and coming up next are a portion of the confirmations required:
- A valid passport for candidate.
- A valid passport or EEA national character (ID) card for the EEA national sponsor.
- Proof of the relationship within the family member and their sponsor.
Getting the right legal advice is important for your EEA Family Visa application and at ICS Legal, we conduct a number of these applications. Following Brexit, the EEA Family Visa applications are taking longer. You can email our team on firstname.lastname@example.org, complete our contact form by clicking here or call us on 0207 237 3388 between the hours of Monday to Friday 9am to 6pm. Our “independent reviews” on Free index provides you with the reassurance that we can assist on all immigration based applications and you can click here to read our independent reviews.
The individuals, who are applying for an EEA Family Visa as an immediate relative, should be looking to give some of the listed proof below:
- Proof of the relationship to the EEA national – instances of this would include marriage endorsements, birth certificates or adoption certificates.
- Proof, either as an EEA national character card or EEA passport that the sponsor is an EEA national.
- Proof that the EEA national is either: living in the UK as per the 2016 guidelines as a certified individual.
- The proof required in such cases would rely upon the premise that they are guaranteeing they are a qualified individual.
- For spouses and common accomplices applying under the EEA Family Visa, they should provide further confirmations to demonstrate their relationship is certified. Instances of this incorporate proof of living together, for example, joint tenancy or mortgage agreements, utility bills, bank explanations.
- For dependent direct relatives (direct relatives age 21 or over and dependant relatives in the rising line) the following proof must be given: confirmation that they are reliant on the EEA national support or their companion or common accomplice, such as: bank or building society articulations, proof of cash moves and proof of living in a similar family if pertinent.
Abuse of rights under the EEA Family Visa
The UK office will require to check that the applicant applying under the EEA family visa is not doing of convenience. Guideline 26(1) characterizes abuse of a privilege to dwell as where an individual:
- Observes the prerequisites of the 2016 guidelines in conditions which don’t accomplish the motivation behind the guidelines;
- Expects to acquire a bit of leeway from the 2016 guidelines by taking part in lead which falsely makes the conditions required to fulfil the criteria set out in the guidelines.
Such abuse incorporates endeavouring to enter the UK inside a year of being evacuated under guideline 23(6)(a) of the 2016 guidelines. This applies where the individual endeavouring to do so can’t give proof that, upon re-emergence to the UK, the conditions for a privilege to live, other than the underlying right of home under guideline 13, will be met. Guideline 26(3) of the Regulations sets out that the Secretary of State may take an EEA choice on the grounds of abuse of rights where there are sensible grounds to associate the abuse with a privilege to dwell and it is proportionate to do as such.
Length of stay and right to work under the EEA Family Visa
The EEA Family Visa Residence permit is issued for up to five years. You will not find any sorts of work restrictions on the holders of the EEA Family Visa.
An application for confirmation of the right to permanently stay in the UK may be made by all family members, including the EU citizen, usually after five year’s residence in the UK, if the EU national has exercised Treaty rights throughout this period.