Vital Services and Consultancy Ltd
0044-1582-965-165

Applications To The Home Office, UKVI Under EU Law

Applications To The Home Office, UKVI Under EU Law

The UK is member state of the European Union and as such the nationals of other EU member states have right of free movement within the EU zone. The EU nationals and their family members have right to live and work in the UK as long the EU national is exercising treaty rights in the UK and is a qualified person as envisaged under the Immigration (European Economic Area) Regulations 2006 (EEA Regs). The various applications which can be made to the Home Office, UK Visas & Immigration by the EEA nationals and their family members are listed below:

EEA Family Permit

An application for EEA Family Permit is made to the British High Commission/Embassy/Consulate by non-EEA national family member of an EEA national from outside the UK. There is a statutory right of appeal against the refusal of an application for EEA family permit and the appeal is decided by the First Tier Tribunal in the UK. If an application for family permit or an appeal against the refusal of an application for family permit is successful, the entry clearance is issued for 6 months . Upon entry in the UK, the non-EEA national member can apply for residence card from inside the UK and the residence card will be issued for a period of 5 years.

Residence Card As Non-EEA  Family members  (EEA (FM))

An application for residence card as a Non EEA family member of an EEA national is made from inside the UK by completing application form EEA (FM). Such application can be made from inside the UK regardless of the immigration status of the applicant in the UK. The residence card is issued for 5 years and if the application for residence card is refused by the Home Office, you may be granted right of appeal against the refusal of your application. Making a fresh application instead of appeal is also an option available to the applicant whose application for residence card has been refused.

Residence Card as extended family member of an EEA national

The extended family members also known as other family members have been defined in regulation 8 of the Immigration (European Economic Area) Regulations 2006 (EEA Regs). An application for residence card as an extended family member of an EEA national is usually made from inside the UK and can be made from outside the UK as well only in few cases. Residence card as an extended family member of an EEA national is usually issued for 5 years and an application for permanent residence card can be made after 5 years if the EEA national has been exercising treaty rights in the UK during these 5 years. Refusal of an application for residence card as an extended family member does not attract to right of appeal under decision of the Upper Tribunal (IAC) in Sala [20160] UKUT 00411 promulgated on 19th September 2016.

Permanent Residence Card as Non-EEA national

A non-EEA national who has resided in the UK for 5 years in accordance with the Immigration (European Economic Area) Regulations 2006 (EEA Regs) is entitled to apply for permanent residence by completing EEA4 application form. If the application for permanent residence is refused, you can appeal to the First Tier Tribunal against the decision of the Home Office, UK Visas & Immigration.

Registration Certificate As an EEA national

Although it is not a requirement but if the EEA national wishes, he can apply for registration certificate as an EEA national which will be confirmation of his exercising treaty rights in the UK.

Permanent Residence As An EEA National

An EEA national who has exercised treaty rights in the UK for five years continuously can apply for permanent residence card. It is also possible to apply for naturalisation as a British Citizen directly if the EEA national can show that he has exercised treaty rights in the UK continuously for 5 years and has spent one more year in the UK after the said 5 years. If the application for permanent residence card as a an EEA national is refused, you will be given right of appeal for you to appeal to the First Tier Tribunal.

Talk with an immigration advisor now!




Call Me Back