Tuesday, 1 December 2009

EEA Family Permit

1 December 2009- Recently I have received a number of inquiries on the issuing of an EEA Family Permit and the related issues with this type of Visa for the United Kingdom.

So I think it would be useful to list some of the key points with this visa and explain a little more on the rules and procedures in place for this type of visa.

An EEA family permit is a form of entry clearance/Visa issued to the non-EEA (Non EU Citizen) natonal family members of an EEA national who is in or intends to move to the UK in order to be with their EEA national.

Key Points of EEA Family Permit

  • EEA Family Permits can be obtained from any British Embassy, High Commission or Consulate abroad
  • It is not necessary for an applicant to travel to his/her country of origin to apply.
  • EEA Family Permits are issued free of charge
  • EEA FAmily Permits are valid for six months from the date of issue and may be used for multiple entries
  • EEA Family Permit applications are given priority treatment by posts abroad.
  • Family members are defined as a spouse, civil partner, child under 21 or dependent children over 21.
Permanent Residence

An EEA national (and his/her family members) normally receive permanent residence after 5 years exercising treaty rights in the UK.

Treaty Rights

This refers to the Treaty that established the European Community. The rights apply to citizens of the European Economic Area and enable them to live and work in the United Kingdom provided they will be self-sufficient (not a burden on the social assistance system).

Family Permit Procedures

Under European Community Law, EEA Family Permits must be given priority and when assessing an EEA Family Permit the UKBA needs to be satisfied that applicants meet the following:

Applicants claiming to be Direct Family members need to show that they are related as claimed to the EEA National who is exercising treaty rights in the UK or who intends to do so. If they can show this they have a right to an EEA Family Permit unless they potentially could be excluded onthe grounds of public security or public health.

Criteria for non-EEA national family members:

  • Holds a valid passport
  • Has evidence that they are related as claimed e.g. marriage certificate or birth certificate
    AND also
  • the EEA National:
  • Is residing in the United Kingdom and the non-EEA national is joining them or
  • intends to travel to the UK within 6 months and will be joining or accompanying the EEA National
  • For dependent family members financial dependency is defined as a family member that needs the financial support of the EEA national or his/her spouse/civil partner. The applicant should be financially dependent on the EEA national

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