European Nationals and EEA Law
If you are a citizen of a country in the European Union then you can enter and remain in the UK as an EEA citizen in certain circumstances.
Understanding EEA law can be difficult, with differing ways in which you can maintain your stay in the UK under EEA Regulations. The applications can be complex, the requirements strict and the evidence you need to supply can be extensive. At Bright Legal Solicitors, we are experts in immigration services, policies and procedures and this experience allows us to provide the best support to everyone seeking to understand and make EEA based applications.
Family members, EEA national and non-EEA national, can accompany, or join and reside with an EEA national who has a right to reside in the UK.
Family members can include:
- Spouses and civil partners
- Partner in a durable relationship, normally with two years cohabitation
- Children under 21 or dependent children
- Grandchildren under 21 or dependent grandchildren
- Dependent parent
- Dependent grandparents
- Any other dependent relative
In some cases you will have to apply for an entry or residence document in order to reside in the UK. Our immigration specialists can advise you on whether you are eligible to enter or remain in the UK as a family member of an EEA national.
Rights of Residence
Initial Right of Residence
EEA citizens and their family members can travel to the UK and stay here for up to three months
Extended Right of Residence
EEA citizens and their family members can remain in the UK as long as they continue to ‘exercise Treaty rights’ in the UK. You can exercise Treaty rights in five ways:
- As a worker
- Job seeker
There are different requirements for each method of exercising Treaty rights; these can often be extensive and strict. Bright Legal Solicitors will guide you through the process and explain how you can meet these requirements.
EEA citizens and their family members automatically acquire a permanent right of residence in the UK after five years continuous residence exercising Treaty rights.
A permanent resident will have the status unconditionally. Your stay in the UK will not depend on whether you are exercising Treaty rights or not. An EEA citizen can apply for a Document certifying Permanent Residence and the non-EEA family member, a Permanent Residence Card.
Evidencing Permanent Residence is not straightforward, we can give your application for a Residence Card the greatest chance of success by guiding you through the process and highlighting what evidence should be provided.
Retained Rights of Residence
In some circumstances, family members of EEA citizens might acquire independent rights of residence in the UK where they have lost the family connection to the EEA national through death, divorce or the EEA national leaving the UK.
To determine if you are eligible to apply for retained rights of residence in these circumstances please contact Bright Legal to book a consultation.
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