European Nationals (EEA)
If you are a member of the EEA or Switzerland, our team of experienced immigration lawyer are ready to provide you with assistance regarding Permanent Residence, EEA Residence Card, EEA Registration Certificate, EEA Family Permit, the effects of Brexit on UK’s EEA legislation.
Our immigration lawyers are experienced and are accomplished at helping migrants acquire their desired status. We can help you apply for residence in the UK, EEA Family Permit, and other related documents.
- Work around your schedule regardless of how busy you are
- Communicate with you in person, via Skype, through email or on phone to handle your case.
- Assist you to evaluate your eligibility for an EEA Family Permit, Permanent Residence, EEA Residence Card, EEA Registration Certificate. We will take you through all the options available.
- Help you properly fill out and submit your application.
- Ensure you have all the needed documentary evidence for your application
- Prepare a cover letter to accompany your application and the supporting documents.
- Communicate with the Home office through the application process.
- Explain to you the implication of the decision made on your application, and advise you on what to do next.
- Our dedicated immigration lawyers will help with all your immigration needs.
Contact us today.
Derivative rights of residence
You can apply for Derivative of residence if you are the primary carer of a British citizen child or dependent adult, where requiring the primary carer to leave the UK would force that British citizen to leave the European Economic Area (EEA).
Derivative Residence Card
You don’t necessarily need a derivative residence card if you’re living in the UK. However, the benefits of this card consist is:
- helping you re-enter the country quicker when you come back from abroad
- showing employers, you’re allowed to work in the UK
- showing relevant authorities (e.g. your local council) that you’re allowed to live in the UK
There will be no changes to the rights and status of an EU citizen living in the UK while the UK remains in the EU.
You are eligible for a derivative residence card if you are eligible to qualify you must be living in the UK and you’re one of the following:
- the primary carer of someone who has the right to live in the UK
- the primary carer’s child
- the child of a former worker from the European Economic Area (EEA) and you’re at school, college or university in the UK
Being a ‘primary carer’ means you’re someone’s main carer, or you share the responsibility with someone else at least equally, and you’re their direct relative or legal guardian.
Here are some of the categories where you can apply for derivative rights
- Expressed in the Chen cases this is where “The primary carer of an EEA national child who is exercising free movement rights in the UK as a self-sufficient person, where requiring the primary carer to leave the UK would prevent the EEA national child exercising those free movement rights”
- Expressed in Ibrahim and Teixeira cases where “The child of an EEA national worker or former worker where that child is in education in the UK. The primary carer of a child of an EEA national worker or former worker where that child is in education in the UK, and where requiring the primary carer to leave the UK would prevent the child from continuing their education in the UK”
Pros and Cons
- On the one hand, the benefit of this card is that you can continue living in the UK for as long as you’re eligible, for example for as long the person you’re caring for lives in the UK.
- On the other hand, you can’t count time spent in the UK with a derivative right of residence towards applying for permanent residence in the UK.
If you feel you or a family member falls under one of these categories contact us today. We will assess your situation and advise you on your chance of success.
Retained Rights of residence
A Person can apply for retained right of residence when an EEA national who was a qualified person or had a permanent residence died and you were the family member of that person before they died. Also, you must prove that you had resided in the United Kingdom in accordance with these Regulations for at least the year immediately before the death of the qualified person or the EEA national with a right of permanent residence.
- Are you a family member of an EEA National?
- Has your EEA national died?
- Have you lived together a year before their death?
- Have you been in a relationship and lived together for three years before divorce or separation?
- To check whether you qualify call us today
Extended family members
You are not an EEA direct family member if you are not a spouse, child or parent of an EEA National. You will therefore fall into the extended family member if you are related to the EEA National. To qualify you must show that you are dependent on the EEA National and that you are related to the EEA National.
- Are you related to the EEA National, such as Brother, sister, aunt, uncle, cousin, un married partner etc?
- Are you dependant on the EEA National?
Further requirements must also be met. To check your suitability please call us today?
You can apply for an EEA family permit or EEA Residence card under Surinder Singh provision without having to meet the minimum income threshold requirement which applies to British citizens and permanent residents sponsoring their foreign partner or spouse for a settlement visa under UK immigration rules. However, to meet this requirement you must show that your centre of your life has moved to the EEA member state. You must prove that the purpose of the residence in the EEA state was not a means of circumventing any immigration laws applying to non-EEA nationals.
- Are you British Citizen? And have you moved to An EEA Member state to live there permanently?
- Did you meet your spouse before moving to the EEA state or whilst residing in the EEA State?
- How long have you resided in the EEA state?
- Did your centre of your life move to the EEA State?
- Why did you decide to come back to the UK?
- What was your length of stay before moving to the UK?
These are some of the questions you must have answers to Qualify for Surinder Singh. Call us today and we will assess your situation.
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