European Economic Area family permit

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The European Economic Area family permit is a type of visa that is given to the family member of an EEA-national residing in the United Kingdom. Anyone lawfully resident in a European Economic Area coutry or Switzerland can obtain this visa for a family member, if both persons intend to settle in the UK. The document is referred to as a permit, rather than a visa. It is obtained from the UK embassy or consulate in the country in which the family member is living.

[edit] Background

Under European Union (EU) and EEA treaty law, the right to freedom of movement is given to European citzens. This is a basic freedom overriding national legislation. See Four Freedoms (European Union). The exact way of implementing this law in member states is however, a question for state by state regulation.

Because of this, "qualified persons" who maintain themselves and their family members without being a drain on the public purse, are permitted to move freely throughout the EEA / EU. Freedom of movement is called a "treaty right " and includes study, work, setting up a business or retirement. In order to facilitate this freedom of movement, EEA / EU migrants may bring certain family members with them when they move. The EEA family permit is the legal means by which the EEA principal may bring these family members into the UK. Similarly, it is the document required of family members joining an EEA national already in the UK.

[edit] Application

The application process is governed by the visa branch of the Foreign and Commonwealth Office, UK Visas. In order to apply for an EEA family permit, EEA principals must satisfy UK Visas, through the UK embassy in the country where the application is made, that they are citizens of an EEA country, or Switzerland. This means submission of the passport with the application.

The eligible family members of the EEA principal are listed on the website of the UK Home Office.[1] Most pertinently, these family members include spouses and dependent children. As of 2006, civil partners and couples in a durable relationship also fall under these regulations. The applicants must provide evidence of this relationship. For example, in the case of a married couple, a civil marriage certificate should be provided. Applications will be turned down if the marriage / partnership is deemed to be arranged for the sole purpose of immigration. In order to satisfy the person scrutinizing the application (called the Entry Clearance Officer) on this case, the applicants could provide evidence of the length of the relationship (for example, joint bills or evidence of cohabitation).

The applicants must also provide evidence that they will not become a drain on the public purse of the United Kingdom, on arrival there. Such evidence could consist of bank statements, a statement of employment and income for the EEA principal, or, in the case of retired couples, evidence that the applicants are in receipt of a pension. First Contact, a company advising Antipodeans moving to the UK on the two-year Working Holiday Visa, advises that a bank balance of £2,000 is sufficient to satisfy the Entry Clearance Officer [2]. One should remember that this is a guideline for one person, coming to the UK on a different visa.

As proof of identity, and because the EEA family permit takes the form of a stamp on passport of the family member (relative) of the EEA national, the relative must also supply their passport with the application.

Other relevant information about the application process is that it is governed by the Immigration Regulations 2006 [3], which is a transposition of the EU law into UK law. These regulations can be found on the web site of the Home Office. Most importantly, the whole application process is free, in contrast to some other visa services provided by the UKVisas. For the purposes of the Immigration Regulations, the EEA family permit is not regarded as a visa, rather it is a form of entry clearance.

One other crucial point to remember in the application process is that the family member of the EEA principal must be lawfully resident in the principal's country of origin. For example, if an Irish person living in the UK wishes for his American spouse to join him there, the wife must have the status of a resident (i.e. not a visitor) in the Republic of Ireland. This right of residency is almost always guaranteed however because, by most national bodies of immigration law, the spouse of a national gains residency in that country. Evidence of this fact must be supplied however. This will most often be a stamp in the passport of the family member of the EEA sponsor.

[edit] Validity

Currently, the EEA family permit is valid for six months [4]. During this period, the holder may enter and leave the UK without restriction. When the holder has arrived in the UK, it is advisable to apply for a Residence Card, from the Immigration and Nationality Directorate (IND) of the Home Office. This takes the form of a stamp in the family member's passport and confirms their right of residence in the UK. At the same time, the EEA principal should apply for a Residence Document, from the above stating their right of residence in the UK [5]. These documents are a free to obtain and are in fact a formality, since the lack of them does not prejudice the right of the EEA principal and the family member to live and work in the UK. They help the holders to make multiple entries to the UK, since the family permit expires after six months. In addition, they help prospective employers or banks to establish the family member's right of residence in the UK.