Extended Family Members of EEA Nationals
Extended family members must have a valid EEA permit or residence card to stay in the UK. Our EU Law application lawyers can assist you with your visa application for extended family member of EEA national. Extended family members’ is defined in Regulation 8 as meaning:
- more distant family members of the EEA national or of his spouse / civil partner who can demonstrate that they are dependant
- partners where there is no civil partnership but they can show that they are in a "durable relationship" with the EEA national.
For extended family members only the following conditions in relation to dependency must be satisfied:
- The extended family member must have established his/her dependency on the relevant EEA national in the country from which the EEA national moved to the UK. This is consistent with the wording of Article 3(2) of the Directive, which states that the person must be a dependant of the EEA national in the country from which they have come;
- The dependency must have existed immediately before or very recently before the EEA national came to the UK; and
- The extended family member must have come to the UK at the same time as the EEA national or just before or very recently thereafter.
Article 3(2) of the Free Movement Directive provides for Member States to facilitate entry and residence, in accordance with their national legislation, for
- “any other family members, irrespective of nationality, not falling under the definition in point 2 of Article 21 who, in the country from which they have come, are dependants or members of the household of the Union citizen having the primary right of residence, or where serious health grounds strictly require the personal care of the family member by the Union citizen”; and
- “the partner with whom the Union Citizen has a durable relationship, duly attested.”
Under Regulation 8 there are four kinds of extended family member:
- a person who is a relative of an EEA national or his/her spouse or civil partner and who is financially dependent on the EEA national or is a member of his/her household, and who either (i) is accompanying the EEA national to the UK / wishes to join him there, or (ii) has joined him in the UK and continues to be dependent on him or to be a member of his/her household;
- a person who is a relative of an EEA national or his/her spouse or civil partner and, on serious health grounds, strictly requires the personal care of the EEA national or his/her spouse or civil partner;
- a person who is a relative of an EEA national and would meet the requirements of the Immigration Rules (other than those relating to entry clearance) for ILR as a dependent relative of an EEA national were the EEA national a person present and settled in the UK;
- a person who is the partner of an EEA national (other than a civil partner) and can prove that he is in a durable relationship with the EEA national.
Until an applicant is recognised as an extended family member and issued with a residence card (or EEA family permit or registration certificate) he has no rights deriving from EU law.
Need legal advice?
UK immigration law is extremely complex and constantly changes. The UKVI has strict criteria relating to different types of visa. Therefore, it is essential you get the right legal advice from an expert UK immigration lawyer to make sure your application is successful, first time. We will guide you through every step of the process, putting you in the best place possible to get a good result.
Why choose Blackstone Law Associates?
Competitive Fixed Pricing
We offer a fixed price service, this means the price you are quoted does not change; We work on fixed fees basis unlike other firms who charge you for each and every call and letter.
Dedicated Lawyer with Direct Access
You will have direct access to our qualified lawyers, with in-depth knowledge of UK Immigration law. Upon instructing us you will be allocated an experienced lawyer who will contact you within 24 hours to discuss your case.
Immigration laws in the UK change frequently. Our team of lawyers are trained and are kept up to date on all the latest developments. We have a combined wealth of knowledge and experience. Our expert immigration lawyers can provide advice and the best possible option available for you.
Highest Success Rate
We are proud to claim that through our wealth of knowledge and experience we are able achieve the results that are needed. Our expert Lawyers put their full efforts in your case as we strongly believe in getting for you what you want.