Article 10 Residence Card Applications to the UK

An Article 10 Residence Card allows the non-EEA Family Members of EEA nationals to come to the UK with or to join their EEA national family member. LEXVISA specialise in UK visa applications under the Immigration Rules and EEA Regulations. In order for our Immigration Solicitors to assess whether you qualify to apply for an Article 10 Residence Card Application, you should contact our Immigration Team to schedule a consultation.

What is an Article 10 Residence Card?

An Article 10 residence card issued under Directive 2004/38/EC of the European Parliament and Council (EC Directive) allows the non-EEA family members of EEA nationals to come to the UK with or join their EEA national family member who was living and working in another EU member state, without the requirement to obtain an EEA family permit. For example, the non-EEA family member of an Italian national living and working in Spain may be eligible to apply for the Article 10 Residence Card to accompany their Italian national family member to the UK.

Applicants must have a valid passport and evidence demonstrating they are the family member or extended family member of an EEA national. It is important that all of the requisite documents are provided to the Home Office which meets the stringent guidelines.

Article 10 Residence Cards are valid for 5 years from the date of issue. Article 10 Residence Cards may be retained by the issuing Member state if the non-EEA family member’s relationship with the EEA national breaks down or if there are absences from the UK which total more than 6 months in a year. An Article 10 residence card should feature the wording “Residence Card of a Family Member of a Union Citizen”. It is advised that Applicants make an EEA Family Permit application, however, as to ensure entry to the UK and no issues at the border.

What is an EEA Family Permit?

An EEA Family Permit gives non-EEA family members of EEA nationals’ entry clearance to travel to the UK with their EEA national family member or to join them in the UK if they are already here. Family members who are able to apply include:

  • Spouses and Civil Partners;
  • Children or grandchildren (or the children or grandchildren of your Spouse or Civil partner) who are under 21; and
  • Parents or grandparents of you and your spouse or Civil Partner (if they are dependent on you).

Extended family members of EEA nationals, such as unmarried partners, may also be eligible to apply for EEA Family Permits, providing that they can demonstrate a “durable and sustainable relationship” with the EEA national.

EEA Family Permits are valid for 6 months and there is no Home Office fee for this application.

Applying to the UK as the non-EEA family member of an EEA national after Brexit

It should be greatly considered that once the UK has officially left the EU after Brexit, Article 10 Residence Cards will no longer be valid in the UK, and the new ‘Settled Status’ scheme will be in place. It is advised that the non-EEA family members and extended family members of EEA nationals apply before the cut-off date in March 2019, however, on-going negotiations mean that dates are still not confirmed.

Using Legal Representation to Apply for an Article 10 Residence Card Applications to the UK

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an Article 10 Residence Card Application to the UK.

Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided.

This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.

Successful Article 10 Residence Card Applications to the UK

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Article 10 Residence Card Application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your Article 10 Residence Card Application to the UK and ensure that you meet all the requirements of the relevant rules.

We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

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