Non-EEA nationals who wish to enter the UK to join their EEA national family member can do so using an Article 10 residence card issued under Directive 2004/38/EC of the European Parliament and Council (EC Directive). If you hold a valid Article 10 Residence card you will not need to obtain an EEA Family Permit to enter the UK but it is suggested that Applicants apply for an EEA Family Permit as this will facilitate entry into the UK.Legal advice on EEA Article 10 Residence Card from LEXVISA Immigration Solicitors
The case for an Article 10 Residence Card
EEA Member States can issue Article 10 Residence cards under Directive 2004/38/EC (EC Directive) to Applicants who can demonstrate that their EEA family member is exercising his or her free movement rights in another Member State. If you hold a valid Article 10 Residence Card you can travel to the UK without having to obtain an EEA Family Permit but Applicants will be required to demonstrate that they have a right of admission under EU law. A failure to do so may lead in entry into the UK being refused. A typical example of an Applicant who may be eligible for Article 10 Residence Card is:
A Pakistani spouse of a German national who is working and living in France may be eligible to apply for an Article 10 Residence Card. Once the Pakistani national is issued an Article 10 Residence Card, he or she can then accompany the German national to the UK.
It is important that your Article 10 Residence Card clearly states “Residence Card of a Family Member of Union Citizen” otherwise you may encounter additional questioning by a Border Officer on arrival to the UK. Your Article 10 Residence Card shall be valid for a period of 5 years from the date of issue but may be retained by the issuing Member state if your relationship with the EEA-national breaks down or if you have absences which total more than 6 months in a year. There are some compelling circumstances where absences over 6 months may not lead to European Union Member States automatically retaining your Article 10 Residence Card but you will be required to provide strong documentary evidence demonstrating why it was necessary for the absences.
Entry into the UK under an Article 10 Residence Card
An Article 10 Residence card will usually be issued no later than 6 months from the date the application is submitted. To apply for an Article 10 Residence Card, Member States shall require the following documents:
A valid passport;
A document attesting to the existence of a family relationship and proof of a durable relationship; and
Proof of residence in the member state where you have been granted an Article 10 Residence Card.
Once you have been granted an Article 10 Residence Card by a European Member State country you can then accompany your EEA national family member to the UK. To be granted entry into the UK, as non-EEA national, you must present your Article 10 Residence Card at your point of entry.
You will also need to have a valid passport and evidence demonstrating that you are a family member of the EEA national. For example, non-EEA spouses are recommended to have a copy of their marriage certificate. If your EEA national family member is already in the UK, you will be required to provide additional documentary evidence to be granted entry into the UK. You should provide evidence which shows that your EEA national family member is already in the UK and evidence that they have a right of residence in the UK.
Successful Article 10 Residence Card & EEA Family Permit Applications
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 applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules.
We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had an application refused, contact us to discuss your case so that we can provide you with a case assessment.
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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.