LEXVISA recently received the wonderful news that our client (“the Applicant”) was granted an EEA Residence Card in the UK. In our initial consultation with the Applicant, we discovered the circumstances and facts surrounding his application and were instructed for the preparation and submission of the EEA Residence Card application. Our Solicitors and Barristers knew from the outset that this was a complicated case as the Applicant had previously applied for an EEA Family Permit and his application was refused. In addition to this, the Applicant had suitability issues.
The Case for EEA Residence Card
The Applicant was a Pakistani national who first entered the UK on a Tier 4 Student visa and then switched to the former Tier 1 High Skilled (General) Migrant visa. During his time in the UK, the Applicant had formed a relationship with an EEA national and wanted to now apply for an EEA Residence Card. In our initial consultation with the Applicant, we flagged out all the potential issues which could arise due to his previous applications and the suitability issues. Our solicitors were able to provide solutions to these issues.
Requirements for EEA Residence Card Applications
Those who are wishing to apply for EEA Residence Card in the UK will first need to satisfy the Home Office requirements which include:
- Applicants must be from outside the European Economic Area (EEA);
- Applicants must be able to demonstrate that they are a direct family member or extended family member of an EEA national;
- The EEA national must be present in the UK exercising Treaty Rights;
- In some circumstances, you can apply for an EEA Residence Card under the Retained Right of Residence or Surinder Singh route.
In order to submit a successful EEA Residence Card application as an extended family member of an EEA national, Applicants must be able to show that they are the unmarried partner or relative of the EEA national. Every application is considered in its individual circumstances, therefore, it is imperative the correct legal advice is sought prior to submitting any application.
EEA Residence Card applications after Brexit
The web of uncertainty regarding the future of EEA nationals and their not EEA family members are continuing to grow. The UK Government and the Home Secretary’s reluctance to provide adequate updates is rather worrying as many EEA nationals cannot plan for their future as it is unclear what right to reside in the UK they may have. Whilst, there have been proposals to convert EEA Permanent Residence into Settled Status Document. It remains unclear what right to reside direct and extended family members may have.
It is very likely that there will be significant changes to the free movement legislation in the EU will end and EU citizens will urgently be required to acquire permission to stay in the UK. This has understandably created a great deal of uncertainty amongst EEA nationals who are in the UK and are unsure of what status they will have in the UK once the UK formally leaves the EU. However, there have been proposals to convert EEA Permanent Residence into Settled Status, and if you are an EEA national with concerns about applying for EEA Permanent Residence, do not hesitate to contact our specialist immigration lawyers to get professional advice on your next steps. We also recommend that EEA direct and extended family members contact our specialist immigration lawyers to get professional advice on what options are available to them.
Using Legal Representation to Apply for EEA Residence Card
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your EEA Residence Card application. It is possible to instruct an immigration and visa legal representative to submit an EEA Residence Card application.
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 EEA Residence Card 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 EEA Residence Card application meets the Immigration Rules and EEA Regulations.
Successful EEA Residence Card 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 EEA Residence Card application and the merit of your EEA Residence Card application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your EEA Residence Card application 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. LEXVISA is just 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.