LEXVISA is delighted to announce that we have recently received the wonderful news that our client (“the Applicant”) has been granted an EEA Residence Card as the spouse of an EU national. This application was made in accordance with the Immigration (European Economic Area) Regulations 2016 (“EEA Regulations”). Our Immigration Solicitors in London are experts in EU immigration matters and have a high success rate with these types of applications. We manage to get a result in even the most complex cases and it is important to book a consultation with us so that we can explore all of your options in more detail. Please contact our team today for further information.
The case for an EEA Residence Card application as the spouse of an EU national
The Applicant was an Indian national who was in the UK on a Tier 4 (General) student visa to study for her Master’s Degree. Whilst in the UK as a student, the Applicant met her now-husband (“the Sponsor”), an EEA national in the UK exercising his treaty rights as a quailed person (a worker). The couple’s relationship developed having travelled many places around the world together and meeting each other’s families, and over a year later they got married in London in front of their close family and friends. As the Applicant’s student visa was then coming to an end, she decided to apply for an EEA Residence Card as the spouse of an EU national so that she could continue to live in the UK with her new husband. We were instructed to prepare the application just before Christmas and submitted it in the New Year. Due to the Coronavirus pandemic, there was a delay in receiving a response to the application, but we finally received the good news that the application was a success.
What are the general requirements for a successful EEA Residence Card application as the spouse of an EU national?
There are a number of requirements that a spouse of an EU national must be able to demonstrate in order to get an EEA Residence Card to remain in the UK.
- Spouses must demonstrate that they meet the definition of a ‘family member’ under the EEA Regulations 2016;
- Spouses must demonstrate that their marriage and relationship with the EU national Sponsor is genuine and durable – i.e. that it is not a sham marriage for the purpose of circumventing the immigration system;
- The Sponsor must be exercising their Treaty Rights in the UK as a qualified person (i.e. as a job seeker, worker, self-employed person, self-sufficient person or a student); and
- Spouses must demonstrate that they can be accommodated and maintained in the UK without recourse to public funds by their Sponsor.
What is EEA Permanent Residence?
After being in the UK with a valid EEA Residence Card for 5 years, non-EU spouses of EEA nationals can apply for EEA Permanent Residence in the UK. The earliest they can apply is 28 days before the expiry of their EEA Residence Card. EEA Permanent Residence in the UK is the same as Indefinite Leave to Remain under the Immigration Rules. This means that a person is free from immigration restrictions and therefore do not have to worry about renewing their visa every few years. Those who have EEA Permanent Residence may then be eligible to apply for British citizenship after 12 months and subject to all the other requirements being met.
Does Settled Status replace Permanent Residence?
In sort, the answer is yes. Settled Status and Permanent Residence bring about the same rights in the UK. As a result of Brexit, free movement will come to an end and there will be a different way that EU nationals and their family members will need to apply to come to the UK (similar to the current rules for non-EEA nationals under the Immigration Rules).
During the transitional period, EU nationals and their family members will need to apply under the EEA Settlement Scheme to either get Pre-Settled Status or Settled Status (depending on the length of time spent in the UK and the equivalent to an EEA Registration Certificate/Residence Card and Permanent Residence). The deadline to apply under the EU Settlement Scheme is 30 June 2021 however Applicants must be in the UK by 31 December 2020. Applications for the EU Settlement Scheme are made in accordance with the Immigration Rules Appendix EU.
Using our Immigration Solicitors in London to prepare an EEA Residence Card application as the Spouse of an EU national
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 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/EEA Regulations are complex and a legal representative can help ensure that your EEA Residence Card application meets the Immigration Rules/EEA Regulations.
Successful EEA Residence Card applications with our Immigration Solicitors in London
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 EEA Residence Card application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission 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 a successful EEA Residence Card application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules/EEA Regulations 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 to discuss your EEA Residence Card application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.