Non-EEA family members of EEA nationals who hold a valid permanent residence card, issued to them as the family member of an EEA national who is exercising free movement rights in another EEA state under Article 20 of Directive 2004/38/EC (the ‘Free Movement Directive’), may use their card to travel to the UK to accompany or join their EEA national family member in the UK.Legal advice on non-EEA Family Member Permanent Residence Card from LEXVISA.
Permanent Residence Card Applications for Family Members of EEA Nationals
EEA nationals have free movement rights in all EEA countries. Their family members, who are non-EEA, may be issued with a residence card for family members of EEA nationals exercising their Treaty rights in another EEA state. The card can be issued under Article 10 of Directive 2004/38/EC – residence card or Article 20 of the Directive – permanent residence card. If you hold a valid residence or permanent residence card you can travel to the UK without having to obtain an EEA Family Permit. However, in order to be admitted to the UK you will need to demonstrate that you have a right to admission under EU law. We have already written about the required documents here.
Requirements for a Permanent Residence Card for Family Member of EEA Nationals
EEA citizens who have resided legally for a continuous period of 5 years and exercised their Treaty rights in the host Member State shall have the right of permanent residence there. The same right apply to non-EEA family members of EEA citizens who have legally resided with their EEA family member in the host Member State for a continuous period of 5 years.
The applicants should be eligible to apply not affected by temporary absences, as long as they do not exceed 6 months a year, or one absence of maximum of twelve consecutive months for important reasons. These reasons might be pregnancy and childbirth, serious illness, study or vocational training or a posting in another Member State or a third country.
Apply for a Permanent Residence Card for Non-EEA Family Member
Non-EEA Family Members of EEA Nationals should be issued with a permanent residence card by the EU Member State within the submission of the application. The permanent residence card shall be renewable automatically every ten years.
The applicants should apply for a permanent residence card before the expiry of their residence card and failure to comply with this requirement may render the person liable to proportionate and non-discriminatory sanctions. Interruption in residence not exceeding two consecutive years shall not affect the validity of the permanent residence card.
Successful Permanent 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.
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.