Success Story: EEA Residence Card granted as a family member of an EEA national

We received some fabulous news this morning that our client (the Applicant’s) EEA Residence Card application was successful.  The Applicant applied as a family member of a settled EEA national under The Immigration (European Economic Area) Regulations 2016 (“EEA Regulations 2016”). In our initial consultation with the Applicant and his partner, we explored the Applicant’s aims and long-term objectives and provided him with a few application routes under the Immigration Rules and EEA Regulations. After lengthy discussions, considering the pro’s and con’s too different applications the Applicant informed us that he would like to apply for an EEA Residence Card.  Our solicitors prepared a perfect EEA Residence Card application ensuring it was successful with no issues or excessive delays.

The case for EEA Residence Card application application

The Applicant was married to a settled EEA national and had been in a long distance relationship. The Applicant visited his husband and on a tourist visa and decided he wanted to remain in the UK with his husband. The Applicant informed us that he did not wish to make an Entry Clearance EEA Family Permit application from the USA. Therefore, we were instructed to submit an EEA Residence Card application.   This is a popular European application in which our immigration team specialise in. In our initial consultation, the couple had informed us that they wished to settle in the UK and this was the first towards their ultimate goal.

Submitting a successful EEA Residence Card application as a Family member of an EEA National

Applying for an EEA Residence Card can be a strenuous process especially when it comes to meeting the applicable law under the EEA Regulations 2016. The EEA Regulations 2016 were not designed for the layperson and legal advice should be sought prior to submitting an application to the Home Office. To submit a successful EEA Residence Card application as a family member of an EEA national you must meet the following requirements:

  • You must demonstrate that you meet the definition of a family member under the EEA Regulations 2016;
  • You must demonstrate that your relationship with the EEA national is genuine and durable;
  • The Sponsor must be exercising Treaty Rights in the United Kingdom as a job seeker, worker, self-employed person, self-sufficient person or a student; and
  • You must show that you can be accommodated and maintained in the UK without recourse to public funds.

If your application is successful you will be granted an EEA Residence Card for a period of 5 Years.

Applying for EEA Permanent Residence following a successful EEA Residence Card application

The advantage of holding an EEA Residence Card is that you will have permission to reside freely in the UK. EEA Residence Cardholders are free to work and study in the UK. There are a number of different routes to an EEA Residence Card. Some of the most popular routes are:

  • As the family member of an EU national (this covers both direct and extended family members);
  • Under the Retained Rights of Residence category (this is for non-EEA nationals whose relationship has broken down with their EU national partner); and
  • Under the Surinder Singh route

It is important to note that all EEA Residence Cards will not be valid after 31 December 2020 but there will be no change to the rights and Status of EU nationals living in the UK until 2021. EEA nationals and their family members can apply for a Settled Status document from March 2019.

EEA nationals may be eligible to submit an EEA Permanent Residence Application if they can meet the eligibility requirements under the EEA Regulations. An EEA Permanent Residence Application is made under the EC Directive 2004/38. We have listed some of the basic eligibility requirements below:

  • Applicants must be a national of an EEA country;
  • Applicants must be a qualified person;
  • Applicants must be able to demonstrate 5 years continuous residence in the UK; and
  • Applicants must not have any excess absences from the UK.

Non-EEA family members may also be eligible to apply for an EEA Permanent Residence document. In order to apply, the non-EEA family member must demonstrate that he/she is the family member of ‘qualified person’ and that they are residing with them in the UK.

Applicants applying for an EEA Permanent Residence application may be eligible to apply using the European Passport Return Service.

How we can assist in submitting a successful EEA Residence Card application

Our solicitors successfully guided the Applicant through the EEA Residence Card application process and prepared outstanding legal representations/submissions which focused on how the Applicant met the requirements listed under the EEA Regulations 2016. In particular, our solicitors focussed on the Applicant’s rights under the EEA Regulations 2016 and the ECHR.  Our solicitors had to work closely with the Applicant and Sponsor to ensure they were able to collate all the mandatory documents required for the EEA Residence Card application. It was essential that a properly executed application that met all the requirements was submitted as the Applicant was on a tourist visa which was set due to expire. In addition to the legal representations, our team of solicitors also provided multiple substantial reviews of his documents to ensure that the Applicant submitted the correct documentary evidence in the correct format, which meets the Home Office’s requirements.

Using Legal Representation to Prepare an EEA Residence Card application

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 Indefinite EEA Residence Card application

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.

 

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