EEA Family Permits
I am a non-EEA spouse or civil partner of an EEA national, can I bring my family members to the UK?
The answer is not simple and has become increasingly more complex as time has gone on.
Firstly, there are 2 categories of family members when considering the EEA regulations, these are:
Direct family members
- Spouses and civil partners
- Children of the EEA national or their non-EEA spouse or civil partner, who are under the age of 21 and are dependent on their parent
- Dependent parents and grandparents
Extended family members
Prior to 1 February 2017, the rights of direct family members and extended family members applied to both the family members of the EEA national and the EEA nationals non-EEA spouse or civil partner. However, from that date, the rights of extended family members no longer applies to relatives of the EEA nationals non-EEA spouse or civil partner.
This means that direct family members such as dependent parents are still able to apply for an EEA family permit in order to enter the UK. However, extended family members such as siblings and nephews/nieces of the EEA nationals non-EEA spouse or civil partner are no longer able to make an application under the EEA regulations.
With the above in mind, the answer to the question is, yes, but only your children and parents/grandparents as long as you are able to show that they are financially dependent on you.
This takes us onto the next question:
What is financial dependency?
Financial dependency is defined as the extended family member relying on the EEA national or the EEA nationals non-EEA spouse or civil partner for financial support in order to meet all or most of their essential daily needs, such as food, accommodation etc…
The Home Office ask that long term evidence of financial dependency is submitted with applications. This is usually in the form of money transfer receipts.
Recently the Home Office has also begun asking applicants to show evidence that they truly rely on these funds to meet most of their daily needs by showing both evidence of receipt of funds from the EEA national as well as what they money is spent on. This is something that is very difficult for applicants in many countries to provide in enough detail. For example, a young asylum seeker living in temporary accommodation, without access to a bank account, would be unable to show evidence of their income and expenditure.
This unfortunately means that many applications of this type will be refused by the Home Office.
How do they apply an EEA family permit?
Applications are made online from outside the UK here:
How much does it cost?
EEA family permit applications are free of charge.
How long does it take?
The Home Office are aiming to make decisions ‘’as soon as possible after attending your appointment’’ as stated on their website. This means that decisions times can vary widely, with most taking around 2-3 months, however, they can take longer.
If their applications are granted what do they do next?
Under new regulations, an extended family member that has been granted the right to enter the UK using an EEA family permit would need to register for pre-settled status before the expiration of their EEA family permit (which are granted for 6 months).
The above is provided for information purposes and should not be relied on as advice in relation to your specific situation. You should check the Home Office site for specific guidance and any changes to UK Immigration Law.
Please contact us if you need further advice or assistance. You can find out more about our services and our fees.