EEA Applications & Appeals

EEA Applications and Appeals can be complex matters, more so than ever in recent years due to Brexit. Axis Solicitors can offer you expert advice and guidance.

At Axis, we are leading immigration solicitors with years of experience in multiple aspects of immigration law. Whether you are an EEA national in the UK or the family member of an EEA national looking to come to the UK to join them, we can offer expert advice and guidance throughout the entire process. These applications apply to EEA nationals and their non-EEA family members.

If you reside within in the EEA you are free to move around, live and work in the EU without a visa. However, obtaining an EEA registration certificate will qualify as proof of you and your family’s right to live and work in the UK. It is also useful for claiming certain benefits and services in the UK as well as supporting family members’ applications for an EEA family permit or residence card.

In order to apply for an EEA Registration Certificate, you need to be able to independently support yourself, or be working or studying.

Applications for EEA Permanent Residence and the EEA Family Permit can be difficult and time-consuming. The solicitors at Axis are highly experience in making applications to the Home Office and have received successful results for clients for all kinds of immigration matters.

We will give you detailed, relevant advice on how to make your application and provide you with expert representation throughout the application process, giving you the best chance of success possible.

If your application was previously unsuccessful, we also have experienced appeal solicitors who can advise you on how to get this decision overturned.

EEA nationals and their EEA national family members can apply for a residence certificate valid for 5 years. When coming from outside the UK, non-EEA family members will be given a resident permit valid for 6 months which allows them to travel to the country. Once here, they can apply for the 5-year resident card.

During this time, you and your family can leave and enter the UK freely. Once this six months is over, if you wish to stay in the UK you will be required to apply for an EEA Permanent Residence card. You are eligible for the EEA PR card under the 2016 regulations if you are:

• Immediate family of an EEA or Swiss national (not including UK nationals)
• Immediate family members of a British Citizen applying for admission to the UK
• A dependent of the EEA national or their spouse/civil partner and under 21 years of age
• Extended family members, including relatives who aren’t immediate family members of unmarried partners
• In the ascending line of the EEA National or their spouse/partner and a dependant immediate relative
• Entitled to a derivative right of residence under regulation 16

There are some criteria you need to meet to increase your chances of success in obtaining an EEA family residence card or EEA Family Permit.

You qualify as a direct family member of an EEA national if you are:

• Their spouse/civil partner
• Their spouse/civil partner’s child or grandchild, under 21 years of age or dependent
• Their spouse/civil partner’s parent or grandparent who is a dependent

However, if the EEA national is studying in the UK rather than working, you can only qualify as a direct family member if you are:

• Their spouse or civil partner
• Their spouse/civil partners child who is a dependent

Any other relatives of EEA nationals studying in the UK must qualify as an Extended family member.

You qualify as an EEA extended family member if you are:

• The unmarried partner in a durable relationship with an EEA national.
• A relative of the EEA national or their spouse/civil partner, who does not qualify as a direct family member. These can include brother, sister, cousin, aunt, uncle, nephew & niece.

The EEA extended family member has to be dependant on the EEA national before coming to the UK and still continue as ‘dependant’, even if the extended family member fits all of these criteria the application may still not be approved, as it is based on individual circumstances. Axis Solicitors stay up to date with the latest changes in immigration law and legislation so we can analyse every aspect of your application and increase the chances of success.

The right of free movement for the EEA nationals and their EEA national family members are automatic and the residence certificate is only a confirmation of that right. However, for extended family members the right is not automatic and is accrued only when accepted.

There is a minimal fee of £65 for applications under the EEA regulations however there is no fee for a settled or pre settled status certificate.

If your application is refused, you will need to either reapply or appeal the decision in order to make the UK your permanent residence.

If you choose the right of appeal, this will go to the First Tier Tribunal. If this is the case, Axis Solicitors can review your case and give you realistic and accurate advice. There are further appeals to the Upper Tribunal and Court of Appeal if your first appeal is unsuccessful. If you proceed with the appeal case, our immigration solicitors are always on hand to assist with any advice or guidance you may need.

Due to Brexit changes, the UKVI is offering settled status certificates to EEA and non-EEA nationals who have lived in the UK in accordance with the regulations for at least 5 years. You may or may not have already been issued a Certificate of Permanent Residence or Permanent Residence card.

Those who have not completed 5 years will be granted Pre-Settled Status.

One year after you get your Permanent Residence you may be eligible for British Citizenship.

At Axis Solicitors, we ensure we keep up to date with the latest EU news in terms of immigration. especially regarding Brexit and the EU Settlement Scheme.