If you are a non EEA national, are related to an EEA national and want to come to the UK with him or to join him in the UK you should apply for an EEA Family Permit. If you are already in the UK you should instead apply for an EEA Residence Card.
If you have previously held an EEA Family Permit, you should apply for EEA Residence Card as your Family Permit is only valid for six months.
You can apply for EEA Residence Card if you are related to an EEA national as their:
♠ spouse or civil partner
♠ child or grandchild, or their spouse or civil partner’s child or grandchild, and under 21 years old
♠ dependent child or grandchild, or their spouse or civil partner’s child or grandchild, and over 21 years old
♠ dependent parent or grandparent, or their spouse or civil partner’s parent or grandparent
♠ dependent extended family member – for instance unmarried partner, brother, sister or cousin
You can also apply for an EEA family permit if you are the main carer of: ♠ a British citizen; or ♠ a financially self-sufficient EEA national child; or ♠ a child of an EEA national who was a worker in the UK.
An EEA family permit is valid for six months within which time you can leave and enter the UK as many times as you like. After six months you should apply for an EEA Residence Card if your EEA national family member is exercising EEA treaty rights in the UK.
An EEA national is exercising EEA Treaty rights of free movement if he:
♠ is working; or ♠ a jobseeker; or ♠ self-employed; or ♠ studying; or ♠ self-sufficient; or ♠ have a permanent right of residence in the UK.
Should I get legal advice?
As with any other legal matter, you should consider getting specialist legal advice and representation for your EEA family permit application. Otherwise, you may end up making a costly mistake resulting in refusal of your application. That refusal may also complicate things further as any future application may also be impacted by the initial refusal.
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