If you are a non EEA national, are in the UK with your EEA national family member who is exercising EEA Treaty Rights in the UK you should apply for an EEA Residence Card. 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.
EEA Residence Card allows non EEA family members of EEA nationals to stay in the UKIf however you are not in the UK and want to join your EEA National family member you should instead apply for EEA Family Permit. If you have an EEA Family Permit please take note that it is only valid for six months. 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.
You can apply for the 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 should apply for a Derivative Rights of Residence Card if you are the main carer of: a British citizen; an EEA citizen; or a financially self-sufficient EEA national child; or the child of an EEA worker and currently in education. You should also apply for Derivative Rights if you are the carer’s child.
As per the EEA regulations a residence card is not mandatory to live in the UK, but it can: ♠ help you re-enter the UK with ease, if you go abroad; ♠ show employers that you have the right to work in the UK; ♠ evidence that you qualify for certain benefits and services in the UK; ♠ claim certain benefits in the UK; ♠ support a family member’s application to come and live with you in the UK; ♠ make it easier for you to open and maintain bank accounts; ♠ make it easier for you to get medical treatment; ♠ make it easier for you to get a driving license; ♠ make it easier for you to rent a house or room; ♠ help you become a permanent resident in the UK after 5 years.
Should I get legal advice?
As with any other legal matter, you should consider getting specialist legal advice and representation for your EEA residence card 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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