This is internal guidance for use by entry clearance staff on the handling of applications made outside the United Kingdom (UK). It is a live document under constant review and is for information only.EUN2.1 What is an EEA family permit?
An EEA family permit is a document similar to an entry clearance which has been given the name "EEA family permit" to distinguish it from a visa or entry clearance issued under the Immigration Rules. Instead, EEA family permits are issued under the Immigration (European Economic Area) Regulations 2006 and not the Immigration Rules. It is issued
for six months in all cases and i
s free of charge.
The ‘expiry’ date on an EEA family permit does not formally represent an expiry of EEA family member ‘status’ in the UK. If the EEA national has not travelled to the UK within 6 months of the date of application, the EEA family permit would not be considered as valid.
As long as the non-EEA family member of an EEA national continues to meet the EEA Regulations they would not be considered as having ‘overstayed’ simply because the expiry date of their EEA family permit had passed.
A non-EEA national family member of an EEA national must hold an EEA family permit if they are coming to the UK with the EEA national or joining them in the UK.
If the family member is not travelling with the EEA national or will not be joining them in the UK, they need to apply for entry clearance under the Immigration Rules and pay the relevant fee. An applicant who does not qualify for an EEA family permit can only be considered against the Immigration rules once the specified fee is paid. Regulation 31 of the Immigration and Nationality (Fees) Regulations 2009 clearly says that if an application to be assessed under the Immigration rules is not accompanied by the specified fee, the application is not validly made. This is particularly important to fiancés and proposed civil partners of EEA nationals – see EUN 2.12.
However, please note, that if a family member who is travelling with, or is to join the EEA national in the UK requests a visit visa under the Immigration Rules, you should offer him (or her) the option of applying for a family permit under EC law free of charge.
EUN2.2 Where can an EEA family permit be issued?
EEA family permits may be obtained from any visa issuing post. It is not necessary for an applicant to be lawfully or normally resident in the country to apply.
EUN2.3 How quickly do I need to issue an EEA family permit?
Priority must be given to applications for EEA family permits. Wherever possible a decision should be made at the time it is lodged or after an interview is conducted.
However, the Regulations do not say that EEA family permits must be issued on the day that the application is made. The Directive does allow Member States to take reasonable measures to ensure that freedom of movement is not obtained by deception. Where you suspect a marriage of convenience or even ‘sham’ employment for the purpose of freedom of movement, further enquiries should be made and credibility may be tested. As long as delays are justifiable, applications can be tested until the ECO is fully satisfied.
EUN2.4 What are the requirements for issuing an EEA family permit?
In assessing an application, the ECO should be satisfied that:
- the applicant is the family member of the EEA national (marriage certificate, birth certificate or other evidence of family link)
- the EEA national is residing in the UK in accordance with the EEA Regulations (as qualified person if more than 3 months) and the non-EEA national is joining them; or
the EEA national intends to travel to the UK within 6 months and will have a right to reside under the Regulations on arrival, and the non-EEA national will be accompanying or joining the EEA national; and - if applying as a spouse or civil partner, there are no grounds to consider that the marriage or civil partnership is one of convenience (see Annex ….); and
if applying as dependent family members (dependent children 21 and over and dependent relatives) they are dependent on the EEA national or the EEA national’s spouse or civil partner; and - neither the applicant nor the EEA national should be excluded from the UK on the grounds of public policy, public security or public health.
It is important not to test overall intentions in assessing applications for an EEA family permit. Also, there is an initial right of residence for 3 months, which means that an EEA national does not have to be exercising a treaty right immediately on arrival in the UK.
EUN2.5 What did the ECJ judgment on Metock say in relation to issuing EEA family permits?
The ECJ judgement on Metock in July 2008 prohibited Member States from having a general requirement for third country national spouses of EEA nationals to be lawfully resident in another EEA member state before they can benefit from a right to reside under the EU Free Movement of Persons Directive. Therefore, we can no longer apply the lawful residence requirement (which was based on the case of Akrich) or our own domestic legislation (the Immigration Rules) to family members seeking first admission to the EEA from outside the EEA.
EUN2.6 Who are an EEA national’s family members?
The family members of an EEA national (part 7 of the EEA Regulations) include:
- spouses or civil partners;
- direct descendants of the EEA national or their spouse/ civil partner under 21;
dependent direct descendants of the EEA national or their spouse/ civil partner 21 and over; - dependent direct relatives in the ascending line eg. parents and grandparents of the EEA national or their spouse/civil partner.
- Financial dependence should be interpreted as meaning that the family member needs the financial support of the EEA national or his or her spouse/ civil partner in order to meet the family member’s essential needs in the country where they are present – not in order to have a certain level of income.
Important: The direct descendants of an EEA national who are under 21 do not need to prove that they are dependant on the EEA national in order to qualify for an EEA family permit.Only the spouse/civil partner and dependent children under 21 are considered as family members of an EEA national exercising Treaty rights
as a student who has been in the UK for more than three months.Where the applicant can show that he/ she is a family member of an EEA national, an ECO must issue an EEA family permit if the requirements for issuing a family permit (see below) are met.
EUN2.7 Who are an EEA national’s extended family members?
An extended family member of an EEA national is any other relative who meets one of the requirements listed in regulation 8 of the EEA Regulations.
An applicant may be considered for an EEA family permit as an extended family member if they are:
- residing in the same state in which the EEA national also resides and are dependent on the EEA national or are a member of the EEA national’s household; and
- accompanying the EEA national to the UK or wishing to join them there.
If the applicant does not meet both of these criteria, they can also be considered for an EEA family permit as an extended family member if they are:
- a relative of the EEA national or his spouse/ civil partner and on serious health grounds, require the personal care of the EEA national or their spouse/ civil partner; or
- a relative of the EEA national and would meet the requirements, other than those relating to entry clearance) in the Immigration Rules for indefinite leave to enter the UK as a dependent relative (paragraph 317) of the EEA national were the EEA national present and settled in the UK; or
- a partner of the EEA national (other than a civil partner) and can prove to the ECO that they are in a durable relationship with the EEA national.
Where the applicant can show that he/ she is the extended family member of an EEA national, the ECO may issue an EEA family permit if in all circumstances, it appears to the ECO appropriate to issue the EEA family permit. Therefore, an EEA family permit may be refused:
- where refusing the family member would not deter the EEA national from exercising his/her Treaty rights or would not create an effective obstacle to the exercise of Treaty rights;
- if the applicant would have been refused entry to the UK on general grounds for refusal had they been applying for entry under the Immigration Rules;
- maintenance and accommodation requirements aren’t met eg. the non-EEA national’s admittance would result in recourse to public funds.