If you are an EEA national currently living in the UK and wish your non-EEA national family members to come live with you, it is possible, but a bit more complicated than if they were EEA nationals.
Some non-EEA national family members have more rights than others, for example:
- Spouses
- Civil partners
- Children, grandchildren and great grandchildren up to 21 years of age (or over this age if they are dependent), of the EEA national, his or her spouse, or civil partner
- Dependant parents, grandparents and great-grandparents of the EEA national or his or her spouse or civil partner
These family members can visit you in the UK, however, whether they are visa nationals or not, they will have to get an EEA family permit before travelling, if they are going to live in the country. If they don’t get this permit, the immigration officer will probably deny them entry. In any case, immigration officials can’t reject your family members without giving them the chance to get the right documents and prove that they have the right to be there. If this happens to any member of your family, request professional advice.
These family members have the right to get a job or work independently in the UK.
It gets a little more complex for distant family members or couples that live together but are not married or in a civil union. There are special rules for ‘extended family members’ who want to go live in the UK, thus, you will definitely need to be advised by an UK immigration lawyer on the right procedure to make this happen.
If you are a student, everything changes. Students have the right to be with their spouse or civil partner, and children under 21 or dependant. Any other family member is not allowed to live in the UK; however, they can have a smooth entry and residence process.
Among the family members that can enjoy this treatment are:
- Parents, yours and your spouse or civil partner’s
- Grandparents, yours and your spouse or civil partner’s
- Distant relatives that have been a part of your family for a long time or are dependent on you or your spouse or civil partner
- A partner with whom you have a solid relationship even if you are not married or united in a civil way
You have to be very careful, because family members can lose their rights given several situations, for example, if you leave the country for good, or if you get a divorce and the partnership didn’t last at least three years. Children have the right to stay in school even after the parents leave, so divorced spouses have the right to stay in the country if they are the children’s main caretaker or if they have a court order allowing them to stay in contact with the kids. Again, this is serious matter, so get proper advice.
Non-EEA national family members have to apply for a Residence Card to prove that they can stay in the UK with you, and they can only get one if you are entitled to a Registration Certificate, thus, you are advised to obtain one.
It may sound very complicated, but your UK immigration lawyer can give you loads of support when going through this process in order to ensure you get to enjoy your life in the UK with your family sooner than later.
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Please note that these articles and the information contained herein are purely for general guidance and do not constitute a professional legal or any other opinion as to the merits of a particular application or whether specific immigration requirements have been met of a particular category. This information is generic and should not be relied upon as a definitive guide to fulfilling specific category requirements. However should any individual do so it is at his or her own risk for which UK Migration Lawyers Limited cannot be held responsible in any way.
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