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Tuesday, December 29th, 2009 | Author: admin

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.

If you liked this article, tell all your friends about it. They’ll thank you for it. If you have a blog or website, you can link to it or even post it to your own site (don’t forget to mention www.ukmigrationlawyers.co.uk as the original source).

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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Monday, December 28th, 2009 | Author: admin

If you are an EEA citizen living in the UK, you can bring your family to live with you.

EEA nationals can stay in the UK for up to three months without a specific reason.  If they want to stay longer, they have to be working (it could be a mix of work and study), have a business or be self-employed, or be studying after having already worked there.

If an EEA citizen is looking for a job, is studying without any previous work experience, or simply wants to live in the UK, he can stay only if he can support himself without any help from public funds, which include benefits such as income support, housing, and council tax benefits.

To work in the UK, EEA nationals do not need a work permit.  They can work for a company, open their own business, or work independently, either part time or full time schedules.

EEA citizens living in the UK pay the same tax and have the same welfare benefits as UK nationals who are doing a similar job.  If an EEA national loses his job after working at least a year, he can keep his worker status if he is registered with the Jobcentre Plus.  If he has been employed for less than a year and he is fired, the EEA citizen can keep his worker status for over six months if he has good possibilities of finding another job and is still listed as a work seeker.

If an EEA national has to stop working due to sickness, he can still live in the UK unless going back to work is not a possibility.  In this case, he should register with the local Jobcentre Plus to protect his rights, because job, pay, or working conditions discrimination due to nationality, is a crime.

One of the main reasons why EEA citizens move to the UK is because of study.  There are three types of students:

-    Independent students
The person can live in the UK until he finishes his studies, but he must support himself.  If the student loses his capacity to look after himself at some point, he may be able to keep his student status and ask for some benefits, or apply for a student loan.

-    Worker students
These are people who have worked in the UK prior to becoming students.  In this case, the students are still considered workers, thus, they maintain their rights to claim benefits.

-    Children of EEA citizen workers
The children of workers who are EEA citizens can study in the UK even if they are not EEA nationals.  They can remain in the UK to continue studying even after their parents leave.

Every person should review his or her specific case with the appropriate UK immigration lawyers to ensure he or she is aware of family members’ responsibilities as well as rights.  Living in the UK can be an amazing and promising experience for the whole EEA national’s family; it can easily be the place they will soon call home, not just because you are there but also because the country is full of attractive possibilities.

If you liked this article, tell all your friends about it. They’ll thank you for it. If you have a blog or website, you can link to it or even post it to your own site (don’t forget to mention www.ukmigrationlawyers.co.uk as the original source).

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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