Family members and the European law

Danielle Cohen
By Danielle Cohen Immigration Law Solicitor Linkedin
Danielle Cohen has over 20 years of experience as a lawyer and a reputation for offering professional, honest and expert advice.
14 August 2012

EEA national has a right to reside in the United Kingdom under the 2006 Regulations.

As confirmation of this right of residence, non-EEA national family members may apply for a residence card, which if issued, will be valid for 5 years, or shall be valid for the envisaged period of residence in the UK of the EEA national. A residence card takes the form of an endorsement in the non-EEA national’s passport and confirms a right of residence for a given period.

The UK currently imposes no requirement for the non-EEA national family member of an EEA national to obtain a residence card. However such persons may be inconvenienced if they do not obtain a residence.

Persons who qualify as family members are set out in regulation 7 and extended family members are covered by regulation 8 of the 2006 Regulations.
“Only if a person has been recognised as an extended family member and issued with a residence card (or EEA family permit or registration certificate) is he to be treated as a ‘family member’, with consequential rights deriving from EU law.”

Until an applicant is recognised as an extended family member and issued with a residence card (or EEA family permit or registration certificate) he has no rights deriving from EU law.

That’s where we come in. Our experienced lawyers are fully trained in all aspects of immigration law and deal daily with the rights of both EU as well as non-EU nationals to help move the process forwards, and with so many requirements to fulfil it’s essential you’ve got experts on your side to help.

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We’re perfectly placed to offer that kind of advice, and with expertise in all aspects of British nationality law you can be confident in getting advice you can trust. Our lawyers are dedicated to helping people apply for British citizenship and to being recognised as the family member of an EEA national. We can help move your case forwards, so if you want in-depth support to help ensure your application is successful make sure to get in touch and see how we can help.