All EEA nationals can still come to the UK and reside here in accordance with the Immigration (European Economic Area) Regulations 2016 but must be able to show a valid passport or identity card issued by an EEA state for entry clearance.
Before Brexit an EU/EEA/Swiss national exercising treaty rights in the UK may want to get a Registration Certificate or document certifying that he/she is a qualified person and to confirm their right of residence under EC law. This was particularly useful when a non-EEA family member wanted to derive rights from the EU/EEA national. Formal permanent residency status can be applied for after 5 years of continually exercising treaty rights. If you have this or indefinite leave to remain you can apply for 'settled' status to remain in the UK under the EU Settlement Scheme or apply for British citizenship before 30th June 2021.
EU Settlement Scheme
If you are an EU, EEA or Swiss citizen, you and your family can apply to the EU Settlement Scheme to continue living in the UK after 30th June 2021. The deadline for applying is 30th June 2021 and the application is free of charge. If your application is successful, you will get either 'settled' or 'pre-settled' status.
Children, if your child or your spouse or civil partners child - is/are under 21 years, they can apply to the EU Settlement Scheme if they have started residing in the UK before 31st December 2020.
Family Members, close family members can join you before 31st Decemeber 2020 and they apply to the EU Settlement Scheme when in the UK. You can still bring family members after the end of 2020 but your relationship must have began before this date.
Settled Status, you will get 'settled' status if you have been living in the UK before 31st December 2020 and you have continuous residence of at least 5 years.
Pre-settled Status, again you must have been living in the UK before 31st Decemeber 2020 and you can apply to change to 'settled' status after 5 years of continuous residence.
EEA Family Permit For The UK
EEA Family Permits are issued free of charge, are valid for 6 months from the date of issue and may be used for multiple entries within this time. Family Permits are also issued to persons seeking entry to the UK through 'Surinder Singh' criteria.
The main requirement of a family permit is: the person accompanying you or the person you'll be joining in the UK is from the European Economic Area (EEA) but not the UK and you’re a non-EU/EEA national (Spouse is considered as EU citizen under Surinder Singh Family Permit application).
There are now 2 main types of Family Permits: (1) the EU Settlement Scheme Family Permit and (2) the EEA Family Permit.
(1) Apply for the EU Settlement Scheme Family Permit if you’re the close family member of an EEA or Swiss national and they have ‘settled’ or ‘pre-settled’ status under the EU Settlement Scheme.You must be a ‘close’ family member, such as a spouse, civil partner, dependent child or dependent parent.
(2) Apply for the EEA Family Permit if you’re a close or extended family member of an EEA or Swiss national.You can be a close or ‘extended’ family member - for example a brother, sister, aunt, uncle, cousin, nephew or niece.
Surinder Singh EEA Family Permit Route
- Ryan Immigration has experience with complex Surinder Singh style Family Permit applications for the United Kingdom. If you would like advice and assistance with your EEA Family Permit application for the UK then contact us right away.
- Even if your non-EU/EEA family member has a Residence Card for an EU member state we still advise to apply for an EU Family Permit for the UK. Presenting your case at the border is not advised, as cases can be complex and take months to get a decision through the normal application route.
- Being self-sufficiient, a student, employed and self-employed are all acceptable eligibility criteria for the British family member. Other Family Permit eligibility includes: living in another EEA member state and having moved your 'centre of life' there. It must be shown that this is your main residence, you live together and you are integrated into the community/society to a certain extent.
- Ryan Immigration will provide you with all the EEA Family Permit advice that you require, make sure you are claiming the correct or best eligibility path. We can assist you filling in your online application form, to arrange your appointment at the nearest visa application centre and help you to compile your documents, and also check them.
Note: The EEA family member must be exercising 'treaty rights', have 'settled' status or have a permanent right of residence in the UK and you would have to apply to the EU Settlement Scheme or else leave the UK after your EEA Family Permit ends unless you are related to your sponsor as: a 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.
EEA Residence Card For The UK
Permanent Residence Cards will be expiring on 30th December 2020, so you need to apply to the EU Settlement Scheme of for British citizenship - if eligible.
EU Citizen Applying For British Passport
In order to apply to become a British citizen as an EU national, you must have a Permanent Residence Document (obtained after 5 years of exercising treaty rights and being a 'qualified person') or have 'Settled Status'. If you're from the EEA or Switzerland and have been: working, studying, self-employed, self-sufficient andor looking for work then you should be quaified through exercising these Treaty Rights.
British citizenship applications as an EU national can only be made after having 1 year Permanent Residence Status or 'Settled' Status, so this means the time frame is 6 years living in the UK as a qualified person, exercising your EU Treaty Rights. The application for this has many more eligibility factors so please seek professional advice.
Settled status is also known as ‘indefinite leave to remain under the EU Settlement Scheme’ and you need this status for 12 months before you can apply for British citizenship.
These are just simplified notes for guidance purposes. To see if you will be eligible and whether this application is appropriate or necessary for you and/or your family member then contact Ryan Immigration today. There are many other possible scenarios and essential parts of these applications - so working with your dedicated UK immigration advisor should get you the right results.