EEA family permit
Encyclopedia
A European Economic Area Family Permit (short: EEA family permit) is an immigration document that permits the holder to enter the United Kingdom as the dependent of a citizen of the European Economic Area
(EEA). The documents are not conventionally visas
as they are issued under the authority of free movement provisions of the Treaty of Rome
and European Law rather than domestic United Kingdom immigration regulations. Additionally, dependents of citizens of Switzerland
can also apply for this document although Switzerland is not a member of the EEA. A family permit can be issued for both a short term visit and/or to enable to holder to take up residence in the UK. As the documents are only valid for six months a person seeking to remain in the UK will need to apply for residence documentation from the Border and Immigration Agency
.
This directive defines the right of free movement of EU citizens, which is one of the Four Freedoms (European Union)
and enshrined in the Treaty of Rome. The directive has been incorporated in UK legislation by The Immigration (European Economic Area) Regulations 20062 (see EEA Regulations (UK)
).
It should be noted, however, that according to article 5, paragraph 2 of the Directive:
This clearly states that possession of a visa (and of an EEA Family Permit, which is a visa-like document) can only be asked from family members not in possession of a residence card issued by any EEA country or Switzerland. This, unfortunately, is not the case, as the UK asks all non-EEA family members to apply for an EEA Family Permit.
This is due to the faulty incorporation of the Directive by The Immigration (European Economic Area) Regulations 2006 , where article 2:
Limits the validity of the residence card en lieu of a visa solely to the cards issued by the United Kingdom.
Several complaints have been made to the European Commission, notably Complaint number 2008/4161, , as well as petitions have been brought before the European Parliament, notably Petition number 1307/2007 http://www.europarl.europa.eu/meetdocs/2009_2014/documents/peti/dv/peti_cm%282008%29414051_/peti_cm%282008%29414051_en.pdf, seeking to resolve this problem. Both named documents were brought before the respective bodies by Mr and Mrs Richard Willmer, a UK citizen exercising treaty rights (i.e. working) in Italy and his Russian wife, but who represent many other EEA citizens who cannot reasonably go to the UK because of their non-EEA family member's need for an EEA Family Permit.
It is also to be noted that such an entry clearance is actually not required, if we consider Article 11 of The Immigration (European Economic Area) Regulations 2006:
Even though normally not extending to family members of UK citizens, the exemption above applies to the former, if the latter is exercising treaty rights in another EEA state. These are known as "Surinder Singh Cases". This has also been provided for in the UK EEA regulations, Article 12:
It is hoped that soon EEA family members already in possession of a residence card as a family member issued by an EEA state or Switzerland will be able to travel freely to the United Kingdom, as guaranteed by the Directive, without the need to apply for this visa-like document.
or Family member residence stamp in the first 12 months for A8
national family members) replaces the family permit for stays longer than six months. Applications for residence documentation are made to the UK Border Agency
. Both applications are free of charge.
website http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1018721068382 but in essence family permits will be issued if the applicant is the spouse, civil partner or dependent child of an EEA national and they will be traveling to the UK with that person. There are also requirements connected to the need for the EEA person, if staying for more than 3 months, to be economically active or to be a self-sufficient person (this is called "exercising a treaty right") and for the family unit not to fall dependent on public funds whilst in the United Kingdom.
If staying for less than 3 months there is no need to exercise any treaty right.
European Economic Area
The European Economic Area was established on 1 January 1994 following an agreement between the member states of the European Free Trade Association and the European Community, later the European Union . Specifically, it allows Iceland, Liechtenstein and Norway to participate in the EU's Internal...
(EEA). The documents are not conventionally visas
Visa (document)
A visa is a document showing that a person is authorized to enter the territory for which it was issued, subject to permission of an immigration official at the time of actual entry. The authorization may be a document, but more commonly it is a stamp endorsed in the applicant's passport...
as they are issued under the authority of free movement provisions of the Treaty of Rome
Treaty of Rome
The Treaty of Rome, officially the Treaty establishing the European Economic Community, was an international agreement that led to the founding of the European Economic Community on 1 January 1958. It was signed on 25 March 1957 by Belgium, France, Italy, Luxembourg, the Netherlands and West Germany...
and European Law rather than domestic United Kingdom immigration regulations. Additionally, dependents of citizens of Switzerland
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
can also apply for this document although Switzerland is not a member of the EEA. A family permit can be issued for both a short term visit and/or to enable to holder to take up residence in the UK. As the documents are only valid for six months a person seeking to remain in the UK will need to apply for residence documentation from the Border and Immigration Agency
Border and Immigration Agency
The Border and Immigration Agency was an executive agency of the British Home Office, created on 1 April 2007. The Agency assumed the responsibilities of the Immigration and Nationality Directorate for managing immigration control in the UK...
.
Legal framework
The framework for the issue of an EEA family permit is defined in the Directive 2004/38/EC on the right to move and reside freelyDirective 2004/38/EC on the right to move and reside freely
The Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States...
This directive defines the right of free movement of EU citizens, which is one of the Four Freedoms (European Union)
Four Freedoms (European Union)
The European Union's Internal Market seeks to guarantee the free movement of goods, capital, services, and people – the EU's four freedoms – within the EU's 27 member states.The Internal Market is intended to be conducive to increased competition, increased specialisation, larger...
and enshrined in the Treaty of Rome. The directive has been incorporated in UK legislation by The Immigration (European Economic Area) Regulations 20062 (see EEA Regulations (UK)
EEA Regulations (UK)
The Immigration Regulations 2006 amended by SI 2009/1117 and SI 2011/1247 constitute the law that implements the right of free movement of EEA nationals and their family members in the United Kingdom. It is based on Directive 2004/38/EC...
).
It should be noted, however, that according to article 5, paragraph 2 of the Directive:
2. Family members who are not nationals of a Member State shall only be required to have an
entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national
law. For the purposes of this Directive, possession of the valid residence card referred to in Article 10 shall exempt such family members from the visa requirement.
This clearly states that possession of a visa (and of an EEA Family Permit, which is a visa-like document) can only be asked from family members not in possession of a residence card issued by any EEA country or Switzerland. This, unfortunately, is not the case, as the UK asks all non-EEA family members to apply for an EEA Family Permit.
This is due to the faulty incorporation of the Directive by The Immigration (European Economic Area) Regulations 2006 , where article 2:
- "residence card" means a card issued to a person who is not an EEA national, in accordance with regulation 17, as proof of the holder's right of residence in the United Kingdom as at the date of issue;
- "permanent residence card" means a card issued to a person who is not an EEA national, in accordance with regulation 18, as proof of the holder's permanent right of residence under regulation 15 as at the date of issue;
Limits the validity of the residence card en lieu of a visa solely to the cards issued by the United Kingdom.
Several complaints have been made to the European Commission, notably Complaint number 2008/4161, , as well as petitions have been brought before the European Parliament, notably Petition number 1307/2007 http://www.europarl.europa.eu/meetdocs/2009_2014/documents/peti/dv/peti_cm%282008%29414051_/peti_cm%282008%29414051_en.pdf, seeking to resolve this problem. Both named documents were brought before the respective bodies by Mr and Mrs Richard Willmer, a UK citizen exercising treaty rights (i.e. working) in Italy and his Russian wife, but who represent many other EEA citizens who cannot reasonably go to the UK because of their non-EEA family member's need for an EEA Family Permit.
It is also to be noted that such an entry clearance is actually not required, if we consider Article 11 of The Immigration (European Economic Area) Regulations 2006:
Right of admission to the United Kingdom
11. (...)
(2) A person who is not an EEA national must be admitted to the United Kingdom if he is a family member of an EEA national, a family member who has retained the right of residence or a person with a permanent right of residence under regulation 15 and produces on arrival—
(a) a valid passport; (...)
(
4) Before an immigration officer refuses admission to the United Kingdom to a person under this regulation because the person does not produce on arrival a document mentioned in paragraph (1) or (2), the immigration officer must give the person every reasonable opportunity to obtain the document or have it brought to him within a reasonable period of time or to prove by other means that he is—
(...)
(b) a family member of an EEA national with a right to accompany that national or join him in the United Kingdom; or
(c) a family member who has retained the right of residence or a person with a permanent right of residence under regulation 15.
Even though normally not extending to family members of UK citizens, the exemption above applies to the former, if the latter is exercising treaty rights in another EEA state. These are known as "Surinder Singh Cases". This has also been provided for in the UK EEA regulations, Article 12:
Family members of United Kingdom nationals
9. —(1) If the conditions in paragraph (2) are satisfied, these Regulations apply to a person who is the family member of a United Kingdom national as if the United Kingdom national were an EEA national.
(2) The conditions are that—
(a) the United Kingdom national is residing in an EEA State as a worker or self-employed person or was so residing before returning to the United Kingdom; and
(b) if the family member of the United Kingdom national is his spouse or civil partner, the parties are living together in the EEA State or had entered into the marriage or civil partnership and were living together in that State before the United Kingdom national returned to the United Kingdom.
(3) Where these Regulations apply to the family member of a United Kingdom national the United Kingdom national shall be treated as holding a valid passport issued by an EEA State for the purpose of the application of regulation 13 to that family member.
It is hoped that soon EEA family members already in possession of a residence card as a family member issued by an EEA state or Switzerland will be able to travel freely to the United Kingdom, as guaranteed by the Directive, without the need to apply for this visa-like document.
Application
EEA Family Permits are available from any Entry Clearance Issuing Posts (typically Embassies and/or Consulates) outside the UK and are issued for six months at a time. Within the United Kingdom a Residence Documentation (Residence CardResidence Card
European Economic Area citizens have the right of free movement and residence throughout the EEA. This right also extends to certain family members, even if they are not EEA citizens. A Residence card of a family member of Union citizen is issued to the family member to confirm this right of...
or Family member residence stamp in the first 12 months for A8
A8
A8, A08, A 8 or A-8 may refer to:* Arrows A8, a 1985 British racing car* ATC code A08 Antiobesity preparations, excluding diet products, a subgroup of the Anatomical Therapeutic Chemical Classification System...
national family members) replaces the family permit for stays longer than six months. Applications for residence documentation are made to the UK Border Agency
UK Border Agency
The UK Border Agency is the border control body of the United Kingdom government and part of the Home Office. It was formed on 1 April 2008 by a merger of the Border and Immigration Agency , UKvisas and the Detection functions of HM Revenue and Customs...
. Both applications are free of charge.
Conditions of issue
Detailed information for applicants is available on the UKvisasUKvisas
UKVisas was the executive arm of the British Government responsible for processing applications for entry clearance to the United Kingdom. It was an executive agency jointly run by the Foreign and Commonwealth Office and the Border and Immigration Agency. On 1 April 2008, UKVisas was absorbed into...
website http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1018721068382 but in essence family permits will be issued if the applicant is the spouse, civil partner or dependent child of an EEA national and they will be traveling to the UK with that person. There are also requirements connected to the need for the EEA person, if staying for more than 3 months, to be economically active or to be a self-sufficient person (this is called "exercising a treaty right") and for the family unit not to fall dependent on public funds whilst in the United Kingdom.
If staying for less than 3 months there is no need to exercise any treaty right.
See also
- Visa (document)Visa (document)A visa is a document showing that a person is authorized to enter the territory for which it was issued, subject to permission of an immigration official at the time of actual entry. The authorization may be a document, but more commonly it is a stamp endorsed in the applicant's passport...
- Entry Clearance
- UKvisasUKvisasUKVisas was the executive arm of the British Government responsible for processing applications for entry clearance to the United Kingdom. It was an executive agency jointly run by the Foreign and Commonwealth Office and the Border and Immigration Agency. On 1 April 2008, UKVisas was absorbed into...
- UK Border AgencyUK Border AgencyThe UK Border Agency is the border control body of the United Kingdom government and part of the Home Office. It was formed on 1 April 2008 by a merger of the Border and Immigration Agency , UKvisas and the Detection functions of HM Revenue and Customs...
- European UnionEuropean UnionThe European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...