We have years of experience dealing with EU applications for individuals who are or have family from the European Economic Area (EEA). In the wake of Brexit, we understand that these are troubling times for many and that is why it is fundamental you feel assured and comfortable throughout your application process. Our immigration team will ensure that you are supported throughout, giving tailored advice to meet your needs.
Applications that fall within this category include applications under the EU settlement scheme if you or a ‘close’ family member is an EU national applying from within the UK. We also have years of experience in making entry clearance applications for EEA family members applying from outside the UK under the EEA Family Permit Scheme for both close and extended family members. This has enabled our immigration department to develop a formidable reputation within this field, ensuring our clients receive the best advice, up to date with all recent developments, to give our clients the greatest chance of success.
Applications that fall within this category are detailed below:
EU Settlement Scheme
If you are an EU citizen, the ‘close’ or extended family member of an EU citizen, you can apply under the EU settlement scheme. If you have resided in the UK for 5+ years you may be eligible for settled status (indefinite leave to remain). If you have lived in the UK for at least 1 day in the past 6 months, you will be eligible to apply for PRE-SETTLED status under this same scheme, giving the applicant 5-years residency in the UK.
EEA Family Permit
This application is for family members of an EU citizen who live outside the UK. This is applicable to both ‘close’ and ‘extended’ family members. This will grant family members 6 months residency in the UK if successful, after which one will have to apply under the EU settlement scheme to attain pre-settled states.
The Issue of Dependency
This is the most crucial element of ALL applications made under this route. A failure to show dependency will often result in a refusal of the application. This is why it is crucial that you receive the best legal advice to ensure that all aspects of your application are covered. Our team of immigration experts in each of our London offices have a wealth of experience in providing advice to our clients on how to best evidence this element of their application
Derivative Rights of Residence
As explained in the Home Office guidance, derivative rights are those that come from other instruments of EU law rather than the ‘Free Movement Directive’ (2004/38/EC). Such applications are made on the DRF 1 form, and the categories of those applicable under this route are named after applicants in landmark cases:
Those applicable under this route need to show that they are the primary carer of an EEA national child, where requiring the primary carer to leave the UK would prevent the EEA national child from exercising their free movement rights. Our immigration departments in each of our London offices have years of experience in making such applications to ensure the best chance of your success.
Those applicable under this route need to show they are the primary carer of a British citizen child or dependent adult. It must be shown when making these applications that were the application refused, it would be necessary for the British citizen to leave the EEA. Evidencing these claims can be complex and require the depth of experience that our immigration department holds to give your application the best chance of success.
Ibrahim and Teixeira
Those applicable under this route will be the primary carer of a child of an EEA national worker/former worker. The child must still be in education in the UK, and it must be shown that were the primary carer removed it would prevent the relevant child from continuing their education in the UK. These applications are notoriously difficult to evidence and require expert advice when preparing one’s application. Our immigration departments in both our London offices have successfully supported our client’s through this process and have harnessed a great reputation as a result.
- Dependent Children – Dependent children under the age of 18 of the primary carer in the categories identified above will be able to make an application. In order to do so, the primary carer must qualify in the above categories, and it must be shown that forcing the dependent to leave the UK will also result in the carer having to leave.
Retained Right of Residence
Where an applicant was previously eligible under an EEA route, but their connection has since broken down, they could be eligible to apply for a retained right of residence if they fall into the following categories:
- The EEA sponsor has died, and the applicant has lived in the UK for at least 1 year before they died
- The applicant is a child of an EEA national who has died or left the UK
- The applicant is the child of the spouse of an EEA national, who was in education at the time of their death and continues to be in education.
Key to this application, like those stated above, is to show that the previous EEA sponsor was recognised as a ‘qualified person’. This means they must have been either:
- A job seeker
In order to show the above requires specific documentation to support your application. To do so requires comprehensive immigration advice provided by our solicitors across either of our London offices. We will ensure that your application stands the best chance of success
Why Adam Bernard Solicitors?
- Our team of immigration solicitors have years of experience in navigating the complexities of EU Law.
- We have achieved numerous successes for our clients as evidenced through our client testimonies.
- Our experienced team will ensure that you are comprehensively advised on what is the best route for you to achieve you goal.
- To ensure that your application stands the best chance of success, please visit either of our London offices and speak to a member of our team.