EU Legislation

Forms for EU Nationals For Leave to Remain

EU nationals have no right to be in the UK after three months of entry unless the EU national becomes a “qualified person”.  In other words, he or she are working, self-employed, self-sufficient or a student in possession of comprehensive sickness insurance.  In order to make an application for a residence card the EA national has to complete form EA(QP).  Please note that these forms change regularly and before you submit an application make sure that you have an up to date form.  If you are making an application yourself, without the assistance of a lawyer, please make sure that you provide evidence of your identity and nationality, a valid passport or a valid EA national identity card.

Please note that all applications made after 1st February 2017 must be made when the applicant is in the UK.  Applications can also be made on line using specified hard copy form and this form can be found on the Gov.UK web site. Applications made by post must be sent to the specified address on the specified hard copy form with the relevant fee and accompanying documents and evidence.  EA nationals may choose to apply for a registration certificate with Croydon Premium Service Centre and must book the appointment in advance on line, at Gov.UK.

All the sections of the form must be completed and the fee must be paid.  Applications have been considered as invalid when incomplete.  Therefore always ask “Have I made the payment, have I provided my details, have I signed my declaration, have I provided documents”.

Applications submitted on line must be joined by the relevant evidence or proof required within 10 calendar days of the application being submitted.  Applications submitted by post or in person should be accompanied by the relevant evidence or proof required at the time of the submission.  From 18th March 2016 the Home Office can retain an administration fee from in country charge applications that are rejected as invalid.  Your refund will be paid minus £25 administration fee.

Who can apply for a Registration Certificate as a Qualified Person

EA nationals who are in the UK as qualified persons such as workers, self-employed persons, self-sufficient persons, students and job seekers.  The form is EA(QP)( https://www.gov.uk/government/publications/apply-for-a-registration-certificate-as-a-qualified-person-form-eea-qp)

Who can apply for a permanent residence card

EA nationals or non-EA nationals who have acquired permanent residence by residing in the UK in accordance with the Regulations for a continuous period of five years or being an EA national or family member of an EA national with whom they reside who have ceased activity in accordance with Regulation 5.

The Non EA National family members

The non EA national family members can apply for a residence card or permanent residence card and they must give the biometric information to be issued with the documents confirming the right to reside in the UK. Their application will only be valid once they have enrolled for biometric cards.  It only applies to non-EA nationals.  EA nationals do not need to give biometric information.

EU Family members of British nationals for British Citizens

The conditions of family members of British citizens who apply for a residence card are called Surinder Singh cases.  The conditions are set in Regulation 9 of the Immigration European Economic Area Regulation 2016 and they reflect the Court of Justice of the European Union judgement in the cases of Surinder Singh; Eind, O and B; S and G.  The applicant must be a direct family member of a British citizen and the Home Office will issue a residence card to direct family members of a British citizen.

Below is the guidance from the Home Office website:

You must issue a residence card to the direct family member of a British citizen if:

 the British citizen exercised free movement rights as a worker, self-employed person, self-sufficient person or student in an EEA host country immediately before returning to the UK, or had acquired the right of permanent residence in the EEA host country

 the British citizen would satisfy the conditions for being a qualified person if they were an EEA national

 the family member and British citizen resided together in the other EEA member state and that residence was genuine

 the purpose of the residence in the EEA host country was not as a means to circumvent any UK immigration law applying to non-EEA nationals (for example the Immigration Rules)

All applicants must include evidence of identity and nationality both to the applicant and the British citizen sponsor.   You must submit evidence that the British citizen is a qualified person and you must provide evidence of the relationship.  The Home Office must be satisfied that the marriage or civil partnership is legally valid and the applicant must provide evidence that the British citizen lived and exercised free movement rights as a worker or as a self-employed person, self-sufficient, student in the EA host country, immediately before returning to the UK and acquired the right of permanent residence in the host country following five years residence as a qualified person.  If it is claimed that the British citizen had acquired the right of permanent residence in the host country evidence must be provided for it.  Presenting an Article 19 card, permanent residence card for family members who are not nationals of EA in host countries would not usually suffice.

Most difficulty in these cases is to satisfy the Home Office that their residence in the other EU national was a genuine residence and it means residence which enables the British citizen and their family to create and strengthen family life in the EEA host country.  The Home Office provides guidance as to the factors that should be taken into account.

“Factors relevant to whether residence in the EEA host country was genuine include:

 whether the centre of the British citizen’s life transferred to the EEA host country

 the length of the applicant and British citizen’s joint residence in the EEA host country

 the nature and quality of the applicant and British citizen’s accommodation in the EEA host country, and whether it is or was the British citizen’s principal residence

 the degree of the applicant and the British citizen’s integration in the EEA host country”

https://www.gov.uk/government/publications/eea-family-permits-eun02/eea-family-permit-eun02

About the author

Danielle Cohen

As a Human Rights and Immigration lawyer with 20 years’ experience Danielle has assisted many thousands of people and achieved excellence in her profession.

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