European Economic Area Family Permit

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 dependant 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, dependants 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.

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 freely ["Directive 2004/38/EC of the European Parliament and 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" [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004L0038:EN:NOT] ] 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:

2. Family members who are not nationals of a Member State shall only be required to have anentry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with nationallaw. 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, SG (2007) A/9244/2, as well as petitons have been brought before the European Parliament, notably petition number 1307/2207, 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 now only available from Entry Clearance Issuing Posts (typically Embassies and/or Consulates) outside the UK [http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1007029395231] and are issued for six months at a time. Family Permits are no longer issued within the United Kingdom as this document has been replaced by a new form called Residence Documentation, which was introduced in October 2006. Applications for residence documentation are made to the Border and Immigration Agency [http://ind.homeoffice.gov.uk/applying/eeaeunationals#] . Applications are free of charge.

In October 2007, the Home Office has produced a new form [http://www.fco.gov.uk/Files/kfile/VAF5_25Oct,0.pdf] for the application. It is 17 pages long and asks for excessive personal information. If you fill out this form, it is worth remembering that you do not have to volunteer all the information it asks for. In a simple situation (married couple, the EEA national is working) you only have to show that

* you are married and living together as a couple,
* in the case of minor children a birth certificate will need to be produced,
* you intend to travel together to the UK or that the your non-EEA family member will join you there at a later date.

These and only these are the documents provided for by the British incorporation of the EU Directive.

Requests for bank statements, work contracts or confirmation of accommodation cannot be requested and should not be supplied, in accordance with Article 12 of the said Immigration Regulations:

Issue of EEA family permit 12. —(1) An entry clearance officer must issue an EEA family permit to a person who applies for one if the person is a family member of an EEA national and—

(a) the EEA national—

(i) is residing in the UK in accordance with these Regulations; or

(ii) will be travelling to the United Kingdom within six months of the date of the application and will be an EEA national residing in the United Kingdom in accordance with these Regulations on arrival in the United Kingdom; (...)

Since the form is new, there is no experience yet concerning how the applications are handled.

Conditions of issue

Datailed information for applicants is available on the UKvisas 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 dependant child of an EEA national and they will be travelling 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 dependant on Public Funds whilst in the United Kingdom.

If staying for less than 3 months there is no need to exercise any treaty right.

Notes

See also

*Visa (document)
*Entry Clearance
*UKvisas
*UK Border Agency
*European Union

http://www.opsi.gov.uk/si/si2006/20061003.htm

http://www.immigrationboards.com/viewforum.php?f=6

http://www.tuttostranieri.it/forum/topic.asp?TOPIC_ID=7444