This is a confirmation of right of residence for the non EEA family members of those EEA nationals who are exercising their treaty rights in one of the following ways:

  • Working in the UK on PAYE basis
  • Working as self employed person
  • Being self sufficient and maintaining comprehensive sickness insurance
  • Studying in the UK and maintaining comprehensive sickness insurance

Only family members of the EEA nationals can apply for the residence card and such an application can only be made while remaining in the UK. Once approved, the residence card is issued for a maximum of five years` time. Residence card holders get full rights of working in the UK and can apply for permanent residence upon completing five years of residence in accordance with the EEA regulations provided their EEA national family member continues to exercise their treaty rights in the UK.

There are two categories of family members i.e. Immediate Family members and Extended Family members. Following persons are considered as immediate family members of the EEA national:

  • Spouse / Civil Partner
  • Children under 21 years of age [including step / adopted children]
  • Dependant in the ascending line i.e. parents / grandparents of the EEA national or of his / her spouse / civil partner [They need to be financially dependent on the EEA national]/

Following are considered as extended family members:

  • Children above 21 years of age
  • Siblings
  • Cousins
  • Aunts
  • Uncles
  • Unmarried partners

The difference in both of these categories is that the immediate family members have got right to reside in the UK on the basis of their EEA national`s exercising his / her treaty rights in the UK while the extended family member have to meet a more strict criteria of prior residence with the EEA national out of the UK, financial dependency and other requirements.

Prior legal residence in the UK is not a requirement for this application and as such any one residing in the UK is able to make an application to obtain residence card, provided he can provide all the necessary documentary evidences to establish the relationship and the fact that his EEA national family member continues to exercise his / her treaty rights in the UK.

The EEA regulations may appear straight forward and simple but even a small mistake / omission may result in refusal or rejection of the application or dismissal of the appeal / judicial review claim, resulting in making it even more complex. It is therefore strongly advised to take professional representation and leave this matter in our capable hands.

At Nasim and Co Solicitors, we offer our expertise of advising and representing our clients in making their residence card applications. We have got extensive experience of handling complex immigration casework and can advise on all sorts of immigration matters.  You can contact us at 02085528612 or and one of team members will be in touch with you shortly.