Before March 2019, the EU Residence Card was widely used by non-EEA extended family members of EEA nationals exercising their treaty rights in the UK, to provide proof of the right of residence. It was and is not mandatory to apply for a Residence Card, however, it can make it easier to prove your right of residence when arriving back in the UK. While it is still possible to apply for an EU Residence Card, this scheme has now been largely superceded by the EU Settlement Scheme (also referred to as the EU Settled and Pre-settled Status schemes)

The EU Settled and Pre-settled Status schemes provide EU nationals (and their family members) who have been living in the UK, the opportunity to stay permanently, now the country has left the EU following the Brexit referendum.

As a London based immigration law firm, AQ Archers Solicitors regularly assists non-EEA family members of EEA nationals in the UK with their immigration matters. We will assess whether an EEA Residence Card or Family Permit is the best option given your circumstances, and recommend another route if it is not.

If you engage our services, we will remove the worry from your shoulders, providing you with the confidence that your application, and that of your family members, has the best chance of success.

Am I eligible for an EEA Residence Card?

To apply for an EEA Residence Card in the UK, you will need to prove you have an EEA national family member or extended family members who is currently exercising their treaty rights in the UK or is a permanent resident (not a UK citizen).

A family member is defined as:

• A spouse or civil partner of an EEA national;
• A child of an EEA national or his/her spouse or civil partner who is under 21;
• A child of an EEA national or his/her spouse or civil partner, aged over 21 and who is dependent on the EEA national or his/her spouse or civil partner;
• A parent or grandparent who is dependent on the EEA national or his/her spouse;

An ‘extended family member’ is defined as:

• An unmarried partner who is in a ‘durable relationship’;
• Other family members, such as brothers, sisters, uncles, aunts, cousins who are dependent on the EEA national or his/her spouse or civil partner;
• A relative of an EEA national or his/her spouse or civil partner who requires personal care from the EEA national on serious health grounds;

Treaty rights means that the individual is working, a jobseeker, self-employed, a self-sufficient person with health insurance, or a student with health insurance;

How do I apply for an EU Residence Card?

You will need to download and complete the relevant application form. There are two versions, as follows:

• Form EEA (FM) – application for a direct family member,
• Form EEA (EFM) – application for an extended family member

With your application, you will need to provide your current passport, two passport photos, a photo of your EEA family member, your EEA family member’s passport or national identity card, and evidence of your relationship to your EEA family member (e.g. marriage certificate, civil partnership certificate, birth certificate, or proof that you have lived together for two years if you’re unmarried).

You will also need to pay a fee of £65.

Why should I engage AQ Archers to assist with my EU Residence Card application?

AQ Archers have considerable experience of helping non-EEA family (and extended family) members of EEA nationals in the UK with their UK residence matters. We have an in-depth understanding of the policies and procedures followed by the UK Home Office, allowing us to quickly spot any possible areas of weakness in your application and advise on the steps necessary to resolve them.

Our team are highly professional and take great care in their client’s immigration matters. You can be assured that by using our services, we will lift the burden of securing immigration clearance from your shoulders, allowing you to focus on your life, your family, and your work.

AQ Archers, based in London, can assist you with all aspects of obtaining ILR based on long residence for you and your family. To speak to one of our consultants, please call 020 8521 2605.