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EUN02 - EEA Family Permits

EEA Family Permits
Last updated 23 March 2009

This is internal guidance for use by entry clearance staff on the handling of applications made outside the United Kingdom (UK). It is a live document under constant review and is for information only.

Entry Clearance Guidance - Recent updates

Guidance

Further information

 

EUN2.1 What is an EEA family permit?

An EEA family permit is a document similar to an entry clearance which has been given the name "EEA family permit" to distinguish it from a visa or entry clearance issued under the Immigration Rules. Instead, EEA family permits are issued under the Immigration (European Economic Area) Regulations 2006 and not the Immigration Rules.  It is issued for six months in all cases and is free of charge.

A non-EEA national family member of an EEA national must hold an EEA family permit if they are coming to the UK with the EEA national or joining them in the UK.
If the family member is not travelling with the EEA national or will not be joining them in the UK, they need to apply for entry clearance under the Immigration Rules.

However, please note, that if a family member who is travelling with, or is to join the EEA national in the UK requests a visit visa under the Immigration Rules, you should offer him (or her) the option of applying for a family permit under EC law free of charge.

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EUN2.2 Where can an EEA family permit be issued?

EEA family permits may be obtained from any visa issuing post.  It is not necessary for an applicant to be lawfully or normally resident in the country to apply.

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EUN2.3 How quickly do I need to issue an EEA family permit?

Priority must be given to applications for EEA family permits. Wherever possible a decision should be made at the time it is lodged or after the interview is conducted.

However, the Regulations do not say that EEA family permits must be issued on the day that the application is made. Where doubts exist, further enquiries should be made and credibility should be tested. As long as delays are justifiable, applications can be tested until the ECO is fully satisfied.

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EUN2.4 What are the requirements for issuing an EEA family permit?

In assessing an application, the ECO should be satisfied that:

  1. the applicant is the family member of the EEA national (marriage certificate, birth certificate or other evidence of family link)
  2. the EEA national is residing in the UK in accordance with the EEA Regulations (as qualified person if more than 3 months) and the non-EEA national is joining them; or
    the EEA national intends to travel to the UK within 6 months and will have a right to reside under the Regulations on arrival, and the non-EEA national will be accompanying or joining the EEA national; and
  3. if applying as a spouse or civil partner, there are no grounds to consider that the marriage or civil partnership is one of convenience (see Annex ….); and 
  4. if applying as dependent family members (dependent children 21 and over and dependent relatives) they are dependent on the EEA national or the EEA national’s spouse or civil partner; and
  5. neither the applicant nor the EEA national should be excluded from the UK on the grounds of public policy, public security or public health.

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EUN2.5 What did the ECJ judgment on Metock say in relation to issuing EEA family permits?

The ECJ judgement on Metock in July 2008 prohibited Member States from having a general requirement for third country national spouses of EEA nationals to be lawfully resident in another EEA member state before they can benefit from a right to reside under the EU Free Movement of Persons Directive.  Therefore, we can no longer apply the lawful residence requirement (which was based on the case of Akrich) or our own domestic legislation (the Immigration Rules) to family members seeking first admission to the EEA from outside the EEA.
 

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EUN2.6 Who are an EEA national’s family members?

The family members of an EEA national (part 7 of the EEA Regulations) include:

  • spouses or civil partners;
  • direct descendants of the EEA national or their spouse/ civil partner under 21;
  • dependent direct descendants of the EEA national or their spouse/ civil partner 21 and over; 
  • dependent direct relatives in the ascending line eg. parents and grandparents of the EEA national or their spouse/civil partner.

Financial dependence should be interpreted as meaning that the family member needs the financial support of the EEA national or his or her spouse/ civil partner in order to meet the family member’s essential needs in the country where they are present – not in order to have a certain level of income. 

Important:
The direct descendants of an EEA national who are under 21 do not need to prove that they are dependant on the EEA national in order to qualify for an EEA family permit.Only the spouse/civil partner and dependent children under 21 are considered as family members of an EEA national exercising Treaty rights as a student who has been in the UK for more than three months.

Where the applicant can show that he/ she is a family member of an EEA national, an ECO must issue an EEA family permit if the requirements for issuing a family permit (see below) are met. 

 

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EUN2.7 Who are an EEA national’s extended family members?

An extended family member of an EEA national is any other relative who meets one of the requirements listed in regulation 8 of the EEA Regulations.

An applicant may be considered for an EEA family permit as an extended family member if they are:

  • residing in the same state in which the EEA national also resides and are dependent on the EEA national or are a member of the EEA national’s household; and
  • accompanying the EEA national to the UK or wishing to join them there.
If the applicant does not meet both of these criteria, they can also be considered for an EEA family permit as an extended family member if they are:
  • a relative of the EEA national or his spouse/ civil partner and on serious health grounds, require the personal care of the EEA national or their spouse/ civil partner; or
  • a relative of the EEA national and would meet the requirements, other than those relating to entry clearance) in the Immigration Rules for indefinite leave to enter the UK as a dependent relative (paragraph 317) of the EEA national were the EEA national present and settled in the UK; or
  • a partner of the EEA national (other than a civil partner) and can prove to the ECO that they are in a durable relationship with the EEA national.   
Where the applicant can show that he/ she is the extended family member of an EEA national, the ECO may issue an EEA family permit if in all circumstances, it appears to the ECO appropriate to issue the EEA family permit.  Therefore, an EEA family permit may be refused:
  • where refusing the family member would not deter the EEA national from exercising his/her Treaty rights or would not create an effective obstacle to the exercise of Treaty rights; 
  • if the applicant would have been refused entry to the UK on general grounds for refusal had they been applying for entry under the Immigration Rules;
  • maintenance and accommodation requirements aren’t met eg.  the non-EEA national’s admittance would result in recourse to public funds.

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EUN2.8 What supporting documents should family members include in their application?

Please read our Guidance - EEA & Swiss nationals (INF 18) .



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EUN2.9 How do I establish dependency under the EEA Regulations?

The applicant must be wholly or mainly financially dependent on the EEA principal to meet his/ her essential needs in order to qualify for an EEA family permit.  Whilst the following criteria are not in themselves grounds for refusal, they should be taken into consideration when assessing dependent relatives:

  • Whether there are any other close relatives in the country of origin from whom the family member receives material support.  If a family member receives funds from the EEA national but, for example, is living in the same household as another relative who provides their food and accommodation, the family member cannot be said to need the financial support of the EEA national in order to meet his/ her essential needs.
  • Whether the family member leading an independent life.  For example, if a direct descendent 21 or over is married (and especially if they have children), it may be questionable as to whether the EEA national is supporting the essential needs of both the family member and their spouse and children.  In such cases additional attention should be paid to ensure that the financial essential needs of the family are being met by the EEA national. 

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EUN2.10 What if I suspect a marriage/civil partnership of convenience?

The definition of 'spouse' and 'civil partner' in the EEA Regulations does not include someone who has entered into a marriage/civil partnership of convenience.

When a marriage/civil partnership of convenience is suspected, the burden of proof is high and rests with the ECO. However, in these cases the ECO is entitled to interview the applicant. Factors to consider include:

  • an adverse immigration history;
  • doubts about the validity of documentation;
  • application follows soon after the marriage/civil partnership;
  • no previous evidence of the relationship.
The ECO should not consider the following cases as marriages/civil partnerships of convenience where:
  • there is a child of the relationship;
  • there is evidence to suggest cohabitation.
Further guidance on marriages or civil partnerships is available at Annex.

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EUN2.11 How do unmarried partners qualify for an EEA family permit?

An unmarried partner can be considered for an EEA family permit as an extended family member if they are in a 'durable relationship' with the EEA national and would satisfy the same criteria used for unmarried partners under paragraph 295A of the Immigration Rules ie. that the that the parties have been living together in a relationship skin to marriage or civil partnership which has subsisted for at least 2 years.


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EUN2.12 Can fiancé(e)s, and proposed civil partners qualify for an EEA family permit?

Fiancé(e)s and proposed civil partners are not recognised as family members or extended family members in the EEA Regulations. However, provisions have been made for fiancé (e)s and proposed civil partners of EEA nationals paragraph 290 of the Immigration Rules. . Fiancé(e)s and proposed civil partners of EEA nationals applying under these Rules will have to pay the usual fee. For the purposes paragraph 290 of the Immigration Rules, an EEA national who is a qualified person in the UK is considered as present and settled.

 

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EUN2.13 Can adopted children qualify for an EEA family permit?

The UK currently recognises adoptions that have taken place legally in the majority of EEA Member States (as they are either included on the designated list or because they are Hague Convention states). Switzerland is also on the designated list of recognised countries.

The exceptions to this are Hungary, which has signed the Hague Convention but not yet acceded to or ratified it and Liechtenstein (because it is not on the designated list, nor has it signed the Hague convention). In some (very rare) circumstances adoption orders made in Convention countries may not automatically be recognised in the UK. This is because only adoptions made as 'convention' adoptions are recognised (based on Article 17(c) agreements). In general, however, a child legally adopted in one of the recognised Member States should qualify for an EEA family permit provided that they meet the relevant criteria.

If the United Kingdom does not recognise a country's adoption orders an EEA national would need to re-adopt the child in the UK (or in any country whose adoption orders are recognised by the United Kingdom) in order for the relationship to gain legal recognition in the UK. This would apply if, for example, an EU national adopted a child in a country not on the designated adoption list.

 

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EUN2.14 Can family members of British citizens qualify for an EEA family permit? ('Surinder Singh' cases)

A British national and his/ her non-EEA national family members can only benefit from free movement rights if they meet the criteria established in the ECJ case of Surinder Singh. The case stated that nationals of a Member State who are exercising an economic Treaty right (i.e. as a worker or self-employed person) in another Member State will, on return to their home state, be entitled to bring their non-EEA family members to join them under EC law.

Example: A British national is exercising an economic Treaty right in Germany and living with his non-EEA national spouse and children. On the British national's return to the UK, his non-EEA national family members can apply for an EEA family permit to join him under EC law.

The Surinder Singh judgement is incorporated into the EEA Regulations in Regulation 9. Family members of British nationals who meet the requirements of Regulation 9 are treated as family members of EEA nationals for the purposes of the EEA Regulations.

Applications for EEA family permits must meet the following criteria:

  • The British citizen is residing in an EEA Member State as a worker or self-employed person or was doing so before returning to the UK.
  • If the family member of the British citizen is their spouse or civil partner, they are living together in the EEA country or they entered into the marriage or civil partnership and were living together in that EEA country before returning to the UK.

Because EEA nationals have an initial three months right of residence in the UK, there is no requirement for the British national to be a qualified person on arrival. Therefore, an EEA family permit can be issued to the non-EEA national family member of a British national even if they are only visiting the UK with the British national before returning to the Member State where they are resident.

It does not matter if the only reason the British national went to another Member State was to exercise an economic Treaty right was so that he/ she could come back to the UK with his/ her family members under EC law.

The ECO should seek advice from ECO Support where unsure about the decision to be taken in applying the Surinder Singh judgement.

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EUN2.15 Can family members of dual nationals/ Irish nationals and EEA nationals with settled status qualify for an EEA family permit?

This guidance is currently under review, but please refer to ECO Support for interim instructions.

 

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EUN2.16 Can EEA family permit applicants be DNA tested?

DNA tests may be used as a last resort, but only where all other means of establishing the relationship have been exhausted and there is demonstrable doubt in respect of the authenticity of the claimed relationship.

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EUN2.17 Can I invite an applicant in for interview?

The ECO can invite an applicant in for interview as long as any delay or deferral can be justified. The ECO should consider inviting an applicant for interview in the following circumstances:

  • Strong grounds to doubt applicant is related as claimed to EEA national
  • Strong grounds to doubt that applicant is genuinely dependent on the EEA national (except spouses and descendants under 21)
  • Strong grounds to doubt that EEA national is in, or will be going to, the UK
  • Strong grounds to doubt that the EEA national is, or will be, a qualified person
  • Strong grounds to suspect the EEA national intends to 'drop off' the applicant and return to the country of origin
  • Strong grounds to suspect a marriage of convenience
  • Strong doubts about identity of applicant
  • Strong grounds to consider refusing on the basis of Public Policy, Public Health or Public Security.

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EUN2.18 When should I refer/defer an application to UKBAIG or the Home Office?

If, after consulting this guidance, the ECO is still unsure as to the appropriate course of action to take when assessing an EEA family permit application, the ECO should contact ECO Support for advice.

Applications should be referred to the Home Office (European Casework Group) in the following circumstances:

  • Where a refusal is considered on the grounds of public policy, public security or public health in accordance with Regulation 21. The provision for refusal of an EEA family permit on public grounds is distinct from the provision in the Immigration Rules for refusal on non-conducive, criminal conviction and medical grounds. The level of evidence required for refusals in these cases is high. A person's previous criminal convictions alone do not justify a refusal.
  • Where an applicant is the subject of a deportation or exclusion order. The applicant must apply first for the order to be revoked. If successful, upon application for the family permit, the case must be referred to European Casework Group.
  • Where ECO Support has recommended referral/deferral to European Casework Group.

Referrals to the European Casework Group must be sent to the HOReferralsLon mailbox and marked "Urgent. Non-EEA family member of an EEA National".

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EUN2.19 What are the visa endorsements for EEA family permits?

The applicant should be issued a Category D Vignette with one of the following endorsements:
D: 'EEA FP:  FAMILY MEMBER: [TO ACC 'Name of EEA national']
OR
D: 'EEA FP:  FAMILY MEMBER: [TO JOIN 'Name of EEA national']

The EEA family permit should be valid for 6 months from the date of issue and may be used for multiple entries to the UK during that period. It should carry the name of EEA national in the 'add endorsement' field and should indicate whether the non-EEA national will be accompanying or joining the EEA national in the UK.

You should explain to the applicant that:

  • The permit will indicate to the Immigration Officer that the holder is the family member of an EEA national living in the UK in accordance with the Regulations
  • The Immigration Officer has the right to refuse entry to a permit holder if:
    • the revocation is justified on grounds of public policy, public security or public health; or
    • the holder is not at that time the family member of an EEA national living in the UK in accordance with the Regulations
  • After entry to the UK the holder can apply to the Home Office for a residence card. A residence card (an endorsement in the holder's passport) enables the holder to re-enter the UK without the need for an EEA family permit for as long as they are the family member of an EEA national with a right of residence in the UK. A residence card, which is normally valid for five years, is simply a confirmation of the holder's right of residence in the UK - it is not a compulsory requirement.  See further guidance on applying for residence cards.

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EUN2.20 Applications from direct descendants under 18

In order to protect the interests of minors, ECOs should ensure that they have established parental responsibility for children applying for EEA family permits as direct descendants of EEA nationals, particularly where one or both parents will not be accompanying the child to the UK.  In these cases it is reasonable to ask for the written consent of the child’s parent(s) or legal guardian(s) for the child to travel before issuing the EEA family permit. 

 

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EUN2.21 Refusal on grounds of public policy, public security or public health

EEA nationals or non-EEA national family members may also be refused admission to the UK on grounds of Public Policy, Public Security or Public Health.  More detailed information can be found in ECI Chapter 8. If ECOs are concerned that an application may fall to be refused, they must refer to the European Casework Team following the instructions in Referrals/Deferrals (RDF)/ AECIP 86/07. 

 

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EUN2.22 Suggested refusal wordings

i. The applicant does not provide any (or adequate) evidence to support his claim to be the family member of an EEA national
"In view of your failure to provide satisfactory evidence, I am not satisfied that you are the family member of an EEA national in accordance with Regulation 7 of the Immigration (European Economic Area) Regulations 2006."

ii. The EEA national is not in, or will not be going to, the UK
"I am not satisfied that your EEA national family member is residing in the UK, or will be accompanying you to the UK within six months of the date of the application, in accordance with Regulation 12(a) of the Immigration (European Economic Area) Regulations 2006."

iii. The applicant is not genuinely dependant on the EEA national or his/her spouse.
 
Family Members:
This does not apply to spouses/civil partners or children aged under 21, except in the case of a student who has been resident in the UK for more than three months, where the children of any age must also be dependent.

"In order to qualify as a family member you are required to be dependent on the EEA national but I am not satisfied that you are dependent as claimed. I am therefore not satisfied that you are a family member in accordance with Regulation 7 of the Immigration (European Economic Area) Regulations 2006."

Extended Family Members:
"I am not satisfied that you lawfully residing in an EEA state in which the EEA national resides and are dependent on the EEA national or a member of his/her household. I am therefore not satisfied that you are an extended family member in accordance with Regulation 8 of the Immigration (European Economic Area) Regulations 2006."

In cases involving extended family members - the applicant may have provided evidence of dependency or that they lived as part of the EEA national’s household in an EEA state prior to coming to the UK. However, there are insufficient grounds to believe that the EEA national would be deterred from exercising his Treaty rights if their family member could not come to the UK.

"I have undertaken an extensive examination of your personal circumstances in accordance with Regulation 8 of the Immigration (European Economic Area) Regulations 2006 but I am not satisfied that there are sufficient grounds for issuing you with an EEA family permit for the following reasons…"

iv. The applicant claims to require the personal care of the EEA national on serious health grounds:
"Your case has been considered under Regulation 8(3) of the Immigration (European Economic Area) Regulations 2006. This area of the Regulations refers to a relative of an EEA national or their spouse/civil partner who may be granted entry if they require the strict personal care of the EEA national or their spouse/civil partner on of serious health grounds.

In your case you have [reasons e.g. no evidence of serious health issues/the need for care by the EEA etc.]"

v. The applicant claims to be in a 'durable relationship' with the EEA national
"You have applied for an EEA family permit as a person who is in a durable relationship with an EEA national. Your application has been considered in accordance with Regulation 8(5) of the Immigration (EEA) Regulations 2006 but you have failed to prove that you are in a durable relationship with an EEA national.

In cases where a person is seeking to be considered as an unmarried/same-sex partner of an EEA National, we apply the same criteria as that stipulated under the Immigration Rules for a person seeking leave to enter as the unmarried/same sex partner of a British or Settled person.

Your case has therefore been considered under Paragraph 295A of the Immigration Rules

In your case you have [reasons e.g., no intention to live together, no evidence of 2 year durable relationship etc.]"

vi. The EEA national is not a qualified person because there is no evidence of Treaty rights being exercised:
 "You have failed to provide evidence that your EEA national family member is a qualified person in accordance with Regulation 6 of the Immigration (European Economic Area) Regulations 2006. I am, therefore, not satisfied that your EEA national family member is residing in the UK in accordance with the Immigration (European Economic Area) Regulations 2006."

Please note: because of the initial right of residence, the ECO cannot refuse someone on the basis that that their EEA national family member will not be a qualified person in the UK on arrival. However, if the ECO is satisfied that the EEA national has been in the UK for longer than three months, the ECO must be satisfied that the EEA national is a qualified person.

vii. The applicant is a party to a marriage of convenience
"The definition of 'spouse' in the Immigration (European Economic Area) Regulations 2006 does not include a party to a marriage of convenience. I am satisfied that you are party to a marriage of convenience and are therefore not the family member of an EEA national in accordance with Regulation 7 of the Immigration (European Economic Area) Regulations 2006."

Extended Family Members
"You have applied for an EEA family permit as the extended family member of an EEA national. However, I am not satisfied that you are an extended family member in accordance with Regulation 8 of the Immigration (European Economic Area) Regulations 2006.

Extended family members do not have an automatic right to be considered as a direct family member of an EEA national. Only those defined under Article 2 of the Directive 2004/38/EC have an automatic right to join or accompany an EEA family member to another member state when that EEA national is exercising a movement right.

Article 3 of Directive 2004/38/EC provides the basis for a member state to consider other relatives, such as ‘extended family members’ and determine the terms of entry and residence to such ‘beneficiaries’ in accordance with their own domestic legislation. (Article 3(2)).

The United Kingdom has transposed the terms of Article 3 into Regulation 8 of the Immigration (European Economic Area) Regulations 2006. As Regulation 8(4) makes clear, the UK is allowed to set terms on when it will accept extended family members and allow them to reside in the UK as family members of an EEA national. Your application has therefore been considered in accordance with (insert para) of the Immigration Rules. I am not satisfied that you qualify under this paragraph because:…"

ix. The British citizen is not exercising a Treaty right in a Member State (Surinder Singh)
"You have applied for admission to the United Kingdom in accordance with Regulation 9 of the Immigration (European Economic Area) Regulations 2006 as the family member of a British national who has been / was previously working or self-employed in another Member State. However, in view of your failure to provide documentary evidence that the British citizen is/was working or self-employed in another Member State prior to returning to/coming to the United Kingdom, I am not satisfied that the Regulations apply in this case."

x. The applicant is the spouse/civil partner of the British national but is not/was not living with the British national in the EEA State (Surinder Singh)
"You have applied for admission to the United Kingdom in accordance with Regulation 9 of the Immigration (European Economic Area) Regulations 2006 as the family member of a British national who has been / was previously working or self-employed in another Member State. However, you are not living with the British national in (the EEA State), nor were you living together in (the EEA State) before the British national returned to the UK. Therefore, I am not satisfied that the Regulations apply in this case. "

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EUN2.23 Do applicants for EEA Family Permit get a full right of appeal?

An applicant for an EEA family permit has a full right of appeal against refusal under the EEA Regulations, as it constitutes an “EEA decision”, which is a decision under the EEA Regulations concerning a person’s entitlement to be admitted to the UK.

Like appeals against entry clearance decisions, the appeal is heard in the UK. However, the family member would not have an entitlement to attend the hearing in the UK. A person claiming to be the family member of an EEA national may not appeal under the EEA Regulations where: they have not produced any evidence of the EEA national family member’s nationality, or, that they are related, as claimed, to the EEA national.

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