FAQs: EEA-related issues

Please note that the above questions and answers have been prepared from the emails, telephone calls and actual cases that we have dealt and have therefore not provided any names and addresses in order to keep client confidentiality. 

Question:
I entered the UK on a visitor visa in Sept. 2010 and did not go back. From June 2015, I have been residing with my boyfriend, who is a Lithuanian national and is working in the UK on a self-employed basis. I am also 7 months pregnant. I would like to know whether I have got any chances of regularizing my stay in the UK?

Answer:
You can make an application for an EEA Residence Card (paper application) as the unmarried partner of an EEA national exercising treaty rights in the UK. You need to show you are in a ‘durable relationship’ so you need to prove that you have been actually residing with your partner by providing documentary evidence of living together such as bills, bank statements, NHS letters or other documents in your name or your boyfriend`s name at the same address (ideally for at least two years). Your boyfriend also needs to provide documents confirming his self-employment status. You should provide letters / medical records in respect of yourself confirming your inability to make travel arrangements (due to pregnancy) to seek the family permit from outside the UK. This type of application will take a long time to be processed and can be complex, so it would be wise to seek professional help.

Question:
I recently married a German national who is working in the UK and would like to invite my children (from a previous marriage) of ages 19 and 20 who are residing in Russian Federation. Can I do that?

Answer:
Yes. You can invite your children on a family permit (6 month visa) that can be switched to a five-year EEA Pre-Settled Status.  On completion of five years’ residence they can apply for an EEA Settlement Status in the UK. Under the EU Settlement Scheme, children up to the age of 21 are treated as dependent family members for the above purposes. However, you will need to show that you have sole responsibility for the children.

Question:
I am an EEA national and working as a self-employed builder. I have been living in the UK with my Russian student partner since September 2015. I am single and she is in the process of obtaining a divorce from her husband. Her student visa is now expiring. Can she apply as my unmarried partner and apply for a Residence Card?

Answer:
Although you are partners and living together in a relationship akin to marriage, your partner cannot apply for an EEA Residence Card (paper application). In order to make an unmarried partner application, both of the parties must be free to get married.  If one of the parties is married, he or she must provide a divorce certificate to confirm his/her freedom to marry.  We would advise that she obtains the divorce certificate first and then makes an application for the EEA Residence Card. Your partner would still be able to make the application in the UK despite staying beyond the expiry of the visa.  However, this type of application is not straightforward and professional help should be sought when making this kind of application.

Question:
I am a Ukrainian citizen and entered the UK in July 2018 on a visit visa. I am married to an EEA national who is working in the UK. Can I switch from visit visa to dependant of an EEA national?

Answer:
Yes. You can switch to being the dependant of an EEA national and can apply for an EEA Pre-Settled Status as a married partner of an EU national. It does not matter what visa you are on as, under the EU Settlement Scheme, the Home Office is obliged to recognize your rights as the family member of an EEA national. However, such an application could take several months and it would be wise to seek professional assistance in making such an application.

Question:
I am a holding an Alien Latvian travel document and have been living in the UK for seven years on an expired visa. I am living with my wife and daughter, who are Latvian nationals and exercising their Treaty Rights in the UK. Can I apply to get some sort of visa from here or do I need to return to Latvia to obtain a visa from the British Embassy? Please note that I do not have any family in Latvia and have broken all my ties with that country.

Answer:
Following the judgment of the European Court in Metock prior lawful residence should not be a requirement for the issue of an EEA Pre-Settled Status under the EU Settlement Scheme in respect of a close family member of an EEA national. You should be issued an EEA Pre-Settled Status provided the Home Office is satisfied that you are a genuine family member of an EEA national and that your family member is exercising her Treaty Rights in the UK.

Question:
I am a  Polish national living and working in the UK. Can I invite my 55 years old mother to join me in the UK? Does she have to be more than 65 years of age?

Answer:
Please note that as you are an EEA national exercising your Treaty Rights in the UK, you are allowed to invite your parents, spouse, civil partner and children less then and even above 21 years of age to join you in the UK permanently. There are other types of relatives as well who can qualify to join you in the UK, but there are additional requirements to be fulfilled. We would advise that you contact us to arrange a consultation when we would discuss your mother’s situation in detail.

Question:
How long does  the Home Office take to process applications for EEA Pre-Settled and EEA Settled Status? I want to go on holidays in three months` time.

Answer:
The Home Office  should consider applications for EEA Pre-Settled and EEA Settled Status maximum in 6 months but on average they take around 2-3 months. If you need to travel urgently and you are an EU national, you can make an application either for EEA Pre-Settled or EEA Settled Status and leave the UK for a while whilst your application is being considered with the Home Office.

Question:
I am an Australian married to an Italian citizen who is working in the UK. Should I obtain an EEA family permit from Australia or I can make an application from here?

Answer:
As an Australian Citizen, you do not require any visa to come to the UK. You can simply travel to the UK with the evidence that you are a family member of an EEA national who is exercising Treaty Rights in the UK and seek entry on that basis. They would give you entry as a family member of an EEA national for six months and you can then make an application for an EEA Pre-Settled Status under the EU Settlement Scheme inside the UK for the 5-year duration.

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