European Law

Entry to, and further residence in the UK on the basis of European law is governed by a European Council Directive, which has been transposed in to UK law as the Immigration (European Economic Area) Regulations 2006.

Those people who are citizens of a member country of the European Economic Area (EEA), are entitled to enter the UK without any other formality than being in possession of a national passport or identity card, save in very serious circumstances. Such a person has an initial period of 90 days in which to establish him/herself as a qualified person, and his/her family members can benefit from the same rights irrespective of their nationality. In certain circumstances, this can be be applied to extended family members, too.

Family members of an EEA citizen who are outside the UK may apply to the UK Border Agency (UKBA) for a family permit, and those within the UK may seek a residence card. The UKBA considers all such applications free of charge.

Family members of British citizens cannot apply for UK family permits/residence cards unless the principal earlier worked in an EEA country in either an employed or self-employed capacity, and the person applying has been in that other EEA country with the principal. However, in an instance where the principal is of dual British and EEA nationalities, he may choose to exercise one over the other.

If you are unable to apply under the provisions of European law, you may consider making either an entry clearance application or an in-country application.   

Upon formal instruction, we are able to prepare either your family permit or residence card application with reference to current law and policy. Should you be outside the UK, you will have to submit the prepared application yourself, as you will be required to give your biometrics, but if within the UK, we shall lodge the application on your behalf.

For further information, and to discuss your individual circumstances, please contact us.