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FAQs: EEA family member

Freedom of movement is integral to Lush as a business, allowing us to put the right people in the right positions regardless of nationality and forge equal relationships with suppliers in remote areas of the world.​

1. I’m from the EU and married to an EEA national - do I have a right to reside in the UK? 

If you are a ‘qualified person’ (worker, self-employed, self-sufficient, student or jobseeker), you have a right to reside in the UK in your own right. If you are a family member of a ‘qualified person’, you do have your right to reside in the UK. For example, if your husband works and you are a full-time mother with two children, you and your children have a right to reside in the UK only because your husband is economically active in the UK.  

2. I am from the EU but I’m not married to my EEA national partner - do I have a right to reside in the UK?

If you are not a ‘qualified person’ yourself and you are not married to your partner, who is a ‘qualified person’, you do not have full rights of residence in the UK until after the Home Office recognises you as an unmarried partner. You need to apply for a registration certificate to confirm your status first. The same applies to other extended family members – aunts/uncles, brothers/sisters etc.

3. How can I apply for a registration certificate?

You can apply for lodging application EEA (FM) with the Home Office.

4. When can I apply for a document certifying permanent residence?

When you complete five years of residence in the UK as a family member of an EEA national, you can apply for a document certifying permanent residence. You will need to provide evidence that your EEA family member has been a ‘qualified person’ throughout the five-year qualifying period.

5. How can I apply for a document certifying permanent residency?

You can complete the application for EEA (PR) as the main applicant or as a dependant. For example, if your wife applies for the EEA (PR) application, she can be the ‘sponsor’ and main applicant and you can be the ‘dependant’.

6. I have separated from my EEA family member, do I still have my right to reside in the UK?

In certain circumstances, you can retain your right to reside in the UK. This area of law is very complex and depends on your circumstances, therefore you need to seek tailored legal advice to assess whether you qualify to stay in the UK.

7. How much does it cost to obtain a registration certificate and a document certifying permanent residency

Currently, the Home Office fee is £65 per person for both documents.

I am from outside the European Union

1. I am not an EEA national but I am married to an EEA national - do I have a right to reside in the UK?

An EEA national who is a ‘qualified person’ (worker, self-employed, self-sufficient, student or jobseeker) has a right to reside in the UK. That EEA national’s family member also has a right to reside in the UK, no matter where they come from.

2. I am not an EEA national and I am an unmarried partner of an EEA National - do I have a right to reside in the UK?

Unmarried partners are extended family members and need to apply for EU residence documentation to confirm their status.  They will only qualify for a residence card if the Home Office is satisfied that the relationship is of a ‘durable nature’. The Home Office, as a matter of policy, accepts that the relationship is ‘durable’ if the couple have been residing together for at least two years. Unmarried partners acquire full rights of residency only after they are issued with the residence card.

3. What kind of document can I apply for to confirm my right to reside in the UK?

If you are in the UK, you can apply for a residence card to confirm your right to reside in the UK. Please note, it is not a prerequisite for you to have any kind of visa before applying for a residence card.

4. How can I apply for a residence card?

You need to apply to the Home Office using the application form EEA (FM).

5. How long is a residence card valid?

The residence card is valid for five years.

6. I have separated from my EEA family member, do I still have my right to reside in the UK?

In certain circumstances, you can retain your right to reside in the UK. This area of law is very complex and depends on your circumstances, therefore you need to seek tailored legal advice to assess whether you qualify to stay in the UK.

7. When can I apply for a permanent residence card?

When you complete five years of residence in the UK as a family member of an EEA national, you can apply for a permanent residence card. You will need to provide evidence that your EEA family member has been a ‘qualified person’ throughout the five-year qualifying period. In certain circumstances you can apply for a permanent residence card sooner than five years, for instance, if your EEA family member sadly passes away.

8. My residence card has expired, can I still apply for a permanent residence card or do I need to leave the UK?

Unlike leave under the UK Immigration Rules, under the EU law any documentation you are issued with is confirmation of your right to reside in the UK. Even if your Residence Card expires, you do not have to leave the UK. For as long as your family member continues residing in the UK and being a ‘qualified person’ or a person with permanent right to reside, you can apply within the UK even after the expiry date of your residence card.

9. How much does it cost to obtain a residence and permanent residence card?

Currently, the Home Office fee is £65 per person for both documents. As a non-EEA national you will also need to submit your biometrics, which attracts a separate fee of £19.20 payable to the Post Office Ltd.

For more information, see the EEA family member flow chart.

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