EEA National’s Core and Extended Family Members

EEA National’s Core and Extended Family Members

Direct Descendants, Spouse, Civil Partners, Dependants Under and Over 21, Financial Dependence, Refusals, Students

Guidance on EEA Family Permit: EUN02 | Published on 13 November 2013 by Home Office UK Government | Details of 3 Sections EUN2.6 to EUN2.8 (of 24 Sections EUN 2.1-2.24)

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

EUN2.6.

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, for example parents and grandparents of the EEA national or their spouse / civil partner.

UK Visa Blog Immigration, Settlement, Refusal, Appeal SolicitorsFinancial 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: If the applicant is the spouse or civil partner of the EEA national or a dependent child of either the EEA national or their spouse or civil partner is under 21 then they do not need to provide evidence of financial dependency and therefore this should not be requested from the applicant.

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.

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

Extended family members are more distant family members of the EEA national or of his/her spouse/civil partner who can demonstrate that they are dependent. Partners, where there is no civil partnership, who can show that they are in a ‘durable relationship’ are also considered to be extended family members.

Extended family member of an EEA national are defined 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 a country other than the UK 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, strictly 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 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 prevent 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, for example, the non-EEA national’s admittance would result in recourse to public funds.

Where the extended family member did not reside in the same country as the EEA national before the EEA national came to the UK, and where the EEA national provided financial support only to the extended family member, it is unlikely that the extended family member would be able to demonstrate that refusing to issue them with an EEA family permit would prevent the EEA national from exercising their Treaty rights in the UK. This is because the EEA national could continue to provide financial support to the applicant from the UK.

Family members of students (other than his or her spouse and dependent children) are entitled to join the EEA national for the initial 3 month period she or he is in the UK. Should these other family members wish to remain in the UK with the EEA national student for a period longer than 3 months they would need to apply in country for a Residence Card.

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

The Supporting documents for an EEA family permit page contains more information.

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via EEA family permit: EUN02 – GOV.UK