• whether there are any prior English tests that are required,
• what the financial requirements are.

We can also help if your application has been refused.

Visitor:

It could not be easier visiting the UK from the EEA in the short-term! Provided that an EEA national can produce either a valid passport or national identity card from an EEA state, they can visit the UK. Family members can also accompany the EEA national, provided that they can produce their own valid passport.

Worker

If you wish to stay in the UK as an EEA national long-term, you will need to become what is termed as a ‘qualified person’. This simply means that you need to either be a worker (in full-time or part-time), a work-seeker, or self-sufficient upon your own funds.

Family member

To be a ‘family member’, it is not quite as simple as being a blood-relation. Family members only include a spouse, a non-married partner, direct descendants (children, grandchildren), and ascending direct relatives (parents, grandparents). Just prove any of the above relations, and this family member can join you for your time in the UK!

Retained Rights

Retained rights are concerned with the family members of an EEA national, whom the family member no longer has a relationship with (whether through divorce, death, separation etc.).

Case Law categories

The categories under EU law have also been extended from beyond written law, to also include those found in live-cases.

EEA family of a UK citizen (‘Surrinder Singh’)

Within this case an Indian national married a British national in Germany and then moved to the UK. As the British national would not be regarded as EEA in her own country, this meant the Indian national would not enjoy EEA rights. However, this changed with the Surrinder Singh case to permit a family member of a British citizen, not from the EEA, living abroad, to join their British family in the UK after a period of time.

Non-EEA carer/parent of a UK child (‘Zambrano carer’)

Within the Zambrano case, a Colombian man living in Belgium with his Belgian children was due to be deported from Belgium. This was prevented, however, since they could not leave without being denied their EU rights, and their father could not leave them without someone to care for them, so he was permitted to stay in Belgium, deriving his rights from his children.

Non-EEA carer/parent of an EEA national (‘Zhu and Chen’)

To be a Zhu and Chen carer, the basic requirement is not dissimilar to that of being a Zambrano carer. A Zhu and Chen carer covers the carer of an EEA national who is self-sufficient, and earning their own income. Within the case itself, a pregnant Chinese woman lived in Wales and was due to leave the UK. However, she did not wish to do so, and then went to Northern Ireland to have her child, giving the child Irish citizenry at the time.

Student

Students can also come to the UK for their higher education. Whether this is done through exchange programmes or by enrolling directly at a UK university, an EEA national would be permitted to study any course at any UK university.

EU Settlement Scheme

The EU Settlement Scheme permits EEA nationals to either attain ‘settled’ or ‘pre-settled status’ and remain within the UK. It was introduced in March 2019 for EEA nationals who are in the UK and wish to remain post-Brexit. Although we have discussed some of the issues surrounding the scheme within our blog section, for the most part, the scheme has simplified the rules for many EEA nationals. With the correct period of time spent in the UK, you may be able to apply under it and remain either as ‘settled’ or ‘pre-settled’.

Whether clients are based in the UK or internationally our lawyers advise clients in all immigration law matters affecting the UK and specialise in creating the right immigration solution tailored to suit the individual and the business client’s circumstances.

If you are concerned about being faced with a great deal of stress and in many cases uncertainty about your personal or business and work visa needs, or are concerned about immigration law reform affecting your situation, getting the right legal advice from our Lawyers is an email away or telephone call away.

For a first class immigration advisory service Contact us and because we can provide immediate advice for a fixed fee, to assist in making the process become as stress-free as possible.