EEA FAMILY PERMITS January 2013 EEA FAMILY PERMIT

EEA FAMILY PERMITS January 2013

EEA FAMILY PERMIT Aim AIM To provide delegates with information about the requirements of the EEA (2006) Regulations for EEA Family Permits. 2

EEA FAMILY PERMITS Objectives OBJECTIVES By the end of the presentation, with the aid of handouts and notes, delegates will be able to: • State the five categories under which an EEA National may be considered as a ‘qualified’ person. • State when an applicant is a “qualifying family member” under Regulation 7; • State when an ECO must refer to the UK before refusing an EEA Family Permit. 3

EEA FAMILY PERMITS Sources of Instructions • • ECG – European Nationals and Schemes (EUN) The Immigration (European Economic Area) Regulations 2006 4

EEA FAMILY PERMITS WHAT IS THE EUROPEAN ECONOMIC AREA (EEA)? • The 27 European Union (EU) Member States plus Norway, Iceland Liechtenstein. • EEA Citizens have the right to free movement and residence in the EEA. • Switzerland is not part of the EEA but Swiss nationals and their family members have the same rights. 5

EEA FAMILY PERMITS EEA Nationals The EEA National sponsor needs to be a ‘qualified person’ by exercising their Treaty Rights in order to bring in their Non-EEA National dependents. An EEA national can exercise their Treaty Rights if they are or intend to be, • • • . 6 A jobseeker in the UK A worker in the UK A self-employed person in the UK A self-sufficient person in the UK A student in the UK

EEA FAMILY PERMITS EEA Nationals PUBLIC FUNDS An EEA National can be a charge on public funds in some circumstances: • A worker who is in receipt of top up funds or tax credits for low income. • An EEA national who has been working in the UK but become temporarily unemployed. • A person who has ceased to work due to retirement or permanent incapacity. 7

EEA FAMILY PERMITS EEA Nationals BULGARIA AND ROMANIA • Nationals must obtain an Accession Worker Card from Home Office before starting work. • Self-employed people do not need authorisation to work. • Students should register their status as a student in order to work under normal student conditions. 8

EEA FAMILY PERMITS Who can an EEA National sponsor? QUALIFYING FAMILY MEMBERS – REGULATION 7 • Spouse or Civil Partner; • 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 e. g. parents and grandparents of the EEA national or their spouse/civil partner. 9

EEA FAMILY PERMITS Family Members MARRIAGE OF CONVENIENCE The definition of a ‘spouse’ and ‘civil partner’ in the EEA Regulations does not include someone who has entered into a marriage / civil partnership of convenience. A marriage / civil partnership of convenience is a sham marriage entered into solely for immigration purposes. 10

EEA FAMILY PERMITS Family Members When a marriage / civil partnership of convenience is suspected , the burden of proof is high and rests with the ECO. However, in these cases the ECO may wish where possible to interview the applicant. Factors to consider include. • an adverse immigration history; • doubts about the validity of documentation; • application follows soon after the marriage / civil partnership; • No previous evidence of the relationship. 11

EEA FAMILY PERMITS Family Members You should not consider the following cases as marriages / civil partnerships of convenience where: • there is a child of the relationship; • there is evidence to suggest cohabitation. 12

EEA FAMILY PERMITS Extended Family Members EXTENDED FAMILY MEMBERS – REGULATION 8 An EEA national can also sponsor ‘extended family members’. This covers any other family member not covered on slide 9. An applicant may be considered for an EEA family permit IF: • They are related to the EEA national, or to the spouse/civil partner of the EEA national and they reside in the same state as the EEA national and they are dependent on the EEA national or a member of the household; and • They are accompanying an EEA national or intend to join them in the UK. 13

EEA FAMILY PERMITS Extended Family Members If an applicant is not in same state, is not dependent or part of the EEA National’s household, they may still be considered for an EEA Family Permit as an extended family member under Regulation 8, if they are: • a relative of the EEA national or his spouse / civil partner and on serious health grounds, require the personal care of the EEA national or their spouse/ civil partner; or 14

EEA FAMILY PERMITS Extended Family Members • 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; or • a relative of the EEA national and would meet the requirements 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 (i. e. , under the ADR route of Appendix FM) 15

EEA FAMILY PERMITS Issuing the Family Permit THE EEA FAMILY PERMIT IS: - • Gratis • Indicates whether the applicant is joining or accompanying the EEA national and carries the name (initial and surname) of the EEA national. • Valid for 6 months • Can be applied for at any visa issuing Post 16

EEA FAMILY PERMITS Refusing the Family Permit SITUATIONS WHEN POST CAN REFUSE AN EEA FAMILY MEMBER WITHOUT REFERRING TO THE UK • EEA principal is not in the UK or is not accompanying the applicant to the UK. • The applicant does not provide any (or adequate) evidence to support his/her claim to be a family member of an EEA national. • EEA principal not exercising Treaty Rights. 17

EEA FAMILY PERMITS Refusing the Family Permit • Extended family members/children 21 or over/parents and grandparents who are not wholly / mainly dependent on the EEA national or of his/her spouse/civil partner to meet essential needs. • Extended family members who do not meet the requirements. Paragraph 317 • The applicant is party to a marriage or civil partnership of convenience. 18

EEA FAMILY PERMITS Endorsement when issuing: • D – EEA Family Permit - to accompany and initial and surname of EEA national • D – EEA Family Permit - to join and initial and surname of EEA national • Validity : 6 months 19

EEA FAMILY PERMITS When to refer Applications should be referred to the UKBA Euro Casework in the following circumstances (OPI 225): • Where a refusal is considered on the grounds of public policy, public security or public health in accordance with Regulation 21. • Where an applicant is the subject of a deportation or exclusion order. • Where ECCCAT has recommended referral /deferral to Euro Casework Emails should be marked ‘Urgent Non-EEA family member of the an EEA National. ’ 20

EEA FAMILY PERMITS Metock Judgement NON EEA NATIONAL FAMILY MEMBERS AND THE METOCK JUDGEMENT 21

EEA FAMILY PERMITS Surinder Singh cases SURINDER SINGH CASES 22

EEA FAMILY PERMITS Van Der Elst Cases VAN DER ELST CASES 23

EEA FAMILY PERMITS Chen cases EEA MINOR – CHEN CASE 24

EEA FAMILY PERMITS ECAA TURKISH EUROPEAN COMMUNITY ASSOCIATION AGREEMENT 25

EEA FAMILY PERMITS AIM To provide delegates with information about the requirements of the EEA (2006) Regulations for EEA Family Permits 26

EEA FAMILY PERMITS Objectives OBJECTIVES By the end of the presentation, with the aid of handouts and notes, delegates will be able to: • State the five categories under which an EEA National may be considered as a ‘qualified’ person. • State when an applicant is a “qualifying family member” under Regulation 7; • State when an ECO must refer to the UK before refusing an EEA Family Permit. 27