Since March 2019, applicants for an EEA residence card can be either a family member or an extended family member of a British citizen, this is in light of the Banger judgement and subsequent changes to the 2016 European Economic Area regulations. If the conditions are met, a family member or an extended family member of a British citizen will be treated as if they are the family member of a European Economic Area (EEA) national under the 2016 regulations.
Here’s what you need to know:
- If the British citizen exercised free movement rights as a worker, self-employed person, self-sufficient person or student in an EEA host country immediately before returning to the UK, or had acquired the right of permanent residence in the EEA host country
- If the British citizen would satisfy the conditions for residence if they were an EEA national (that is they are within their first 3 months of residence or are a qualified person)
- If the family member or extended family member and British citizen resided together in the other EEA member state and that residence was genuine
- If the extended family member’s residence in the other EEA member state was lawful
- If the family member or extended family member met these conditions for the entire period being relied upon
- If the purpose of the residence in the EEA host country was not to avoid any UK immigration law applying to non-EEA nationals (for example the Immigration Rules)
For more information on free movement rights for family members of British citizens, send an email to email@example.com or contact us on 01204 531 535 to book a telephone/skype consultation. The fee is £30.
To limit the spread of the Coronavirus (COVID-19), until further notice, our drop-in service will be held remotely on Mondays between 10am – 1:30pm (Bolton). Please be advised that our Preston drop-in service held on Fridays have been cancelled for the foreseeable future.
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