An EEA family permit is a document that is issued byUK consulates abroad to make it easier for not-EEA family members to join their EEA national in the UK. The permit is issued ahead of a person’s travel to the UK and is valid for six months and is free of charge. In other words, you are not required to pay any visa fee. Under the Regulations, you may have to accompany your EEA national family member or join them in the UK. If you do not intend to join your EEA family member or accompany them to the UK you may not qualify for an EEA family Permit and will need to apply for another type of visa under the Immigration Rules.

Who is an EEA national?

An EEA national is a person who holds the nationality of a country within the European Economic Area. This includes nationals from Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the UK.If you do not hold the nationality of any of the stated countries you are a non-EEA national.

How does an EEA national qualify to let their relative join them in the UK?

For an EEA national to qualify to let their non-EEA relative to join them in the UK, they must be living in the UK for more than 3 months in accordance with the Regulations as a qualified person. For example, a Ghanaian national who also holds German nationality and has been living in the UK for more than 3 months and who is exercising treaty rights may qualify to let his Ghanaian family member join him in the UK.

Who is a qualified EEA national?

A qualified person means a person who is an EEA national and is in the United Kingdom either as a job seeker; a worker; a self-employed person; a self-sufficient person; or a student.If the EEA national is able to prove that he or she has remained in the UK for more than 3 months and falls under any of the listed categories they qualify under the Regulations to let their non-EEA family member join them in the UK.

Who is a family member of an EEA national?

A person is a family member of an EEA national if they fall into any of the stated categories: spouse or civil partner of the EEA national; direct descendants of the EEA national or their spouse aged below 21;dependent direct descendants of the EEA national or their spouse aged over 21; direct dependent relatives in the ascending line of the EEA national or that of their spouse or civil partner.

Direct descendants are the children or grandchildren under 21 years of the EEA national or his spouse. Direct dependent descendants are the children or grandchildren over 21 years of the EEA national or his spouse and who are dependent on the EEA national. Direct dependent ascendants in the ascending line are the parents and grandparents of the EEA national or his spouse and are dependent on the EEA national.

Conclusion

If you are the spouse of an EEA national living in the UK for more than 3 months and is a qualified person you may join your him with your children under 21. If your children are 21 or above, they may only qualify to join the EEA national if they are able to establish dependency on him. The same is true with parents or grandparents who may only join their EEA national if they are able to establish dependency on him. It must be stressed that you do not need to prove dependency on the EEA national if you are the spouse or a child under 21 of the EEA national. This is so even if you are financially dependent on him. You are financially dependent on the EEA national ii you need this financial support to meet your essential needs.

To be continued...

By Emmanuel Opoku Acheampong

Disclaimer: This article only provides general information and guidance on UK immigration law. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. The writer will not accept any liability for any claims or inconvenience as a result of the use of this information. The writer is an immigration law consultant and a practicing law attorney in Ghana. He advises on U.S., UK, and Schengen immigration law. He works part-time for Acheampong & Associates Ltd, an immigration law firm in Accra. He may be contacted at acheampongassociatesgh@gmail.com