A non-EU family member of an EU national may be able to apply outside the UK for an EU Family Permit to join their EU family member in the UK if their EU family member is exercising Treaty rights.

Or they may be able to apply to come to the UK with their EU family member if their EU family member is coming to the UK for the purpose of exercising Treaty rights.

There is no requirement to apply for an EU Family Permit to enter the UK, it can, for example, be issued at the UK border.

However, applying for a Family Permit in advance will simplify entry and avoid conflict with the airline, where they may not allow a passenger to board the plane in the absence of a valid visa.

An EU Family Permit is granted for a period of six months and the visa holder is entitled to work in the UK.

After arriving in the UK, a non-EU national family member will have to prepare and submit the application for an EU Residence Card, which will be issued for a period of 5 years.

After 5 years the person may be eligible to apply for an EEA Permanent Residence in the UK.

Who can apply for an EU Family Permit?

The requirements for those who are eligible to apply for an EEA family permit are very similar to a Residence Card application. In order to apply, you must be one of the following:

• Direct family member of an EU national, i.e. spouse / civil partner.
• Dependant parent or grandparent of an EU national or their spouse / civil partner.
• Direct family members of British citizens, also known as “Surinder Singh” applications.
• Extended family member, i.e. unmarried partner or other dependant relatives.
• Applicant with a derivative right of residence.

Processing Times for EU Family Permit

The processing times will vary depending on where the application for an EU family permit is submitted. Standard processing times are up to 6 months. Most applications are however decided in 1-3 months.

Applying for an EU Family Permit

The application process will differ depending on where the application for an EU family permit is submitted from and on what basis you will be submitting an application. Supporting documentary for a family permit evidence may also vary depending on your personal circumstances.

Contact our award-winning team of qualified EU immigration lawyers to seek legal advice. Our expert London solicitors can assist with your initial EU family permit application.

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