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EEA Family Permit- UK
EEA Family Permit
The EEA citizen you’re joining must either: be in the UK already OR be travelling with you to the UK within 6 months of the date of your application.
If they’ve been in the UK for more than 3 months they must either: be a ‘qualified person’ (working, looking for work, self-employed, studying or self-sufficient)
have a permanent right of residence.
To be eligible for the EEA Family Permit, you must be:
1. From outside the European Economioc Area (EEA)
2. Family member of EEA National - you are the family member or ‘extended’ family member of an EEA or Swiss national (excluding UK nationals).
Derivative Rights of Residence
Surrinder Singh Judgment
The 'Surinder Singh' route may allow you to apply for an EEA family permit as a family member of a British citizen who has worked in another EEA country.
To be eligible, you must be a national of a country outside the EEA and related to a British citizen as their: spouse or civil partner,
child or grandchild (or the child or grandchild of their spouse or civil partner) and under 21 years of age or dependent on them, parent or grandparent (or of their spouse or civil partner) and dependent on them.
Retained Rights of Residence
You can apply for an EEA family permit if you previously had a right to reside in the UK as the family member of an EEA national who either:
had permanent right of residence in the UK, was a ‘qualified person’ (ie a worker, student, self-employed person, self-sufficient person or someone looking for work) in the UK.
You could have a retained right of residence if: your, or another member of your family’s, marriage or civil partnership to that person has ended (with a divorce, annulment or dissolution),
that person has died and you had lived in the UK for at least 1 year before they died, you’re the child of an EEA national who has died or left the UK, or the child of their spouse or civil partner, or former spouse or civil partner, you were in education when that person died or left the UK, and you continue to be in education,
you’re the parent and have custody of a child who has a retained right of residence because they’re in education in the UK.