#Breytenbachs Immigration Consultants » Feed Breytenbachs Immigration Consultants » Comments Feed alternate alternate * Home * UK Immigration + Family Visas o Ancestral Visa o Civil Partner Visa o Dependency Visa o EEA Family Permit o Spouse Visa o Unmarried Partner Visa + Points Based Visas o Tier 1 Entrepreneur o Tier 1 Exceptional Talent o Tier 1 Graduate Entrepreneur o Tier 1 Investor o Tier 2 Intra Company Transfer o Tier 2 Skilled Worker o Tier 4 Student Visa o Tier 5 Creative and Sporting Visa o Tier 5 Youth Mobility Scheme + Business Visas o Domestic Worker Visa o Innovator Visa o Sole Representative Visa o Start-up Visa + Sponsorship Licences + UK Visitor Visa + Visa Appeals and Visa Reviews + Indefinite Leave to Remain + British Citizenship + UK Immigration Health Surcharge * SA Immigration + Short Term Visas o Medical Treatment Visa o Short Term Work Visa o Visitor Visa + Long Term Visas o Charitable Worker Visa o Relative’s Visa o Retired Person Visa o Study Visa o Work Visas # Critical Skills Work Visa # Intra-Company Work Visa + Permanent Residence o Business Visa Holders o Financially Independent o Relative’s Permit o Retired Persons o Spouse / Life Partner o Work Visas + Extension of Visas + SA Citizenship + Ban Upliftment + Certificates * Online Assessment + UK Immigration Assessment + SA Immigration Assessment * Immigration News * Contact Sign in Welcome!Log into your account ____________________your username ____________________your password [BUTTON Input] (not implemented)______ Forgot your password? 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Breytenbachs Immigration Consultants * Home * UK Immigration + Family Visas o Ancestral Visa o Civil Partner Visa o Dependency Visa o EEA Family Permit o Spouse Visa o Unmarried Partner Visa + Points Based Visas o Tier 1 Entrepreneur o Tier 1 Exceptional Talent o Tier 1 Graduate Entrepreneur o Tier 1 Investor o Tier 2 Intra Company Transfer o Tier 2 Skilled Worker o Tier 4 Student Visa o Tier 5 Creative and Sporting Visa o Tier 5 Youth Mobility Scheme + Business Visas o Domestic Worker Visa o Innovator Visa o Sole Representative Visa o Start-up Visa + Sponsorship Licences + UK Visitor Visa + Visa Appeals and Visa Reviews + Indefinite Leave to Remain + British Citizenship + UK Immigration Health Surcharge * SA Immigration + Short Term Visas o Medical Treatment Visa o Short Term Work Visa o Visitor Visa + Long Term Visas o Charitable Worker Visa o Relative’s Visa o Retired Person Visa o Study Visa o Work Visas # Critical Skills Work Visa # Intra-Company Work Visa + Permanent Residence o Business Visa Holders o Financially Independent o Relative’s Permit o Retired Persons o Spouse / Life Partner o Work Visas + Extension of Visas + SA Citizenship + Ban Upliftment + Certificates * Online Assessment + UK Immigration Assessment + SA Immigration Assessment * Immigration News * Contact ____________________ Search Home UK Immigration Services EEA Family Permit EEA Family Permit Any EU citizen taking up residence in the UK in accordance with the EU regulations can bring their family with. The EEA family permit or visa is valid for six months. The permit allows the holder to enter and leave the UK as many times as he/she needs to. The Family Permit’s holder can take up employment in the UK. Without an EEA family permit, entry into the UK can be refused. After arriving in the UK, it is possible to apply for an EU residence card. This card confirms the person’s right of residence in the UK and is valid for 5 years. It is not compulsory to apply for a residence card. It will however, make it easier to prove your right to live and work in the UK. Note that extended family members must apply for the residence card. How to qualify for the EEA Family Permit It is possible to qualify for the EEA Family Permit if you are a family member or an extended family member of an EEA citizen or Swiss national coming to the UK. It is also possible to qualify if you have a derivative right of residence. If you can make a Surinder Singh application, or have a retained right of residence. We will briefly discuss each of the routes below. If the family member of the EU national has been in the UK for more than three months, he will be allowed to remain only if his EU national sponsor has either permanent residence in the U.K or is exercising Treaty Rights (e.g., He/she is in employment, in business, economically self-sufficient or in some case if he/she is studying in the UK or temporarily out of work). The EEA family member must have full health insurance if he/she is applying on the basis of his sponsor being a student or self-sufficient. Qualifying as Family Member In principle, all non-EU members of the family, accompanying or joining the EEA citizen, or Swiss national, to/in the UK can apply for an EEA Family visa or permit. To qualify as a direct family member, you must be the EEA citizen’s spouse or civil partner, or the child or grandchild under 21 of the EU national or his spouse/civil partner. Dependent parents, grandparents, children or grandchildren over 21 (of the EU national or his spouse) can qualify at any age as long as they can prove to be financially dependant on the EU sponsor. UK Immigration law regard adopted family members as natural family. Qualifying as Extended Family Member It is also possible to apply as an extended family member of the EU national. This will, for example, be an unmarried partner who has been in a durable relationship with the EU (and has in general lived with him/her for at least 2 years), brother, sister, aunt, uncle, cousin or niece. Except for unmarried partners, all other extended family members have to prove to be or have been dependent on the EU citizen or to be or have been a member of their household. Alternatively, the extended family member has to prove a serious health condition. Furthermore, that he/she rely on the care from the EU citizen. Extended family members must apply for an EU Family Permit or Residence Card to reside legally in the UK. Qualifying with Surinder Singh Route application If you have lived in another EEA country, with an eligible family member who is a British citizen, you can also apply for an EEA family permit to enter the UK. This is called the ‘Surinder Singh route,’ after the case law that established this precedent. In short, this route entails the spouse/civil partner/child/stepchild/parent or parent-in-law of a British citizen who has exercised Treaty Rights (as a worker, self-employed, etc.) in another EU State to enter and reside in the U.K under the EU law (rather than under the UK immigration legislation). You will have to prove that during this time, the other EU state was your main residence. You will also have to prove that you lived there together and integrated there. It is not necessary under this route to fulfill the UK minimum income threshold requirement. It is important to note that you have to fulfil very strict requirements to qualify under the Surinder Singh route. We highly recommend that you speak to one of our consultants for further advice. You can also read this article for more information. Qualifying with a Derivative Right of Residence We highly recommend that you contact us for a consultation under this route. Below are only brief pointers on this immigration route. It is possible to apply for an EEA Family Permit if you have a derivative right of residence. You will have a derivative right of residence if you are: * The primary carer of an EEA child in the UK, and financially independent. * A child of an EEA former worker and you are currently in education in the UK. * The primary carer of a child of an EEA former worker. This child is currently in education in the UK. * A primary carer of a British child. * The primary carer of a British dependent adult; or * A child of a primary carer who qualifies through one of these categories. The Home Office defines the primary carer as someone who has responsibility of the day-to-day care of the person. This includes decision making about education, health, and finance. The primary carer must be a family member or the legal guardian. This person can be the main carer or can share the responsibility with someone else. You have to fulfil very strict requirements to qualify under this route. We highly recommend that you speak to one of our consultants for more advice. Qualifying with a Retained Right of Residence We highly recommend that you contact us for a consultation under this route. Below are only brief pointers on this immigration route. One 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 a permanent right of residence in the UK or was a worker, student, self-employed person, self-sufficient person or someone looking for work in the UK. You can receive a Retained Right of Residence in one of the following ways: * Your marriage or civil partnership to that person has ended due to a divorce, annulment or dissolution. * The person died, and you have lived in the UK for at least one year before their death. * You are the child of an EEA national who has died or left the UK. Or you are the child of their spouse or civil partner, or former spouse or civil partner, and you were in education when that person left the UK or died, and you continue to be in education. * You are the parent and have custody, of a child who has a retained right of residence because they are in education in the UK. Specific requirements in cases of divorces It is only possible to apply if you were in the UK as the EEA national’s family member on the date the divorce/civil partnership was finalised/ended and one of the following applies; * The civil partnership or marriage lasted 3 years before legal proceedings began. The couple lived in the UK for at least 1 year before the divorce, annulment or dissolution was finalised. * You have custody of a child of the relevant EEA national. * You have access rights to the child of the relevant EEA national. The judge ordered access to the child in the UK, and the child is younger than 18 years of age. * You, or a family member, have been a victim of domestic violence during the marriage or civil partnership. * Any other particularly difficult circumstances that will justify the retaining right of residence. You have to fulfil very strict requirements to qualify under this route. We highly recommend that you speak to one of our consultants for more advice. Length of stay and Right to Work with the EEA Family Permit The EEA family permit is valid for a period of six months. Within the first 6 months of arrival in the UK, the EU National is advised to apply for an EU Residence Card. All non-EU family members should apply at the same time. If their application is approved, they will receive a residence card in the format of a Biometric Resident Permit (BRP). Non-EU family members’ right to remain in the UK are dependent on the EU family member continuing to exercise Treaty Rights in the UK. He/she must for example be in employment, in business, or be economically self-sufficient. There are no work restrictions on the holders of an EEA Family Permit. Indefinite Leave to Remain in the UK and the EEA Family Permit After spending five years in the UK, from the first date of entry, with the EEA family visa, it is possible to apply for Indefinite Leave to Remain in the UK. All the family members can lodge this application, including the EU citizen. It is important though to note that the EU citizen must exercise his/her EU Treaty rights throughout the 5-year period. info@bic-immigration.com UNITED KINGDOM Fleet House 8 - 12 New Bridge Street London EC4V 6AL United Kingdom Phone: +44 207 442 2160 Fax: +44 207 149 9958 Click Here for MAP CAPE TOWN - SA SPACES, 1 Bridgeway Road Bridgeways Precinct Century City Cape Town, 7441 Phone: +27 21 526 0361 Phone: +27 87 255 9724 Click Here for MAP PRETORIA - SA SPACES, Byls Bridge Office Park Ground Floor and First floor Building 14 Block B Corner of Olievenhoutsbosch & Jean Avenue, Centurion Pretoria, 0081 Phone: +27 12 460 9959 Fax: +27 88 012 460 9959 Click Here for MAP DURBAN - SA 25 Ayr Road Parkhill Durban North, 4051 Phone: +27 31 003 2952 Phone: +27 66 488 3491 Click Here for MAP Breytenbachs Immigration Consultants offer expert advice and representation in relation to UK and South African Immigration matter. 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