EEA Family Visa
If you are an EEA Citizen exercising Treaty Rights in the UK (or a British Citizen who has exercised Treaty Rights in an EEA Country NOT including the UK for the last 6 months) then you can use the EEA Family Visa route to bring your spouse, civil partner, children and other dependant family members with you to the UK.
You are not required to obtain the EEA Family Visa BUT doing so will help when entering the UK and will also help UK employers to more easily recognise your right to live and work in the UK, so you are strongly advised to obtain the EEA Family Visa.
In order to qualify for this visa you must be able to meet the following requirements:
Qualifying Family Members
Family members who have the right of residence with you are:
- your husband, wife or civil partner;
- your children or grandchildren (or the children or grandchildren of your husband, wife or civil partner) who are under 21 years of age or are dependent on you; and
- the parents or grandparents of you and your husband, wife or civil partner, if they are dependent on you.
Exercising Treaty Rights
You must be either currently exercising Treaty Rights in the UK OR about to exercise Treaty Rights in the UK. You are considered to be exercising Treaty Rights when you are in the UK and:
- employed or self-employed; or
- studying; or
- economically self- sufficient (meaning that you have sufficient funds to support you without requiring public funds); or
- a jobseeker; or
- retired; or
- someone who has had to cease working in the UK owing to permanent incapacity.
You must also be a EEA Citizen. The included countries are Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, the Republic of Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden
British Citizens - the Surinder Singh Route
If you are a British Citizen and you have worked in an EEA Country NOT including the UK then you might be able to obtain a EEA Family Visa for your family members based on having exercised Treaty Rights within the EEA. It is generally accepted that you should have worked in an EEA country NOT including the UK for at least 6 months to qualify.
It is important to realise that if you are a British Citizen living and working in the UK then you are NOT exercising Treaty Rights in the UK as you already have the right to live and work in the UK due to your Citizenship. If you are a British Citizen living and working in the UK then you should apply for a Spouse Visa to bring your husband, wife or civil partner to the UK.