If you originate from outside the European Economic Area and Switzerland and you have an EEA family member who resides legally in the United Kingdom, you may qualify for an EEA Residence Card in accordance with the Immigration (European Economic Area) Regulations 2006.
A Residence Card is a formal document confirming your right to reside legally in the respective country under EEA law. The document will typically be issued as an additional form of ID to be presented where required alongside your passport, usually as a Biometric Residence Permit (BRP). Most Residence Cards are valid for five years of legal residency in the United Kingdom, dependent on your EEA family member remaining in the UK for the duration.
In accordance with European Regulations 2006, the Home Office is legally obliged to consider every application and return a decision no later than six months from the date of receipt.
The EEA national residing in the United Kingdom must be exercising their treaty rights in order to be considered a qualified individual. Immigration legislation specifies that they must be:
Each of the above categories is explained in more detail in the official text of the European Regulations 2006, as summarised below:
If the individual is rendered unemployed temporarily, they may continue to be classified as a worker under regulation 6(2) if:
Regulation 6(3) of the European Regulations 2006 states that in the event a self-employed EEA national is rendered unable to work on a temporary basis due to an accident or injury, they are still formally considered a self-employed person.
Appealing a Residence Card Application Rejection
Residence card applications may be rejected due to the incomplete provision of information, insufficient supportive documentation or simple human errors on one or both sides. Hence, it’s important that you exercise your right to repeal against a rejection of your application, if unsuccessful.
The refusal letter you receive will specify the reasons for your application’s rejection, after which you will have 10 working days to lodge your appeal (five days if you’re being held in detention). Your case will then be passed to an immigration judge at the Immigration and Asylum chamber (IAC) First Tier Tribunal, where it will be reconsidered in conjunction with your arguments against its rejection.
EEA Residence Card Lawyers in Luton
The quality and completeness of your application will have a significant impact on your likelihood of qualifying for a Residence Card. Rather than taking chances on such an important issue, we strongly suggest seeking qualified legal support from the earliest possible stage.
Whether planning ahead or in the midst of a complex individual immigration issue, Aristone Solicitors can provide the expert assistance you need to streamline your application. Call today to book your obligation-free consultation with one of our experts.
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