EEA nationals applying for family permit for third country nationals
Family member of EEA national who are qualifying members enjoy free movement rights under the regulations. Family members of EEA national are entitled to accompany join or resided with an EEA national.
What happens where an EEA national wants to apply for a fiancée visa, to get married in the UK, or make an application for an unmarried partner to join him or her in the UK?. What does the EU Regulations say about these types of cases? What are the differences between the two categories family members and extended family members provided for in the Regulations. To what extent is it relevant and how will it affect the application? Does the Immigration Rules appendix FM play a part in this process? If yes what can I do if I can’t meet the financial limit of £18,600. Essentially the immigration rules defines the financial limit and maintenance and accommodation requirements the sponsor must satisfy before he/she embarks on an application for entry clearance. How much does the application cost for an unmarried partner fiancée visa? and when is it fee? We will be addressing some of the answers to the question raised below:
Family members Regulation 7
Regulation 7 identifies the first main category of family members. The list below includes spouse or civil partner and direct descendents of EEA national or his spouse under the age of 21. This first category is very important because their free movement rights are innate.
Regulation 7 of the EEA Regulations defines “family member” as:
• the EEA national’s spouse or civil partner
• Direct descendants of the EEA national or of his spouse or civil partner who are under the
age of 21 OR are their dependants
• dependant direct relatives in the ascending line of the EEA national or of his spouse or
This definition includes EEA nationals who are students in the UK for less than three
months. For periods of residence extending beyond 3 months family members of an EEA
national who is a student (unless he is additionally exercising another Treaty right) are
defined as his spouse or civil partner and his dependant children or the dependant children
of his spouse or civil partner.
The right to admission and residence is automatic and there are no cost implications once such a family relationship has been established.
Extended Family members (Regulation 8)
Extended family members are only to be treated as family members for the purposes of the
EEA Regulations if they have been issued, as a matter of discretion, with an EEA family
permit or a registration certificate or residence card. The EEA Regulations allow for an“extensive examination of the personal circumstances” of a person applying under these
The following persons are extended family members:
A relative of an EEA national or of his/her spouse or civil partner who is residing in an
EEA state in which the EEA national also resides and is dependant on the EEA national or is
a member of his household AND is either accompanying or joining the EEA national OR has
joined the EEA national and continues to be dependant or a member of the EEA national’s
• A relative of an EEA national or of his/her spouse or civil partner who strictly requires
personal care from the EEA national or his spouse or civil partner on serious health grounds
• A relative of an EEA national or of his/her spouse or civil partner who would meet the
requirements in part 8 of the immigration rules (other than those relating to entry clearance)
for indefinite leave to enter or remain in the United Kingdom as a dependent relative of the
EEA national or his spouse or his civil partner were the EEA national or his spouse or his
civil partner a person present and settled in the United Kingdom.
• A person who is the partner of an EEA national (other than a civil partner) who can show
that he/she is in a “durable relationship” with the EEA national. When assessing whether a
relationship is durable officers should satisfy themselves fully that the person meets the
leave to enter requirements of an unmarried partner as set out in part 8 of the immigration
Is the Immigration rules appendix FM relevant to my application?
For partners in a durable relationship the Home Office applies a rule of two years, so the couple would need to demonstrate by providing evidence. There is no definition of a durable relationship so this rule is not set in stone. For sponsors unsure how to proceed, it is always worthwhile getting immigration advice, particulary if you are seeking to do the application on your own, just to make sure that you are on the right track. see link below.