Extended Family Members

Who is a qualified person?

Someone who is in the UK exercising Treaty Rights in one of the following ways:

• Working
• Self-employed
• Self-sufficient and holds Comprehensive Sickness Insurance
• Studying and holds Comprehensive Sickness Insurance
• Seeking work (provided you meet certain conditions).

Who is an ‘extended family member’?

• An unmarried partner in a “durable relationship” with an EEA national is considered to be an extended family member.   The Home Office impose a 2 year cohabitation rule here which forms no part of EEA law, but which the Home Office claim ensures consistency between the treatment of unmarried partners of UK nationals and the unmarried partners of EEA nationals.  In UK Immigration law, the Home Office require there to be 2 years cohabitation before an unmarried partner can be recognised as an EEA extended family member.

• Other extended family members can include a brother, sister, aunt, uncle, niece, nephew, or cousin. If you have the right to reside as a student, then parents, grandparents and grandchildren will also be counted as such.

For relatives in this category, the following additional elements of your relationship must also be established:-

1. They are or were dependent on you (the EEA national) before your arrival in the UK, or were previously a member of your household.  OR
2. They need you or your spouse/civil partner’s care on medical grounds.

Even if you and your extended family member meet these conditions, it is not guaranteed that a residence card will be granted.

Each case is rigorously assessed on its individual merits, which is why it is so important to have high quality legal representation.

To find out more about applying for a UK residence card for your extended family member, contact Drummond Miller to arrange an initial consultation with one of our experienced immigration solicitors.