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Dependants
Spouses, children under 21 or those still financially dependent upon their parents, and dependent relatives (of the EEA national or the spouse) in the ascending line, such as parents and grandparents, all enjoy a right of free movement, which entails a right of entry and a right of residence (subject to certain conditions) as a matter of EU law.
This derived right of entry and residence is enjoyed irrespective of the nationality of the family member. However, Member States are entitled to, and the UK does, impose visa requirements upon family members of certain nationalities. However, unlike national visas, these visas (known as EEA family permits) are free of charge.
As a rule, the rights of residence of family members who are not EEA nationals or who do not otherwise have their own right to reside either under EU law or domestic law end as soon as the Member State national ceases to be resident in the UK. The children of an EEA national in education in the UK enjoy an independent right of residence to complete their education even if the parents leave.
When the family relationship with the EEA national is terminated by divorce, the dependant’s entitlement survives during periods of separation and the decree nisi and only ceases with the decree absolute. The only exception to this rule applies to family members of those who have retired in the UK after having worked here for the requisite time.
The right of residence of family members may survive beyond the death of the EEA national where the spouse dies during his or her working life, for example, after continuous residence of two years, or as a result of an accident at work.
This derived right of entry and residence is enjoyed irrespective of the nationality of the family member. However, Member States are entitled to, and the UK does, impose visa requirements upon family members of certain nationalities. However, unlike national visas, these visas (known as EEA family permits) are free of charge.
As a rule, the rights of residence of family members who are not EEA nationals or who do not otherwise have their own right to reside either under EU law or domestic law end as soon as the Member State national ceases to be resident in the UK. The children of an EEA national in education in the UK enjoy an independent right of residence to complete their education even if the parents leave.
When the family relationship with the EEA national is terminated by divorce, the dependant’s entitlement survives during periods of separation and the decree nisi and only ceases with the decree absolute. The only exception to this rule applies to family members of those who have retired in the UK after having worked here for the requisite time.
The right of residence of family members may survive beyond the death of the EEA national where the spouse dies during his or her working life, for example, after continuous residence of two years, or as a result of an accident at work.
