Family members are defined as including the following
spouse, i.e. husband or wife
civil partner, ie part of a registered partnership equivalent to marriage
direct descendants who are under the age of 21 or over 21 (if dependent) belonging to the EEA national or their spouse/civil partner
ascendant relatives who are dependent on the EEA national including those of the spouse or civil partner
separated or divorced spouses/civil partners
EEA students are only allowed to bring their spouse or civil partner and dependent children, this includes dependent children over 21, belonging to the EEA national or their spouse/civil partner.
Family members do not have to be EEA nationals to be allowed to come to the UK but, if they are not, they must apply for an EEA family permit before travelling to the UK, see EEA family permits for more information.
Unmarried partners, i.e. common law partners of EEA nationals are only covered by EC law if they live as part of the family. If they separate from their partner then they are no longer treated as extended family members.
Under the Directive there is a category of extended family members which includes more distant relatives than are in the definition of family member. Persons including non-EEA nationals will meet this definition if they were part of the
EEA nationals household before they came to the UK or were dependent on the EEA national and remain dependent. Extended family members can be related to the EEA national or their spouse/civil partner. For such extended family members, the Directive requires host Member States to facilitate entry and residence under domestic legislation.
EEA family permits are issued to non-EEA nationals who want to accompany or join an EEA national to live in the UK.
The permit must be applied for before the family member travels to the UK. Holders of EEA family permits are treated as if they are EEA nationals and are not subject to immigration control.
The permits are issued by the Home Office on application and will either be
placed in a passport
issued as a document
If the EEA national and their partner separate the partner continues to derive rights from the EEA national if they are married or in a civil partnership. This means that the family member of a worker or self-employed person or person who is otherwise exercising EU rights, continues to have a right to reside for HB/CTB purposes. This right continues until the partners divorce or the civil partnership is brought to an end.
Where the EEA national is not married or in a civil partnership their partner loses their family member rights if they separate…….unless they get the status from Children
Ibrahim v London Borough of Harrow and
Teixeira v London Borough of Lambeth
A claimant for HB or CTR will have a right to reside in GB under Article 12 of Regulation (EEC) 1612/68 if, at the date of claim to that benefit
the claimant is the parent (or step parent) and primary carer of a child, and
the claimant or the child’s other parent is a citizen of another EEA State or Switzerland and
that person is working or has worked as an employed person in the United Kingdom (UK) and
that child of the migrant worker was installed (or born) in the UK and had entered general education in the UK whilst the migrant worker also lived in the UK and
that child is still in general education in the UK and is aged under 18