Where an EEA national exercised Treaty rights, their spouse and children, and in some cases other relatives, would generally be entitled to accompany them to the UK. The right of the family members to remain in the UK was contingent upon the EEA national exercising their rights (i.e. remaining a qualified person).
It is also important to remember that both family members who are EEA nationals themselves and non-EEA family members could accompany or join the EEA national in the UK.
Family members are defined in regulations 7 and 8 of the 2016 Regs. Regulation 7 essentially deals with:
- spouses and civil partners;
- children;
- parents; and
- grandparents.
Regulation 2 makes it clear that a person will not be regarded as the spouse, civil partner or durable partner of another person for the purposes of the regulation where another spouse, civil partner or durable partner of either person is already present in the UK. Also, unsurprisingly, a spouse does not include a party to a marriage of convenience.
Regulation 8 deals with extended family members. An extended family member is essentially someone who does not come within regulation 7 and is:
a) a relative of the EEA national, and is also one of the following;
- the person is residing in a country other than the UK and is dependent on the EEA national or is a member of his household;
- a relative who on serious health grounds requires care from the EEA national, his spouse or civil partner; or
- a partner of the EEA national (other than civil partner) who can prove to the UKVI that he/she is in a durable relationship with the EEA national.
Documentation
Non-EEA family members
Non-EEA family members were obliged to get an EEA family permit before they travelled to the UK if they were visa nationals (i.e. citizens of countries who always need visas to enter the UK), or if they were coming to live with the EEA national permanently or on a long-term basis.
The EEA family permit was a form of entry clearance, issued free of charge. The permit allowed non-EEA family members to travel with the EEA national or join them in the UK.
A non-EEA national (who was the family member of an EEA national) could also apply for a residence card as confirmation of their rights derived from the EEA national’s rights, once in the UK.
Note that family members could come to the UK independently of the EEA national – but in those circumstances the normal UK immigration rules would apply, including visa requirements.
EEA family members
EEA family members could simply enter the UK in their own right. They would simply require some form of ID or a passport. As an EEA national they would have an initial right of residence of 3 months. If they wished to remain beyond the 3 month period as a family member of a EEA national (who must be qualified) they could apply for a registration certificate to confirm their right to reside.
It was also possible for an EEA family member to apply for a EEA family permit prior to entry to the UK.