Before the UK’s departure from the European Union in March 2019, EEA nationals are still more than able to bring their family members over if they meet the requirements. As there is uncertainty over what will happen after Brexit, MLC will explain what the situation looks like until then for EEA national family members.
EEA nationals currently possess much greater rights than British nationals if they wish to have their family members reside in the UK with them. The only conditions that they need to meet are that the EEA national is exercising their treaty rights in the UK (be it worker, student, self-employed or other) or are a permanent resident here, the family member is a child under 21 or the spouse of the EEA national (these are the two most common) and that the relationship is genuine and subsisting.
In contrast to UK law, there are no requirements that the EEA national must be earning a certain amount (£18,600 under UK law) and there are no requirements for the EEA national’s accommodation to be of a certain size (subject to overcrowding scrutiny under UK law). However, it must be demonstrated that the EEA national is earning a sufficient income to support themselves and the family member and that they can accommodate the family member upon their arrival. These are ambiguous thresholds and are judged with regard to case law and Home Office guidance.
At MLC, we advise all EEA nationals who wish to have a family member join them in the UK to submit an application with us sooner rather than later, as the situation is unclear after Brexit. EEA nationals can also bring over extended family members (brothers, cousins, aunts, uncles and siblings) who must satisfy further requirements to the ones given above.
If these above conditions could apply to you and you would like to speak to any of our team about bringing over a family member as an EEA national in the UK, please call us on 0161 2244224.
Blog by Hannah Wilkinson, Immigration Caseworker
T: 0161 224 4224
MLC Immigration Lawyers