What About My Spouse? Benefits Of Eea Law

Oct. 22, 2010 - PRLog -- From its inception the purpose of European Community Law is to integrate citizens and particularly family members of the union’s citizens to an ever increasing common market.

Most fundamental to citizens of the European Community or European Union depending on what aspect of community law one is focusing on relate to freedom of movement between member states and access to services. It is with this aspect of community law that has encountered the most evolution. Take for example a French national married to a Columbian national (non EEA member) who arrives in the United Kingdom and wishes to gain access to public benefits, what aspects of community law are encountered?

UK Immigration would originally place a requirement on the Columbian national gaining entry clearance into the United Kingdom for the particular purpose of the individual’s visit either as a general or family visitor, a worker or employment category or as a spouse to a UK national. However European Community Law recognises not only the freedom of movement of citizens of its member states but also those of certain categories of family members including spouses, dependant children, parents and other family members.
In the case of family members an EEA family permit is issued to the particular family member the permit is a document similar to an entry clearance which has been given the name "EEA family permit" to distinguish it from a visa or entry clearance issued under the Immigration Rules. Family permits are issued for six months in all cases and are free of charge.  
The fact that an EEA family permit has expired does not necessarily mean that an EEA family member leave or ‘status’ in the UK has expired provided however the EEA national continues to meet the EEA Regulations then the non EEA family member would not be considered as having ‘overstayed’ simply because the expiry date of their EEA family permit had passed.
The family members of an EEA national necessarily include:
•   spouses or civil partners and in order for either to prove the relationship they would be required to provide either (marriage certificate, birth certificate or other evidence of family link)
Most importantly following the ECJ judgement on Metock in July 2008 Member States including the United Kingdom are now prohibited from having a general requirement for third country national spouses of EEA nationals to be lawfully resident in another EEA member state before they can benefit from a right to reside under the EU Free Movement of Persons Directive.

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For more information regarding our Immigration service benefiting 35 citizen advice bureau centres within the United Kingdom who can advice on how to deal with complex immigration matters kindly visit www.immigrationpoint.co.uk or www.havillandssolicitors.co.uk