If a citizen of the European Economic Area (EEA) or Switzerland is living in the UK in accordance with the Immigration (European Economic Area) Regulations 2006, their family members who are not EEA or Swiss citizens also have the right to live in the UK.

If you are the non-European family member of an EEA or Swiss national, and you have come to the UK with them, you can apply for a residence card. This is a document which confirms your right of residence under European law. Your residence card may take the form of an endorsement in your passport (also called a 'vignette'), or it may be a separate document called an 'immigration status document'. A residence card is normally valid for 5 years from the date when it is issued.

The applicant must submit a valid passport for the application for residence card to be approved. Also, the EEA national must be exercising treaty rights in the UK and evidence of the same must be submitted with the application. According to EEA Regulations 2006, the Home Office is legally bound to consider and decide an application for residence card within 6 months from the date of receipt of the application. Any delay or negligence in part of the Home Office in not deciding the application within six months can be challenged by way of Judicial Review in High Court.

Appeal Against Refusal Of Residence Card

If your application for residence card is refused by the Home Office, you will have a statutory right of appeal against the refusal of the application unless you did not provide the evidence of your family member's nationality i.e. the ID card or passport of the EEA national. Appeal against the refusal of residence card application must be filed within 10 working days (5 working days if you are in detention) from the date of receipt of the refusal letter. We can assist you and represent you in relation to your appeal against the refusal of your residence card application.

If you have not been granted right of appeal against the refusal of your application and you disagree with the reasons for refusal,  it is also possible to challenge the refusal of your application by way of Judicial Review in High Court.