EU Family Member Residence Card for Non-EU Family Members
Non-EU citizens who are family members of EU Citizens can apply for the EU Family Member Residence Card. This card ensures that an EU Citizen’s residency rights extend to their family member.
Permanent Residency in the EU for non-EU Citizens
Permanent Residency in the EU is only available for EU Citizens. A non-EU Citizen cannot apply for a Permanent Residency status (MEU3).
However, if a non-EU Citizen has close family members who are themselves EU Citizens, the non-EU Citizen can apply to register as an EU Family Member.
Holding a valid EU Family Member Residence Card means that family members of EU Citizens can travel between EU countries and use their family member status in lieu of an entry visa.
Can EU Family Members work in the EU?
Yes, the EU Family Members Residence Card allows non-EU family members of an EU Citizen to work in the EU.
What defines a ‘close family member’ when applying for an EU Family Member Residency Card?
For the purpose of applying for an EU Family Member Residency Card, a ‘close family member’ of an EU Citizen is defined as:
· A spouse or registered partner of the EU Citizen
· A parent of an EU citizen under 21 years, who is responsible for caring for the young person
· A dependent (child or grandchild) under 21 of an EU Citizen (or that Citizen’s spouse’s or civil partner’s)
· A dependent (parent or grandparent) of an EU Citizen (or that Citizen’s spouse or civil partner)
Note: Different rules may apply for family members of EU Citizens who are students
Applying for an EU Family Member Residence Card for non-EU Family Members
A non-EU family member can be living in the EU for 3 months prior to having to apply for residency status.
EU Family Member Residency (MEU2) is valid for a 5 year period. After 5 years, this needs to be renewed and will continue to be renewed every 5 years.
What next for non-EU Citizens holding an EU Family Member Residence Card?
Assuming that the EU Citizen in the family relationship is NOT also a Citizen of the country in which they are living:
As an EU Citizen, the next step to secure residency for a non-EU family member is for the EU Citizen to consider residency in their host-country.
The EU Citizen can secure dual residency (for their home country and their host country) by submitting an application for Citizenship in their host-country.
With the Dual Citizenship issued:
1. The EU Citizen retains EU Citizen rights for their own lifetime
2. The non-EU family member in turn is then able to apply for Citizenship of their host country based upon the EU Citizen’s Dual Citizenship.
Host-country Citizenship application processes are dependent on the host country.
Alternatively: If a non-EU Citizen family member waits a full 7 years from living in the host country, they could then apply as an individual for residency subject to their own circumstance.
It is important to note that the family member’s EU residency MEU2 must be valid before submitting any Citizenship application.
Why is this important in light of Brexit deadlines?
From 1st February, UK Citizens will be considered non-EU Citizens.
Post-Brexit there will be a transition period to 31st December 2020, during which time, the existing rules in terms of migration and residency will continue to be extended. After this time, new rules will be put in place.
In order to benefit from the existing rules regarding residency, it is important for UK Citizens and their non-EU family members to act now and secure rights for all involved.
ProACT can assist you in collating relevant documents for this application.
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