The EEA EFM form may be used by extended family members of an EEA national wishing to apply for a registration certificate if they are an EEA national, or a residence card if a non-EEA national.
Extended family members include partners who are neither married to nor civil partners of the EEA national, but are in a ‘durable relationship’. Other extended family members include individuals such as aunts, uncles, nieces, nephews, cousins or siblings of the relevant EEA national.
A relevant EEA national is a person who is resident in the UK as a qualifying person exercising their Treaty rights in the UK, ie they are working, self sufficient, a student or actively seeking work, or who has already gained a permanent right of residence in the UK.
If the relevant EEA national is in the UK as a student, you may use the EEA EFM form if you are a grandchild, parent or grandparent, providing you meet certain conditions.
To apply as the relative of an EEA national you will need to have been dependent on them either financially or due to health issues or be a continuous member of their household.
Relatives of the spouse or civil partner of the EEA national may be eligible where they have been a continuous resident and continue to hold valid residence documentation issued prior to 1st February 2017 as evidence.
Extended family members of British citizens may not apply for a registration certificate or residence card using the EEA EFM form.
Completing form EEA EFM
It is not mandatory to use form EEA EFM for your application. However the document does provide guidance on the information needed to process your application.
If you proceed without the form, you will still have to submit the supporting documents and pay the relevant fee.
If using form EEA FM, applications can be made online or in paper form, unless you come under one of the exemptions: if you are a family member of a qualifying EEA national that is not applying at the same time, you are a student or self-sufficient person with financial responsibility for another family member or you are reliant on a family member for support, you will need to apply using the paper form. You will also need to use the paper form if you are applying under the basis or retained rights or the Surinder Singh category.
Only one person may apply per form, each individual who wishes to apply using the EEA EFM form must complete their own application form.
Applications made online can be more user-friendly as you will only be asked questions relevant to you, based on the information you provide.You will need to have your supporting documents ready prior to completion. You will be able to save the form and edit it at a later stage. Once completed, you will need to pay the application fee, print off the form and send it to the Home Office together with all your supporting documents.
With the paper form you will need to ensure that you have filled in all the relevant sections. The completed form is to be sent with all supporting documents to the Home Office. Your fee will be payable before processing can begin.
Supporting documents must be provided in their original format. Where an original document is not in English or Welsh, you will need to submit an authorised translation.
Supporting documents will also include any previous identity documents and any relevant prior immigration status information.
For example, you will need to provide 2 passport sized photographs of yourself with your name written clearly on the back and your sponsor will also need to include a passport size photograph clearly named on the back.
You must also include your valid passport, travel document or national identity card and your sponsor will need to include their national identity card.
It is also required that you show proof that you are related to your sponsor. This may be done with documentation such as birth or adoption certificates.
Non-EEA nationals will need to include their biometric information with the application before it will be considered. Biometric data contains a digital image and fingerprint of the non-EEA national. These may be obtained from participating post offices that have a Home Office biometric enrolment capability.
If you are applying as a partner in a durable relationship with the EEA national, you will need to provide evidence that you have been living together for at least 2 years. You may include most forms of correspondence providing you are both named as the addressee. Photographs of you together may also be included amongst other evidence.
As a dependent on an EEA national, you would need to provide evidence of their financial support or medical letters supporting a medical care required. If claiming as a member of the household, evidence that you live with the EEA national will be required.
Your sponsor will also need to provide evidence of their income from work, whether as an employee or self employed. HMRC documents, National Insurance contributions, bank statements and wage slips are a few of the documents that may be used.
If however your sponsor is self-sufficient, they will need to provide evidence that they have sufficient financial resources, which may be through bank statements for example.
A sponsor who is a student will be required to provide evidence of their studies, which could be a letter confirming acceptance onto a registered course.
Should the EEA national who is sponsoring you be currently seeking work, they will be required to provide evidence that they are actively seeking and stand a good chance of gaining employment. This may be through letters from employment agencies, HMRC or local authority and bank statements proving receipt of benefits.
The number of documents required is extensive, and it is important to get this ensure you have included sufficient evidence to support your application. As such, it is recommended that you seek legal advice to ensure you are submitting the correct documentation to support your application.
Common pitfalls of the EEA EFM form
Should you not include all relevant supporting documentation, your application will be rejected and your fee returned to you, minus an administration charge.
Incorrect fee payments or payments that do not clear will result in your application form being rejected without consideration.
All relevant sections of the form need to be completed accurately. Any false information, or incorrect information may lead to your application being rejected.
Once the Home Office has received your application and supporting documents and the fee has cleared, they will process your application. This may take up to 6 months.
If your application is refused, you may have a right to appeal. You will need legal help to support your appeal process.
If your application is successful and you have received your registration certificate or registration card, you will be able to live and work in the UK for a period of 5 years providing all conditions are adhered to. You may then wish to apply for permanent residence status.
DavidsonMorris can help with form EEA EFM
Applicants should take note of current proposals relating to post-Brexit UK immigration rules. The most recent proposals will see EU citizens and their family members required to apply for ‘Settled Status’. At this current time, (June 2018), UK rules remain unchanged however but it is advisable to take advice on your circumstances in light of future changes.
DavidsonMorris’ specialist team advises EEA nationals and their families on UK immigration options, providing guidance on completing Home Office forms such as form EEA EFM. If you have a question about form EEA EFM, residence cards and certificates or UK permanent residence, please contact us for advice.