A European Economic Area Family Permit is an immigration document that assists the holder to enter the United Kingdom as a family member of a citizen of a contracting state to the European Economic Area agreement or a Swiss citizen. They are issued by the UK immigration authorities under the . In theory, possession of a family permit is not mandatory and permission to enter the UK can still be sought at the frontier, but non-EEA nationals who neither possess a visa nor a family permit will find it difficult to arrive at the UK border as many carriers will refuse boarding to passengers who do not hold a family permit, as they may be fined by the British authorities for carrying a visa-required national without a visa or family permit. In addition, family members are sometimes refused entry to the UK for failure to have a family permit. A family permit can be issued for a short visit or to enable the holder to take up residence in the UK. As the document is valid only for six months, a person seeking to enter the UK after that will need to apply for a new one.
Legal framework
The Immigration Regulations 2006 extend visa free travel to third country nationals in possession of residence cards and permanent residence cards but this exception is limited to those cards issued by the UK government itself. Residence cards issued by other EEA states and Switzerland are not recognised under UK law and holders of same may apply for a family permit prior to leaving for the UK. This is despite a provision of the EU's free movement directive which states: The legality of the requirement by the UK to require EEA family members a hold a family permit to enter the UK has long been disputed by the European Commission and is currently before the European Court of Justice. The UK defends the requirement on the basis of its opt-out from the Schengen Area which provides that:
Application
EEA family permits are available from any entry clearance issuing post outside the UK, and are issued for six months at a time. A family member who wishes to stay in the UK for more than six months can apply for a residence card to formalise their right of abode.
Conditions of issue
A family permit will be issued if the applicant is the spouse, civil partner or dependent child of an EEA national and they will be travelling to the UK with that person. There are also requirements connected to the need for the EEA person, if staying for more than three months, to be economically active or to be a self-sufficient person and for the family unit not to fall dependent upon public funds while in the United Kingdom. If staying for less than three months, there is no need to exercise any treaty right.
McCarthy case
The legality of the EEA family permit requirement was challenged before the European Court of Justice in R v Home Secretary. Although an English High Court judge, Justice Haddon-Cave, had ruled against the McCarthys, he had decided to refer the matter to the European Court. On 20 May 2014, Advocate General Maciej Szpunar issued an opinion in favour of the McCarthys, holding that the family permit requirement violated EU law. His opinion was advisory only, but the opinions of Advocates General are followed by the Court in most cases. On 18 December 2014, the Court of Justice ruled in favour of the McCarthys, reaffirming the Advocate General's opinion.
