'Durable relationships' and 'other family members' of EEA nationals: definitions and rights of entry and residence
Produced in partnership with Sandra Akinbolu of Lamb Building
'Durable relationships' and 'other family members' of EEA nationals: definitions and rights of entry and residence

The following Immigration practice note produced in partnership with Sandra Akinbolu of Lamb Building provides comprehensive and up to date legal information covering:

  • 'Durable relationships' and 'other family members' of EEA nationals: definitions and rights of entry and residence
  • Durable relationships
  • Other family members
  • Types of other family member
  • Litigation on definitions
  • Dependency
  • Entry and residence
  • Durable partners and other family members of returning British citizens

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for Immigration?

Directive 2004/38/EC (the Citizens' Directive) creates two additional categories of family members of EEA nationals who are exercising treaty rights in another Member State. These are family members who do not meet the definition of direct 'family members', and are:

  1. in a 'durable relationship' with an EEA national, which is 'duly attested', or

  2. 'other family members', who:

    1. were dependants or members of the household of the EEA national prior to the EEA national's coming to the UK, or

    2. have serious health grounds which strictly require their personal care by the EEA national

See Practice Note: Family members of EEA nationals: definitions and rights of entry and residence for the definition of primary family members.

Non-EEA nationals who fall within these two additional categories do not have an automatic right to accompany or join their EEA national family member who has moved/is moving to

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