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Is it mandatory for a non-EEA National family member who is submitting an application for permanent residence, to disclose if they claimed benefits during any time that they had an EEA residence card?

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Produced in partnership with Gary McIndoe of Latitude Law

Published on: 26 September 2017

From 1 February 2017 it has been a mandatory requirement for all applications for EEA permanent residence to be completed using the specified forms provided by the Home Office. The relevant provision is regulation 21 of the Immigration (European Economic Area) Regulations 2016, SI 2016/1052 (EEA Regs 2016, SI 2016/1052, reg 21) which states that an application for a European residence document must be made:

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online, submitted electronically using the relevant pages at www.gov.uk; or
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by post or in person, using the relevant application form specified by the Secretary of State at www.gov.uk

Further, Home Office guidance Processes and Procedures for EEA documentation applications states that from that date, all applications under the EEA Regs 2016, SI 2016/1052 must be complete. It says: ‘an application can be rejected as invalid if it is incomplete. All relevant sections of the application form

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Gary McIndoe

Latitude Law

Gary has practised UK-inbound immigration, nationality and refugee law for more than 25 years. His first taste of work in his field was at the Home Office, where his role included policy work on the return of Hong Kong to Chinese control in 1997.

He qualified as a solicitor in 2000 and founded Latitude Law in 2007; the firm has grown steadily since then and currently has a 15-strong legal team undertaking a full range of immigration work.

Latitude has recognised expertise in guiding businesses, from start-ups to mulitnationals, through sponsor licensing and related regulatory processes. It is also noted for its work with high-net-worth individuals, with particular focus on the sole representative of overseas business, innovator and start-up visa categories.

Gary and his team have developed strong links with exceptionally talented individuals in a burgeoning regional tech sector. Latitude also continues to take on complex asylum and deportation work. The firm has a satellite office in London and a subsidiary business in Brussels. Gary is registered as a foreign lawyer with the Brussels Bar.

Gary is an AILA international associate and has contributed to panels at the organisation’s global and European conferences in recent years. He is chair of trustees of Electronic Immigration Network, a charity providing information services in the sector, and a patron of Middle Eastern human rights charity Salam DHR. In 2021 he co-authored, with Gemma Tracey, a practical guide to deportation (Law Brief Publishing).