Q&As

Would an EEA Family Permit, if it is issued on the basis of being a durable partner to a non-visa national, but the status of the applicant changes to married before travel to the UK still be valid?

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Last updated on 27/07/2017

The following Immigration Q&A provides comprehensive and up to date legal information covering:

  • Would an EEA Family Permit, if it is issued on the basis of being a durable partner to a non-visa national, but the status of the applicant changes to married before travel to the UK still be valid?

Would an EEA Family Permit, if it is issued on the basis of being a durable partner to a non-visa national, but the status of the applicant changes to married before travel to the UK still be valid?

Family permits for durable partners and for spouses of EEA nationals are issued under different regulations and on a different basis.

The Practice Note: 'Durable relationships' and 'other family members' of EEA nationals: definitions and rights of entry and residence [Archived] notes that third country nationals (TCNs) who fall within the category of ‘durable partners’ of EEA nationals are ‘extended family members’ under the Immigration (European Economic Area) Regulations 2016, SI 2016/1052 (EEA Regs 2016, SI 2016/1052) and do not have an automatic right to accompany or join their EEA national family member who has moved/is moving to another Member State. Durable partners may be issued with a family permit, but this is not automatic and is subject to the discretion of the Entry Clearance Officer (in accordance with the relevant EU law); the relevant terms are set out in EEA Regs 2016, SI 2016/1052, reg 12(4)–(5), and summarised in that Practice Note.

The EEA Regs 2016, SI 2016/1052, reg 7(3) provides that, once an extended family member has been issued with a residence card, registration certificate or family permit, they fall to be treated as a primary family member,

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