Q&As

Would an extended family member of an EEA national (eg unmarried partner) be able to benefit from the unlawful residence provisions stemming from Metock, eg can an extended family member make an EEA family permit application in a country in which they are not lawfully present?

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Produced in partnership with Gary McIndoe of Latitude Law
Published on LexisPSL on 18/08/2017

The following Immigration Q&A produced in partnership with Gary McIndoe of Latitude Law provides comprehensive and up to date legal information covering:

  • Would an extended family member of an EEA national (eg unmarried partner) be able to benefit from the unlawful residence provisions stemming from Metock, eg can an extended family member make an EEA family permit application in a country in which they are not lawfully present?
  • The Citizens’ Directive
  • Jurisprudence
  • Domestic regulations

Would an extended family member of an EEA national (eg unmarried partner) be able to benefit from the unlawful residence provisions stemming from Metock, eg can an extended family member make an EEA family permit application in a country in which they are not lawfully present?

The Citizens’ Directive

Directive 2004/38/EC (the Citizens’ Directive) deals with the rights of EEA citizens and their family members to move and reside freely within EEA Member States. Under Citizens’ Directive, Directive 2004/38/EC, art 3(1), the Citizens’ Directive, Directive 2004/38/EC applies to all EEA citizens and their family members who accompany or join them. ‘Family member’ being so defined:

‘(a) the spouse;

(b) the partner with whom the Union citizen has contracted a registered partnership, on the basis of the legislation of a Member State, if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down in the relevant legislation of the host Member State;

(c) the direct descendants who are under the age of 21 or are dependants and those of the spouse or partner as defined in point (b);

(d) the dependent direct relatives in the ascending line and those of the spouse or partner as defined in point (b)…’

Extended family members are dealt with separately under Art 3(2):

‘Without prejudice to any right to free movement and residence the persons

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