Hi,I am a Nigerian living in the Netherlands without a residential permit but have being in a relationship for about 3yr and I have a child with a Netherlands citizen whom is a member of the EEA but not yet married with her but we are planning to move down to the UK...meaning that I wants to apply for the EEA family VISA as NON EEA family MEMBER to the EEA MEMBER...my question is to know if am qualified to apply for the EEA family VISA to move to the UK with my girl friend or my partner together with our child since we are not yet married.
I will appreciate getting an advice from you.

Looking forward hearing from you as soon as you can

Kind regards

Areas of Expertise: 

Public Answer: 

Thank you for your question.

Family members of EU nationals wishing to come to the UK must go through a two-stage process. First they must apply for a EU Family Permit from outside the UK. An EU Family Permit will generally be issued for five years and allows the applicant to work and travel in the UK free from restrictions.

The conditions that must be met to obtain a family permit differ depending on whether you are a spouse or unmarried partner of the EEA citizen.

Unmarried partners must meet the same criteria as married couples, however, they must also prove that they are in a ‘durable relationship’, i.e. that you and your partner have been living together in a relationship akin to marriage or civil partnership for at least two years.

The second stage of the process is to apply for a Residence Card as the family member of an EU citizen. To be eligible for a Residence Permit you must show that the EEA national who is your family member or extended family member is a ‘qualified person’.
A ‘qualified person’ is an EU citizen who is exercising their EU Treaty rights. To stay in Britain longer than three months, an EU national must be:

- working
- studying
- self-employed
- economically self-sufficient

Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration Solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our contact form.

I look forward to hearing back from you soon.

Best regards,

OTS Solicitors

[This question has been successfully answered by our lawyers in a private e-mail]