EEA family members
Who are they?
For EEA nationals who are working or self employed, a family member is defined as:
- husband or wife – they must be married rather than just cohabitees
- civil partner
- direct descendants (children, grandchildren etc) of person or their spouse or civil partner who are either under 21 or who are dependent on him/her or on the spouse or civil partner (for example, because disabled or studying)
- dependent direct relatives of the person of their spouse or civil partner in the ascending line ( ie parents/grandparents)
- an extended family member who has been issued with an EEA family permit: this includes dependent family members not covered by the lists above, cohabitees in a 'durable relationship' and those relatives for whom, for serious health reasons, the EEA national provides personal care.
Students have different rights in relation to family members, because the definition of a student family member only includes husband/wife/civil partner and dependent children.
Family members of EEA nationals may not necessarily be EEA nationals themselves. If they are not then they have the same rights, but must apply for a residence permit within three months of arriving in the UK.
What documents do they have?
Family members who are themselves nationals of EEA countries may not have any documents other than their passports or ID cards. They can apply for a residence card or permit, and those who are not themselves EEA nationals must do so. Here are examples of these.
What are their housing rights?
Family members have the same rights as the person they are accompanying: so a worker’s family members will have the same rights as the worker, a student's family members the same rights as the student and so on. All EEA family members can apply for accommodation from housing associations. Further information about relevant regulations.
Are there any particular problems?
If the family relationship ends, or the migrant worker, student etc leaves the UK or dies, then the rights of the family member may also end, but there are rules protecting them in some cases, especially where there are children involved. These give the right to reside (and so to be eligible for housing and housing benefit):
- The family member of a worker or self-employed person who has died may get a permanent right to reside if the worker had worked in the UK for two years, or the death was the result of an accident at work or an occupational disease, as long as the family member was living with him/her when s/he died
- Where a married couple or civil partnership simply stop living together, the family member keeps his/her rights until a divorce or equivalent while the EEA worker stays in the UK
- Where there is a divorce/dissolution of civil partnership, the family member will keep a right to reside
- if the marriage/civil partnership has lasted at least three years and they have both lived in the UK for at least a year
- if there is a child and the former husband/wife/civil partner has custody of the child or has access to a child which must take place in the UK
- there has been domestic violence
- Where a child has entered education in the country where a parent is an EEA worker or self-employed, the child has the right to reside to complete his/her education and parent/s with care also have a right to reside.
What are their rights to housing benefit (HB) and council tax benefit (CTB)?
Family members have the same rights to HB/CTB as the person they are accompanying: so a worker’s family members will have the same rights as the worker, a student's family members the same rights as the student and so on.
In certain circumstances a former family member will retain their right to reside following the death of their partner or the ending of their marriage/civil partnership. In certain circumstances the parent of a child who has entered education will also retain their right to reside (see below).
Are there any particular problems?
If the family relationship ends, or the migrant worker, student etc leaves the UK or dies, then the rights of the family member may also end, but there are rules protecting them in some cases, in particular where there are children involved. The protected person will retain their right to reside and will be eligible for HB/CTB provided that they are also habitually resident (which in most cases they will be). A person will be protected and retain their right to reside if they are:
- The family member of a worker or self employed person who has died. They may get a permanent right to reside if the worker had worked in the UK for two years, or the death was the result of an accident at work or an occupational disease, as long as the family member was living with him/her when he/she died
- A person who has divorced /ended their civil partnership, and either:
- their marriage/civil partnership lasted at least three years and they both previously lived in the UK for at least a year
- they have custody of their former partner’s child or have been granted access to that child which must take place in the UK
- there has been domestic violence
- Where a child has entered education in the country where a parent is a migrant worker or self-employed, the child has the right to reside to complete his/her education and parent/s with care also have a right to reside.