New UK
immigration rule
reflects EU free movement

17 April 2015

Non-EEA nationals, settled in the EU and married to a European national, will now be able to enter the UK without the need to apply for a family visa.

The UK immigration rules changed on 6 April 2015 in order to accommodate a European court ruling made earlier this year. As a result, non-EU family members of European nationals will no longer be required to apply for a EEA Family Permit in order to enter the UK, provided that they have been issued with an EU residency card by a European state.

This new rule will make it much easier for the families of European citizens to move between their European country of residence and the UK.

The ruling comes as the result of a case involving a Colombian national with Spanish permanent residency and her husband, a dual Irish/British national. Each time the family (their two young sons both have UK nationality) wished to travel to the UK, Mrs McCarthy Rodriguez had to make her way from their family home in Marbella to the British Embassy in Madrid. Upon arrival, she would fill in an application form and submit her fingerprints before returning home.  It could then take several weeks for an immigration decision to come through.

The couple argued that, because Mrs McCarthy Rodriguez has EU residency and is the spouse of an EU citizen, under the freedom of movement rules she should be able to gain entry into the UK without a visa.

The court ruled in the couple’s favour and instructed the UK that they could no longer refuse entry to non-EU family members who possess EU residency. The UK is now implementing this ruling into its immigration programme and it is hoped that it will make it easier and more convenient for EU citizens to bring family members to the UK.

Until this ruling beds in, however, overseas nationals looking to make use of this route of entry are best advised to seek professional advice from Smith Stone Walters ahead of journeying to the UK.

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