Residence Card As Non-EEA National Family Member Of An EEA National

As a result of recent immigration decisions by the European Court of Justice in case of Metock and by the Asylum and Immigration Tribunal in HB (EEA right to reside - Metock) Algeria [2008] UKAIT 00069, Non-EEA Family Members of EEA nationals are now entitled to be issued with Residence Card regardless of the fact that they are living illegally or unlawfully in the United Kingdom. This means that Non-EEA family Members of EEA nationals (spouses and partners only) can now apply for residence card for their lawful residence in the United Kingdom on the basis of their relationship with the EEA national even if they are living in the United Kingdom illegally.

For residence card to be issued, you have to show that you are a Family Member of an EEA national and that the EEA national is exercising treaty rights in the UK e.g. by working in the UK. The Non-EEA Family Member also have to submit a valid passport or identity card issued by the authorities of his/her country of nationality.