The Border and Immigration Agency is a new executive agency of the Home Office. The Agency assumes the responsibilities of the Immigration and Nationality Directorate (IND) for managing immigration control in the UK.
From 2 April 2007 the IND began offering dependents of European Economic Area (EEA) nationals the opportunity to provide DNA testing evidence to support claimed relationships, in cases where the original application had been refused.
Cellmark can arrange your DNA relationship testing needs - just call our friendly professional customer advisers on 0800 0 362 522 - they're here to help you; every step of the way.
Remember to quote your BIA case reference number.
The following information comes from the BIA's website:
Do I have a right to live in the United Kingdom?
European Community law gives EEA nationals a right to live and work in the United Kingdom. This is known as a right of residence and you have a right of residence if you are exercising Treaty rights in the United Kingdom. Treaty rights include: employment, self-employment, study or economic self-sufficiency, i.e. you have sufficient funds to support yourself without recourse to public funds (including Income Support, Housing Benefit and Council Tax benefit).
Do I need to show my passport or national identity card when I enter the United Kingdom?
Yes, you need to show your passport or national identity card when you enter the United Kingdom. When you arrive at major ports and airports you should use the separate channel marked 'EEA/EU' where it is available. Immigration officers will check your passport or national identity card to make sure that it is valid and belongs to you.
What rights do I have if I want to work in the United Kingdom?
Accept offers of work Work (whether as an employee or in self-employment) Set up a business Manage a company or Set up a local branch of a company. You do not need a work permit. You should not be discriminated against by your employer because of your nationality in terms of conditions of employment, pay or working conditions.
Can I live in the United Kingdom if I am not working?
You can live in the United Kingdom as a student, as a retired person or if you are not working as long as you have enough money to support yourself during your stay without recourse to public funds.
Can I work in the United Kingdom if I am studying?
Yes, you may work in the United Kingdom during or after finishing your studies.
Do I need to register with the police?
No, if you have a right to live in the United Kingdom you do not need to register with the police.
Can my family join me in the United Kingdom?
Yes, if you have a right to live in the United Kingdom your family may join you. Under European Community law family members are defined as:
spouse/civil partner children/grandchildren of you, your spouse or civil partner, who are under 21 years of age or who are dependent upon you dependants in the ascending line e.g. your parents / grandparents and the parents / grandparents of your spouse /civil partner If you are a student only your spouse, civil partner or dependent children are entitled to a right of residence.
Other relatives i.e. extended family members such as brothers, sisters, and cousins do not have an automatic right to live in the United Kingdom. To be considered the extended family members have to be able to demonstrate that they are dependent or, if they are a partner, other than a civil partner, they can show that they are in a durable relationship with you.
How can my family join me in the United Kingdom?
If your non-EEA national family members are coming to live with you permanently or on a long term basis they should get an EEA family permit which is a form of entry clearance (like a visa) so that they can travel to the United Kingdom. For more information about visas please visit the UK visas website: www.ukvisas.gov.uk.
Can my family work in the United Kingdom?
Yes, your family can work in the United Kingdom and they do not need a work permit.
Can I apply for confirmation that I have acquired a right of permanent residence in the United Kingdom?
You will have acquired a right of permanent residence if you have completed 5 years residence in the United Kingdom during which time you have either been in employment, self-employment, been a student, or been economically self-sufficient. Your non-EEA national family members may apply independently for confirmation of permanent residence if they have lived with you in the United Kingdom for 5 years. They will need to provide evidence that their EEA family member has been exercising Treaty rights in the United Kingdom during this period.
If you are absent from the United Kingdom for a period exceeding 2 years you may lose your right of permanent residence, but as an EEA national you would still be admitted as a person with Free Movement rights. If your non-EEA national family members are absent from the United Kingdom for a period exceeding 2 years they would need to apply for an EEA family permit to facilitate their admission to the United Kingdom.
Will the continuity of my residence be affected by a temporary absence ?
Provided the absences do not exceed more than 6 months each year your residence will not be affected. Longer absences for compulsory military service will not affect your residence. Additionally a single absence of a maximum of twelve months for important reasons such as pregnancy/childbirth, serious illness, study or vocational training or posting overseas will not affect your residence.
There are certain circumstances in which a non-EEA national may retain a right of residence. An example of this would be in the case of death or departure of the EEA spouse or breakdown of the marriage or civil partnership. Full details of the various ways in which a non-EEA national may retain a right of residence can be found in Chapters 5 & 6 of the ECIs
If you are a Swiss national or a Swiss company that conducts business in the United Kingdom you may send employees to work for you in the United Kingdom for a maximum period of 90 days without having to apply for work permits for them. Your employees must have been working for you in Switzerland or an EEA State for a reasonable period of time. If your employees are not EEA nationals or Swiss nationals they will need to apply for a posted workers authorisation. Information on this can be obtained from UK visas on their website (see above).
How to apply under European Law
There is no charge for applications under European law. All application forms are available on this website.
If you are an EEA national and wish to be issued with confirmation of your right of residence in the United Kingdom you can apply for a Registration Certificate, using form EEA1. If your family members are EEA nationals they have the same rights to live and work in the United Kingdom as you and can also apply for a Registration Certificate. They should be included on the EEA 1 application form. However, there is no requirement for EEA nationals living in the United Kingdom to apply.
Your non-EEA national family members can apply for a Residence Card which confirms that they have a right to live with you in the United Kingdom. They can apply using form EEA2. The Residence Card will normally be valid for 5 years and takes the form of an endorsement that is placed in their passport.
From 2 April 2007 we will begin offering dependents of European Economic Area (EEA) nationals the opportunity to provide DNA evidence to support the claimed relationship, where we are minded to refuse their application.
If you are an EEA national and wish to be issued with confirmation of permanent residence you should apply using form EEA3. If your family members are EEA nationals they should be included on the EEA3 application form if they have resided here (in accordance with the Regulations) for 5 years. Your non-EEA national family member should apply using form EEA4.
The document issued to EEA nationals confirming permanent residence has no expiry date. The endorsement confirming permanent residence for non-EEA national family members is valid for 10 years.
The application forms contain details of all the information that must be supplied.
If you apply on one of these forms, provide all the required documents (which must be originals,) and send the application to the correct address, as advised below, this will help to minimise the time taken to process the application. Your application will be delayed if any information is missing.
Address for applications:- European Applications Border and Immigration Agency Lunar House 40 Wellesley Road Croydon CR9 2BY
EEA nationals may apply in person or by post for a Registration Certificate. All other applications must be made by post. Applications made in person by an EEA national for the issuing of a Registration Certificate are by appointment only and are dealt with at the Croydon Public Enquiry Office. Appointments can be booked by phoning 0870 606 7766.
See below for the dates of applications upon which we are currently working:
Application type We are currently working on applications submitted in Registration Certificate applications July 2007 Residence Card applications February 2007 Permanent Residence for EEA nationals June 2007 Permanent Residence for non-EEA nationals March 2007 Family Member Residence Stamp (FMRS) June 2007
Family Member Residence Stamp
If you are a national of one of the 8 relevant Accession States i.e. the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, and Slovenia (Cyprus and Malta are exempt), and you are in employment your non-EEA national family member(s) will not be eligible for a Residence Card unless you have completed 12 months continuous employment in the United Kingdom and are eligible for a Registration Certificate. However, if you have registered under the Worker Registration Scheme your non EEA national family members can apply for a family member residence stamp. Applications should be made on form FMRS , available on this website, and sent to the address detailed on the form.
Transfer Of Conditions
Transfer of conditions is not a concept in European law. If you have obtained a new passport and wish to have confirmation of your status endorsed in your new passport you will have to make a fresh application submitting evidence confirming that you still qualify for the confirmation that you seek.
Requesting the return of your passport whilst your application is being considered
If, after you have submitted an application, you require your passport for urgent travel or for identification purposes, please see the Return of Passports page
Documentation issued to successful applicants
As part of IND's ongoing commitment to improve the quality of our documents, and in line with the requirement under the FMOP Directive for a new suite of documentation the security of documents, issued under the FMOP Directive, has been enhanced. IND has introduced a vignette - with inherent security features - for EEA nationals and their family members which has replaced the use of wet-ink stamps.
Cellmark the Home of DNA Relationship Testing.
Cellmark is the only company contracted to the UK Foreign and Commonwealth Office UKvisas scheme to provide all of their DNA relationship testing. Our results are accepted by United Kingdom and United States immigration departments as well as by other government immigration departments.
In addition to providing DNA testing services to clients participating in government testing schemes, we also undertake a large number of DNA relationship testing cases for private customers who require evidence of relationship to support their immigration and visa applications, or an appeal against a decision based upon disputed relationship.
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