LADY MARGARET ROAD LEGAL CENTRE
10, HILLSIDE ROAD
SOUTHALL MIDDLESEX UB1 2PD

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BRENT CROSS GARDENS LEGAL CENTRE
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Southall solicitors looks at the Right of Family members to reside in the UK. There are many factors which will determine the right to reside and many ask for the documentation to prove their right to residence.

Evidence of the Right to reside in the UK
Once becoming a qualified person in the UK, the EEA national can automatically acquire an extended right of residence under Regulation 14. The right is given by Reg 14 and not by the Home Office.

The EEA national can however apply to the Home Office foe evidence that he is a qualified person by applying for a Registration certificate or Residence card.

Registration certificate
Reg 16 of the 2006 regulations requires that a registration certificate be issued to a qualified person (i.e.) an EEA national who is exercising a treaty right immediately upon application.

Reg 16 (1)- the secretary of state must issue a registration certificate to a qualified person on application and production of

a) valid identity or passport, issued by an EEA state
b) proof that he is a qualified person

2) confirmation of the workers engagement from his employers or a certificate of employment is sufficient proof for the purposes of para (1) (b).

3) the secretary of state may issue a registration certificate to an EEA national who is the family member of a qualified person or of an EEA national with a permanent right of residence under Regulation 15.

Evidence required
1.Evidence of EEA nationality (valid passport or national identity and
2. Evidence that she/he is a qualified person exercising treaty rights.

An EEA national who is the family member of a qualified person (e.g. spouse or civil partner) is also entitled to a registration certificate.

Procedure for Applying for a Registration Certificate

We will fill out the relevant application for you but you will need to include the following;
1. Enclose Valid EEA Passports as well as evidence of economic activity or ceased activity
2. Enclose passports
3. Enclose Home Office fee

Our fee: We charge £350
The document is issues with a validity for 5 years for workers, self employed and self sufficient persons. A job seeker should expect to be given 6 months, whilst a student 5 years of the length of the course.

Appeal rights against Refusal of Registration certificate
A refusal attracts a full 'in country' right of appeal under reg 26 (1) of the 2006 regulations. She/he would need to supply either an EEA passport or national identity card. If no evidence of EEA has been supplied then there is no right of appeal.

Contact us today on 0208 575 0061

Source: British Immigration Practice Handbook Mr O' Richards.