The EEA Regulations create two classes of family members of an EEA national. The first class is the direct family members of the EEA national. These are:
- (i) spouses or civil partners;
- (ii) children under 21 of the EEA national or their spouse/ civil partner;
- (iii) dependent children of 21 and over of the EEA national or their spouse/ civil partner;
- (iv) dependent parents and grandparents of the EEA national or their spouse / civil partner.
The second class is the extended family members of an EEA national. A member of an EEA national’s household who are accompanying the EEA national to the UK or wishing to join them there can be considered as an extended family member. So also are:
- a relative of the EEA national or his spouse / civil partner and on serious health grounds, strictly require the personal care of the EEA national or their spouse/ civil partner; or
- a relative of the EEA national and would meet the requirements, (other than those relating to entry clearance) in the Immigration Rules for indefinite leave to enter the UK as a dependent relative of the EEA national were the EEA national present and settled in the UK; or
- a partner of the EEA national (other than a civil partner) and can prove to the ECO that they are in a durable relationship with the EEA national.