EU Settlement Scheme Family Permit

Overview of the EU Settlement Scheme Family Permit

Since the UK voted to leave the European Union in 2016, Freedom of Movement across the continent for Britons came to an end on 31 December 2020.

In line with this change, all EU citizens seeking entry into the country, and those who have lived in the UK prior to this date, are subjected to new immigration rules that came into effect as of 1 January 2021.

Depending on the applicants’ date of arrival and accumulated ‘continuous residency’, all EU, EEA and Swiss nationals are permitted to apply for Settled Status or Pre-Settled Status as part of the EU Settlement Scheme (EUSS). This is a long term residency scheme that affords eligible foreign nationals the right to permanent residency in the UK.

An offshoot of this scheme is the EUSS Family Permit. This is a 6 month permit that allows eligible family members of certain EUSS or Northern Irish individuals to come to the UK and study and work during the permit’s validity.

You will be able to apply for the EUSS yourself within 3 months of arriving in the UK.

What is the EU Settlement Scheme?

The EU Settlement Scheme is a temporary measure intended to register all resident European citizens and their family members as a result of the post-Brexit immigration rules. It is temporary but has been extended far beyond the set transitional period to grant all residents enough time to apply.

With Settled or Pre-Settled Status, EU citizens can rest assured that they will not be ordered to leave the country – or deported – at a later date and will be able to continue to live and work in the UK seamlessly.

The deadline for most people to apply to the EUSS Was 30 June 2021. However, you can still apply to the EUSS past this deadline if one of the following applies to you:

• You’re applying as a family member of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein who was living here by 31 December 2020 and has settled or pre-settled status, and you joined them in the UK on or after 1 April 2021 (EUSS Family Permit)
• You’re applying for your child who was born or adopted in the UK on or after 1 April 2021
• You’re the family member of an eligible person of Northern Ireland, but they could not move back to the UK without you by 31 December 2020
• You’re exempt from immigration control, or you stopped being exempt from immigration control after 30 June 2021
• You were living in the UK by 31 December 2020, and you got limited leave to enter or remain in the UK before 30 June 2021 and that leave expires after 30 June 2021
• There are other reasonable grounds for why you could not apply by the deadline

For most people, the EUSS Family Permit is the primary way they can apply for settled status through the EUSS. More information regarding this permit is contained in the sections below.

Who Is Eligible to Apply for the EUSS Family Permit?

You may be eligible for the EUSS Family Permit if you fit into one of the categories below.

Joining an Eligible Family Member

You can come to the UK with an EUSS Family Permit if all the following are true:

• You’re the eligible family member of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein
• Your family relationship began by 31 December 2020
• Your family member was living in the UK by 31 December 2020
• Your family member will be in the UK when you apply, or will travel there with you up to 6 months later

Alternatively, if you were living in the UK by 31 December 2020, you can apply for an EUSS Family Permit to return to the UK to join your family member, even if they did not apply to the EU Settlement Scheme.

To be eligible, you must prove the following:

• You have not broken your continuous residence in the UK; i.e. you must have not left the UK for more than 6 months in any 12 month period
• Your family member must be a citizen of an EU country, Switzerland, Norway, Iceland or Liechtenstein
• Your family member has been living in the UK since before 31 December 2020
• You’re their family member, and have been since before 31 December 2020

Joining an Eligible Northern Irish Family Member

You may be able to apply for an EUSS Family Permit if you’re the family member of an eligible Northern Irish person.

To be eligible, your Northern Irish family member must:

• Be a British, Irish or dual British and Irish citizen
• Have been born in Northern Ireland
• Have had at least one parent who held British, Irish or dual citizenship (or had no restriction on how long they could stay in Northern Ireland) at the time of their birth
• Have been living in the UK since before 31 December 2020
• Have settled or pre-settled status – or show that they were eligible for it if they had applied (or been able to apply) by 30 June 2021

Retained Right of Residence

You may also be eligible for an EUSS Family Permit if you previously had the right to live in the UK through an eligible family member, but mitigating circumstances have meant that the relationship is not currently eligible. If this applies to you, then you may be deemed to have ‘right of residence’.

This includes the following scenarios:

• Your eligible family member died
• You’re their child, they died or left the UK, and you are in education in the UK
• You’ve had a child with them, they died or left the UK, and the child is in education in the UK
• They divorced you or a member of your family
• The relationship has broken down permanently because of domestic violence or abuse

Eligible Family Members for the EUSS Family Permit

You can only join certain family members on an EUSS Family Permit.

Which family members you can join may also vary depending on the type category you are eligible for.

If You’re Joining a Family Member and/or an Eligible Northern Irish Person

If you’re joining an EU family member or an eligible Northern Irish person in the UK, you can apply for a Family Permit if you are one of the following:

• A spouse, civil partner or unmarried partner
• A child or grandchild under 21
• A dependent child or grandchild over 21
• A dependent parent or grandparent
• The child or grandchild aged under 21 of a spouse or civil partner applying for a Family Permit
• The dependent child or grandchild over 21 of a spouse or civil partner applying for a Family Permit
• The dependent parent or grandparent of a spouse or civil partner applying for a Family Permit

The person you’re joining must be a citizen of the EU, Switzerland, Norway, Iceland or Liechtenstein. They must also have settled or pre-settled status under the EUSS, or be waiting for a decision.

If you’re applying as the spouse or civil partner of a Swiss citizen, you can still be eligible if you got married or entered into a civil partnership with them between 31 December 2020 and 1 January 2026.

If You’ve Retained Right of Residence

If you’ve retained right of residence, eligible family members will vary based on your personal circumstances.

Your family member must be, or have been, a citizen of an EU country, Switzerland, Norway, Iceland or Liechtenstein who was living in the UK by 31 December 2020.

You must also have lived in the UK with your eligible family member before they died, left the UK, or the relationship broke down.

Documents Needed for the EUSS Family Permit

The specific documents you must provide will vary based on the route you are taking and your persona circumstances.

However, you may have to provide at least some of the following:

• A valid passport
• A valid national identity card, if you’re from the EU, Switzerland, Norway, Iceland or Liechtenstein
• Your family member’s application number to the EUSS
• Proof that your family member was resident in the UK by 31 December 2020 and they have been continuously resident in the UK
• Proof that your family member passes criminal record checks
• Proof of your marriage or civil partnership certificate (if applicable)
• Proof that you were in a long-term relationship with your partner by 31 December 2020 (if applicable)
• Birth certificates or other proof of a family relationship (if applicable)
• Proof of dependency on a family member (of applicable)
• Passport of your family member (if applicable)
• Proof that your family member is an eligible Northern Irish national (if applicable)
• Documents to support your right of residence application (if applicable), such as a death certificate, proof of custody of children, proof of divorce or marriage annulment, proof that a relationship has broken down because of domestic abuse, etc.

Apply for the EUSS Family Permit

Applications for the EUSS Family Permit must be made online through the gov.uk website.

You must be outside the UK in order to apply.

Unlike the EUSS itself, there is no deadline for applications.

As part of the application process, you must provide your personal details and any relevant supporting documents.

You may also have to give your biometrics at a visa application centre.

EUSS Family Permit Processing Time & Fees

It should take around 6 months for the Home Office to process your EUSS Family Permit application. However, this may be quicker in certain circumstances, such as if it is a quiet period or if your application is not complex.

There is no fee for applying for an EUSS Family Permit.

After You Get an EUSS Family Permit

Once you’re in the UK with your Family Permit, you can use it to work, study and also enter and leave the UK without restrictions for as long as it’s valid.

The permit is normally valid for 6 months.

However, you can apply to stay in the UK longer by applying to the EUSS while in the UK. You must do this within 3 months of your arrival, unless you can show proof that you have reasonable grounds for not applying earlier.

What is Settled Status and Pre-Settled Status?

Applying for the EUSS results in being granted either settled or pre-settled status.

You’ll receive settled status if you’ve been continuously resident in the UK for 5 years or more. Otherwise, you’ll receive pre-settled status and you’ll be able to apply for settled status once you are eligible.

Being granted settled status also means that you may be eligible for British citizenship.

If you have settled or pre-settled status, you will be able to:

• Work in the UK
• Use the NHS for free, if you can at the moment
• Enrol in education or study in the UK
• Access public funds such as benefits and pensions, if you’re eligible
• Travel in and out of the UK

Does IAS Help with Settled Status or Family Permit Applications?

Our immigration lawyers can absolutely help you if you are seeking Settled Status or an EUSS Family Permit. Although the form is easily accessible online, you may need assistance in building a portfolio of evidence that you will need to submit to the Home Office.

For instance, if you cannot prove your continuous residency in the UK using a National Insurance Card.

IAS hosts a team of specialist immigration lawyers who can help you find the best route to take as an EEA or Swiss national, inform you of your next steps and guide you through each stage of your application process.

We will:

• Ensure that all your documents are sufficient before you make an application
• Ensure that you/your family members are eligible for the EU Settlement Scheme
• Complete your application to the highest standard
• Prepare a Letter of Representation to accompany your application. This letter details your case and its merits and recommends that your case is accepted by the Home Office;
• Liaise with the Home Office until a decision regarding your application is reached.

Get in touch with our expert team of advisors today on +44 (0)333 414 9244 to find out precisely how we can help you to apply.

to hear more about our bespoke services.