What Happens When My EEA Family Permit Expires?

Ways to Remain in the UK after my EEA Family Permit Expires

When your family permit expires, you will no longer have a right to remain in the UK because of the reduction in free movement rights now that Britain has left the EU. If you fail to find another way to remain in the UK, you are at risk of being detained by border force authorities.

There are various routes EEA family permit applicants can take in order to remain in the UK. For example, those wishing to obtain pre-settled status or settled status through the EU settlement scheme might be able to apply to the EU settlement scheme depending on their circumstances. If this is not possible there are other UK visas available to consider such as:

• UK Spouse or Partner visa
• UK Fiancé visa

The EU Settlement Scheme

Overview

The EU Settlement Scheme was designed to help EU citizens to remain in the UK. It can be accessed if you are on the EEA permit for family members. There are two stages to this process.

• Pre-settled status
• Settled status

The EU Settlement Scheme is a popular choice for family permit holders because it is free.

Rights under the EU Settlement scheme

Under the EU Settlement Scheme, you will enjoy similar benefits as you could on the EEA family permit. These include the following:

• Work in the EU.
• Use the NHS.
• Enrol in UK education.
• Access the welfare state: pensions, benefits, and more.
• Travel freely to and from the UK.

Applying to the EU Settlement Scheme

For most people, applying to the EU Settlement Scheme is no longer possible. Without a family member already in the UK under the scheme, the deadline was 30th June 2021. However, being in the UK on an EEA family permit re-opens the door.

You will need to get pre-settled status first, and then if you want to stay longer, apply for settled status. You don’t get to choose which one you apply for. Instead, the process is standardised, and you will receive whichever status is relevant to your circumstances.

To complete your application, you must complete the form on the UK government website. Alternatively, you can contact the EU Settlement Resolution Centre, which will send you a form to mail to the home office.

If you are applying on behalf of a dependent child, submit your application before completing theirs.

Pre settled status

You will need to think about pre-settled status almost immediately after you arrive in the UK on EEA family permits. This is because you need to apply for it within three months of arriving in the UK.

If you fail to make the application soon enough, you might be granted an extension if you have a particularly strong reason for not being able to return home. For example, you may be able to prove you will face domestic violence if you return. You can also argue that medical reasons are preventing you from traveling.

Once you have settled, you may access the above-mentioned rights for five years.

Settled Status

After your five years of continuous residency under pre-settled residency, you must apply for settled status. This is a much more permanent option that will allow you to stay in the UK for as long as you want.

It is important to note that you will not automatically be transferred to settled status. Rather, you must make a second application to the EU Settlement Scheme.

Continuous residency means spending at least six months of the year in the UK. There are some scenarios where it might be acceptable to leave the UK for more than six months which include:

• An “important reason” such as childbirth, illness, study, training, COVID-19, or overseas work for up to a year.
• Any length of compulsory military service.
• Time abroad as a Crown servant, in the armed forces, or the maritime sector.

Dependent Visas

Overview

You may not be able to apply to the EU Settlement Scheme family system successfully. This could be because you:

• Lack evidence of residence in the UK.
• Failed to apply within the first three months of your EEA family permit.

If your application has been wrongfully rejected, you can apply to have it checked again. However, the best way to remain after your EEA family permit expires might be to look beyond the EU Settlement Scheme to a dependent visa.

If you are a dependent of a UK resident, the most common visas you can get are the following:

• Spouse Visa.
• Partner Visa.
• Fiancé Visa.

Other visas are available if you are a different kind of close family member.

Unlike the EU Settlement Scheme, you must pay for a visa application. The exact fee will depend on the type of visa you are applying for. You will be applying inside the UK after your EEA Visa Permit expires, and it will cost £1,048. A further £1048 is applied for every dependent you add to your application. You will likely also have to pay a healthcare surcharge.

You can also pay an additional fee if you need a rapid result to your application. The Home Office will inform you how much it costs to fast-track your application.

Who Can Apply for a Dependent Visa?

Several complex requirements will define if you can apply for a dependent visa after your EEA Family Permit expires. You and your partner must both be over 18. Your partner must also:

• Be a UK citizen.
• Have settled status or pre-settled status.
• Have a Turkish Businessperson visa or Worker visa.
• Have refugee status.

The same categories apply to a visa for a dependent child or an adult coming to the UK to be cared for by a family member.

Rights on a Family Visa

You can stay in the UK for 2 years and 9 months as a family member. This time is shorter for fiancés and a proposed civil partner at just 6 months.

After the time has elapsed, you can remain in the UK by renewing your visa. This extension will allow you to remain in the UK for another 2 years and 6 months.

You have access to many rights during your stay, which are nearly identical to your rights under the EEA Family Permit and the EU Settlement Scheme family option.

However, the main difference is you won’t be able to access the NHS for free. While you are living in the UK, you must pay an NHS surcharge.

Becoming a British Citizen

Settled status could become a popular pathway to British citizenship as you already will have served the five years of continuous residency required to gain citizenship. The only other requirement you will need to fulfil is to be in the UK for 12 months after having settled status. This may become the standard practice for people building a life in the UK after their expired EEA family permit.

You can also reach five years of British residency if you renew your Dependent Visa enough times. Both options will require you to go through the usual citizenship system, including passing a citizenship and language test.

Staying in the UK after your EEA Family Permit Expires

If you allow your EEA Family Permit to expire and have not made alternative arrangements to remain in the UK, you may be in serious legal trouble. You will no longer be allowed to be in the UK and have 30 days to leave voluntarily.

Staying past this period puts you at risk of getting deported. If you are deported you will not be allowed to come back into the UK from 1 to 10 years.

How Can IAS Help?

It is clear that the expiry of your family permit is no reason to stop your efforts to join family members in the UK. There are several routes to remaining, and the most popular are the EU Settlement Scheme or a Family Visa.

Whichever option you choose, you will have to complete complex applications. Our expert team of immigration advisers can maximise your chance of success, and liaise with Home Office officials to track the progress of your application. Contact us at (+44)333 4149244 to find out how we can help.