EU Settlement Scheme Family Permit
The EU Settlement Scheme (EUSS) Family Permit is a permit that allows non-European Union (EU) or European Economic Area (EEA) citizens to travel to and enter the United Kingdom to join their family member who has EEA citizenship.
Please note that new applications are heavily restricted to specific relationships or circumstances that existed before the Brexit transition period ended. For further information, you can get in touch with one of our expert legal advisors at Total Law today on +44 (0) 333 305 9375, or contact us online.
What is the EU Settlement Scheme Family Permit?
The EU Settlement Scheme Family Permit is a UK immigration permit that allows non-EU and non-EEA citizens to travel to and enter the UK to join a close family member who is a legal citizen of an EU or EEA country. This permit is also valid for family members of citizens of Iceland, Liechtenstein, Norway, and Switzerland, and in some cases of a British or Irish citizen.
With the family permit, you can come and go from the UK for up to 6 months, which is the validity period of the permit. Eligible family members with this permit are allowed to do the following during their time in the UK:
- work
- study
- travel freely.
Permit holders can apply for pre-settled or settled status under the EU Settlement Scheme once they arrive in the UK, if they are eligible, which will allow them a longer duration of stay in the UK. Applying for pre-settled status must be done before the EEA family permit expires. Please note that those who came to the UK on a visa after December 31, 2020, cannot use the EU Settlement Scheme to bring family members to the UK and must check specific visa requirements.
Applicants cannot apply from inside the UK, so must apply from abroad.
Am I An Eligible Family Member for the EU Settlement Scheme?
Your eligibility depends on several factors, which have been outlined in detail below.
Eligible EU/EEA Citizen
In general, in order to be eligible, the eligible EU/EEA citizen must be:
- A citizen of the EU, Switzerland, Norway, Iceland, or Liechtenstein
- EEA or Swiss nationals with settled or pre-settled status under the EU Settlement Scheme.
- Individuals born in Northern Ireland with British, Irish, or dual citizenship, meeting certain criteria
- British citizens who lived with their family members in another EU/EEA country before 31 December 2020.
Eligible Family Members
The eligible family members of EEA nationals will meet one of the below relational criteria:
- Spouse or civil partner
- Durable partner (unmarried partner), which will require specific documents to prove your relationship
- Child, grandchild, or great-grandchild under 21
- Dependent child, grandchild, or great-grandchild over 21
- Dependent parent, grandparent, or great-grandparent
- Other close relatives who were dependent on the EEA citizen before 31 December 2020 and have documentation to prove the circumstances of dependence.
Your relationship to the EU/EEA citizen family member must have started before or on 31 December 2020, except for:
- Any children of the EU/EEA citizen born after this date
- Swiss citizens.
You must be able to prove your family relationship to the EU/EEA citizen by providing valid documents that evidence your relationship, such as a birth certificate or marriage certificate.
Other Circumstances and Relationships That May Qualify
In certain circumstances, you may qualify if:
- Your marriage or civil partnership to the EU/EEA citizen ended through divorce or death
- The family relationship has broken down due to domestic violence or abuse
- You were the primary carer of a child who is self-sufficient or the child of an EEA citizen in the UK before 31 December 2020 (see below ‘Zambrano’ criteria)
- You are Swiss and your relationship began after 31 December 2020 and is still ongoing.
Rights for Zambrano Carers
A Zambrano carer is someone who is not an EU or EEA national, but requires UK residence as they are the primary carer of a child or dependent adult with British citizenship. This right is known as the Zambrano Right in EU Law.
The Zambrano Right only applies to carers who entered the United Kingdom on or before 31 December 2020. Zambrano right to reside is available to the carer only if they have no other eligible legal options valid for their UK residence. If you believe you are an eligible person for this immigration option, we recommend you get in touch with one of our legal experts, as this can be a complicated immigration process to navigate. For advice and guidance, get in touch with us online, or call us on +44 (0) 333 305 9375.
What Documents Do I Need for EUSS Family Permits?
Depending on your circumstances, you may be required to provide specific documents in order to prove your eligibility for the EU Settlement Scheme.
In general, all applicants will need the following documents:
- A valid passport or national identity card for both applicants – the EU/EEA/Swiss citizen and the joining family member
- Proof of relationship to one another, such as a marriage or civil partnership certificate, the EU citizen’s child’s birth certificate, or the EU citizen’s birth certificate if they are bringing their dependant parent with them
- Proof of dependency – if the joining family member is the child of the British national, then the child’s birth certificate will suffice, but proof of financial dependency will be required for spouses or parents of the EEA national
- Proof of residence, such as an EU/EEA or British residence card, proving you lived in the UK before 31 December 2020 – utility bills and tenancy agreements will help to support this too
- Proof of Eligibility under Surinder Singh or Zambrano:
- For Surinder Singh: Evidence of living together in an EU/EEA country before Brexit.
- For Zambrano: Proof of being a primary carer for a British citizen, with no other viable options available for the dependent British national.
How to Apply for EU/EEA Family Permits?
The application process for an EUSS family permit can be quite complicated, due to the fact that specific conditions apply in terms of key dates before and after Brexit took place, eligible places of residence, and family relationships. Therefore, we recommend that if you think you qualify for an EU settlement scheme family permit, that you speak to a trusted legal advisor first in order to ensure you are following the best immigration route for your current circumstances.
To apply for an EU Settlement Scheme (EUSS) Family Permit, follow these steps:
- Ensure you meet the criteria as a family member of an eligible EU/EEA/Swiss citizen or a British citizen
- Gather or obtain all relevant documents outlined above – please note some may need to be translated or apostilled, which may take time
- Apply online from outside the UK through the UK government website, completing the application form in full and uploading all supporting documents
- Book and attend a biometric appointment to provide your fingerprints and have a photograph of your face taken.
In general, excluding any time taken to translate or obtain documentation and the length of time it may take you to apply for the permit, the UK immigration office usually takes up to 12 weeks (3 months) to process your application.
If your application is approved, you will be given a valid permit which lasts for 6 months. You can come and go from the UK as many times as you wish during the 6 months validity period.
After arriving in the UK, you are likely eligible to apply for pre-settled status and must do so from within the country.
How Much is the EU Settlement Scheme Family Permit?
The EU Settlement Scheme Family Permit is free of charge to all applicants. Applicants do not need to pay any application fee or immigration health surcharge (IHS) for this permit.
However, there are usually some practical costs associated with immigration applications, including any costs associated with obtaining translating or printing documents, travel costs to attend your biometric appointment, and any legal fees that may be involved if you hire a legal advisor or lawyer, depending on your situation.
Once in the UK, it is also free to apply for pre-settled or settled status.
How Can Total Law Help?
Obtaining the EU Settlement Scheme Family Permit is a great opportunity for family members of EU/EEA citizens who wish to join them for up to 6 months in the UK. As the permit allows family members to study and work during the 6 month validity period, it is a great option to spend time with your loved one without needing to commit to moving to the UK on a permanent basis. For those who do want to stay longer, the permit allows foreign nationals to apply for pre-settled or settled status.
However, applying for the EEA family permit can be complex, especially if you have a large family or unique personal circumstances. Trying to make sense of immigration legal requirements and visa categories may feel overwhelming. That’s why Total Law is here. Our expert team of immigration lawyers can guide you through every step of the application process. Whether you are seeking general advice or legal support, we provide personalised support tailored to your needs.
Contact us today online or call us on +44 (0) 333 305 9375 – we are here to help.
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FAQs
The Surinder Singh case was a European court ruling in the 1990s that allowed British citizens who had free movement rights in an EU/EEA country to return to the UK with their non-EEA family members. This route allowed close family members of the British citizen to reside in the UK, so long as the British citizen lived in an EU country before returning to Britain.
Although EU free movement rights for British nationals ended on 31 December 2020 due to Brexit, applicants who applied before August 8, 2023 may still be eligible under the EU Settlement Scheme if they meet the relevant criteria.
No. Once your EUSS family permit expires after its 6 month validity, the permit holder is no longer legally entitled to remain in the UK, or re-enter if the holder is abroad when it expires.
Usually, most permit holders move on to apply for pre-settled status once they arrive in the UK, in good time before the permit expires. This status allows you to live in the UK for up to 5 years, assuming you meet the eligibility criteria. After 5 years, you will then become eligible for settled status.
If you do not apply for pre-settled status and do not intend to do so, then you will need to leave and re-enter the UK by applying for a different visa, if you are eligible. Please note that visas vary widely in terms of what you are legally allowed to do in the UK during your visa stay, including work, study and residence allowances.
Legal Disclaimer
The information provided is for general informational purposes only and does not constitute legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at Total Law before making any decisions based on the content provided.