EU Settlement Scheme Family Permits

The EU Settlement Scheme (EUSS) Family Permit allows an eligible family member of a relevant EEA citizen to join their family member in the UK.

What is an EUSS Family Permit?

The EUSS was introduced by the UK government, as a result of Brexit, as the mechanism through which EU and EEA citizens, Swiss citizens (referred here as ‘EEA citizens’), and their family members resident in the UK prior to 31 December 2020 could secure their status and rights in the UK.

The deadline for most people to apply under the scheme was 30 June 2021 (the end of the ‘Grace Period’). However, joining family members of EEA citizens who have not resided in the UK prior to 31 December 2020 or whose continuous residence in the UK has been broken, can make applications for EUSS family permits.

An EUSS Family Permit allows the family members of relevant EEA citizens to travel to the UK with their family member or join them in the UK.

An EUSS Family Permit grants entry clearance for a period of six months. This may be shorter if the applicant states they plan to enter the UK at a later date. The applicant can leave and re-enter the UK as many times as they wish during the validity of their EUSS Family Permit. They are also permitted to work and study in the UK.

Who can apply for an EUSS Family Permit?

The following family members of relevant EEA citizens may be eligible to apply:

a spouse or civil partner where the marriage or civil partnership continues to exist at the date of application and was either contracted or formed before the specified date (31 December 2020);
a durable (unmarried) partner when the partnership was formed and was durable before 31 December 2020 and remains durable at the time of application (this usually requires two years’ cohabitation by 31 December 2020 or other significant evidence);
a child, grandchild, or great-grandchild of the EEA citizen or of their spouse or civil partner; or
a dependant parent, grandparent, or great grandparent of the EEA citizen or of their spouse or civil partner.

Relevant EEA citizens include:

EEA or Swiss nationals with Settled or Pre-Settled Status;
Irish citizens who meet the criteria for Settled or Pre-Settled Status;
citizens of Northern Ireland who are recognized under the Settlement Scheme; or
EEA or Swiss citizens who became British citizens.

Joining family members who are EEA citizens and have a passport or national ID card with a biometric chip may instead be able to apply for Pre-Settled Status/five years’ limited leave to enter under Appendix EU from outside the UK.

Family members of British citizens

Family members of qualified British citizens who lived with them in the EU, Switzerland, Norway, Iceland or Liechtenstein (known as the ‘Surinder Singh’ route) and family members who are the primary carers of British citizens (known as the ‘Zambrano’ route) can no longer apply for EUSS Family Permits. These routes closed on 8 August 2023. They may instead be able to apply for another type of UK visa, such as a family visa, or a Skilled Worker visa.

Please be aware that the above-mentioned routes remain open to those who were granted an EUSS Family Permit on the basis of a Surinder Singh or Zambrano application made by 8 August 2023.

What are the requirements for an EUSS Family Permit?

The requirements for an EUSS Family Permit are broadly as follows:

the applicant is the joining family member of a relevant EEA citizen;
the applicant will be joining their family member in the UK or will be travelling with them to the UK;
the family relationship began before 31 December 2020.

EUSS Family Permit applications can only be made from outside the UK.

Children, grandchildren, or great-grandchildren who are aged 21 or over must provide financial, medical, or other documentary evidence to demonstrate that they are dependant on the EEA citizen or their spouse or civil partner at the time of making the application.

Dependant parents, grandparents and great-grandparents applying after 30 June 2021 must also prove that they are dependant on their sponsor. This does not apply to those who made applications before 30 June 2021 and obtained EUSS Family Permits on that basis. In these cases, dependency would be assumed, and these applicants can make further extensions without needing to show dependency.

Certain EUSS Family Permit applications may be more complex than others. For example, applications as a durable partner attract greater scrutiny from Home Office case workers. We specialise in complex EUSS applications and will be able to assist in such circumstances.

Staying in the UK permanently

Applicants often apply for an EUSS Family Permit with the intention of joining their family member in the UK on a more permanent basis. Those who wish to stay in the UK for longer than six months must apply to the EUSS for Pre-Settled Status (also referred to as limited leave to remain) within three months of arriving in the UK.

If successful, they will then be able to stay in the UK for five years and may be eligible to apply for Settled Status (Indefinite Leave to Remain) after completing five years residence in the UK.

Late applications may be possible where there are reasonable grounds and supporting evidence for the delay is provided.

Applying for an EUSS Family Permit: How our Immigration Solicitors can help

Our team of immigration solicitors are renowned for their experience in EUSS Family Permit applications. The EUSS can be difficult to navigate, and individuals are often unsure of their entitlement to apply under the scheme.

Our immigration solicitors are here to help and can provide expert legal advice and assistance: please contact us or complete the enquiry form below.

More EU Settlement Scheme Family Permit FAQs

How much does it cost to apply?

There is no fee for applying for an EUSS Family Permit and applicants are not required to pay the Immigration Health Charge.

How can I apply for an EUSS Family Permit?

An application for a Family Permit must be submitted outside the UK. The application is made online.

Which documents should I submit with my application?

The documents you should submit with an EUSS Family Permit application depend on your individual circumstances. You will usually be required to provide proof of your identity, evidence of your relationship with your family member, and evidence of your plans to travel to the UK. We recommend contacting us for assistance in preparing your application to ensure the necessary documents are supplied.

Is an EUSS Family Permit different to an EEA Family Permit?

Yes, the EEA Family Permit was an old route for entering the UK and is now closed. Individuals who may have been eligible can consider applying for an EUSS Family Permit.

Is an EUSS Family Permit different from an EUSS travel permit?

Yes, and it is important to differentiate between both types of permits. An EUSS travel permit may be granted to allow non-EEA citizens to enter the UK if their biometric residence card has been lost, stolen, or has expired.

This applies to non-EEA citizens who have already been granted status under the EUSS. Once in the UK, these applicants can apply for a replacement biometric residence card.