EU SETTLEMENT SCHEME FAMILY PERMIT

If you are a non-EEA national seeking to join or accompany a family member who holds EU Settled or Pre-Settled Status, the EU Settlement Scheme Family Permit allows you to enter and live in the UK lawfully. This route remains open for those whose relationship with an eligible EEA citizen began before 31 December 2020.

The EU Settlement Scheme (EUSS) Family Permit enables eligible family members of EEA, Swiss, or qualifying British citizens to enter the UK without needing a visa under the points-based system. This route was created to preserve family unity post-Brexit and remains a valid entry pathway for those with pre-existing family relationships formed before 31 December 2020.

Unlike the closed EEA Family Permit route, the EUSS Family Permit remains available for eligible applicants from outside the UK.

You may be eligible to apply if:

• You are a spouse, civil partner, durable partner, child, dependent parent, or grandchild of a relevant EEA citizen or their spouse/civil partner
• Your family relationship began before 31 December 2020
• You intend to accompany or join the relevant EEA citizen in the UK within 6 months of applying

Applications must be made from outside the UK.

A relevant EEA citizen is:

• An EEA or Swiss national with Settled Status, Pre-Settled Status, or a pending EUSS application
• An Irish citizen who meets EUSS criteria (though they are not required to apply)
• An eligible person of Northern Ireland with British/Irish citizenship born in Northern Ireland
• A naturalised British citizen who previously held EEA citizenship and lived in the UK as an EEA citizen

Eligible family members include:

• Spouse or civil partner • Durable partner
• Child, grandchild, or great-grandchild
• Dependent parent, grandparent, or great-grandparent

You must prove that the relationship existed before 31 December 2020, and you must plan to either join or accompany your EEA family member in the UK.

As of 8 August 2023, the EUSS Family Permit is closed to new applications under:

• Surinder Singh – returning British citizens who lived in the EU with a non-EEA partner
• Zambrano – non-EEA carers of British children

These applicants now fall under the UK’s main family immigration rules, not the EUSS. However, if you have already applied by 8 August 2023, your route remains valid.

•  EUSS Family Permits issued after 1 April 2021 are valid for 4 months
• You must apply to the EU Settlement Scheme within 3 months of arriving in the UK
• If you miss the deadline, you must provide reasonable grounds for applying late

After entry, successful applicants can transition to Pre-Settled or Settled Status under the EU Settlement Scheme (EUSS).

• Applications are made online from outside the UK 
• You’ll need to provide:
  – A valid passport
  – Proof of relationship to the EEA family member
  – Evidence that your EEA family member holds (or is applying for) Settled or Pre-Settled Status
  – Travel plans confirming you intend to accompany or join them in the UK

• There is no fee to apply for the EU Settlement Scheme Family Permit.
• Applicants are exempt from the Immigration Health Surcharge.

The EEA Family Permit route is now closed. New applicants must use the EU Settlement Scheme Family Permit, provided they meet the eligibility criteria. Applications or appeals submitted before 31 December 2020 under the EEA route are still being processed under transitional regulations.

If you’re planning to join a family member in the UK under the EU Settlement Scheme, the legal process can feel overwhelming, especially with tight deadlines and strict eligibility rules. At Cromwell Wilkes, we help families navigate each step with clarity, efficiency, and care.

Contact us today for personalised legal advice and take the first step toward starting your life in the UK.