Under which circumstances should I apply for an EU Settlement Scheme family permit?

Are you an EEA citizen living in the UK with leave granted under the EU Settlement Scheme, and have dependent family members living abroad? You may be able to sponsor them to join you in the UK with an EU Settlement Scheme (“EUSS”) family permit.

The EUSS family permit, which replaced the EEA family permit from 30 June 2021, allows EUSS status holders who were living in the UK before 31 December 2020 to bring certain family members to the UK.

Eligible family members include partners and children and grandchildren under the age of 21 years old. The family relationship must usually have begun before 31 December 2020, for example, a marriage would have to have taken place before that date.

Proof of dependency

It is sometimes possible for children and grandchildren over the age of 21 years old, as well as parents and grandparents, to come to the UK under the EUSS family permit scheme if the applicant can provide proof of dependency.

The standard to prove dependency is a high one: that the applicant cannot meet their essential living needs without the support of the relevant EEA citizen. Support may be in the form of financial, medical, or other material support, for example, providing care where there is no other feasible option in the applicant’s home country.

These applications often require careful consideration and the submission of substantial supporting evidence to the Home Office to satisfy the high threshold applied in these cases. Often this is in the form of reports by medical practitioners and country reports.

What happens if a family permit is granted?

EUSS family permits are valid for six months, during which the family members must enter the UK. The joining family members will then need to apply to the EUSS for pre-settled status within three months of the date of their arrival.

How can we help?

Gherson has extensive experience in complex EUSS applications. Should you have any questions in relation to the EUSS family permit and future eligibility to apply for pre-settled status, please contact us or send us an email and we would be happy to discuss this with you. Alternatively, follow us on Twitter, Facebook, or, LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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