Who can apply for an EUSS Family Permit?

The EU Settlement Scheme Family Permit (“EUSS Family Permit”) is an UK immigration route designed to allow family members of EEA nationals who started living in the UK by 31 December 2020 to come join their family member in the UK after that date.  

EEA nationals who have not lived in the UK by 31 December 2020 and their family members cannot benefit from the EUSS. The advantage of the EUSS Family Permit is that it allows a much broader range of applicants compared to other non-EUSS visa routes.

Traditionally, most UK visa routes only allow your civil partner, married spouse, unmarried partner (i.e. someone whom you have lived with for 2 years in a relationship akin to marriage), or child under the age of 18 to join you in the UK. The EUSS Family Permit allows the following family members to apply: your civil partner, married spouse, unmarried partner, child or grandchild under the age of 21, and provided that they are dependent on you – your child or grandchild over the age of 21, and your dependent parent or grandparent. Generally, the family relationship must have existed prior to 31 December 2020 (unless your child was born after that date or if you are a Swiss national).

The EEA national whom the family member(s) are coming to join must have begun living in the UK prior to 31 December 2020, and must have status under the EUSS (subject to certain exceptions).

To qualify for an EUSS Family Permit, the applicant needs to intend to travel to the UK to join their family member within the next 6 months, and the EEA family member needs to either be resident in the UK or planning to accompany the applicant to the UK in the next 6 months. This is because the EUSS Family Permit will only be issued for 6 months. The family member will need to apply for Pre-Settled Status after coming to the UK and before their EUSS Family Permit expires, and thereafter apply for Settled Status when they qualify. 

If your family member does not qualify for an EUSS Family Permit, there may be other visa routes which they can apply under (e.g. a family visa).

How Gherson can assist

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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 do not 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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