Table of Contents
- Introduction
- Application to join a family member from the EU, Switzerland, Norway, Iceland, or Liechtenstein
- Application to join a person from Northern Ireland
- Application if you have retained the right of residence
- Next steps after receiving an EU Settlement Scheme family permit
- Application if you reside outside the UK with a British citizen
The EU Settlement Scheme (EUSS) Family Permit is a crucial, free-of-charge entry clearance route for eligible family members of EU, EEA, or Swiss citizens who were living in the UK by 31 December 2020. It allows you to travel to the UK to join your family member and is the first step on your journey to securing your long-term status in the UK under the main EU Settlement Scheme.
Navigating the complex eligibility rules for the Family Permit can be challenging, as your rights are derived from your family member’s historic residence in the UK. Our team of specialist immigration advisors has in-depth expertise in all aspects of the EU Settlement Scheme. We provide clear, strategic guidance to assess your eligibility and manage your application, ensuring a smooth and successful journey to join your loved ones in the UK.
What is an EU Settlement Scheme Family Permit?
It is essential to understand what the Family Permit is and what it allows you to do.
- It’s an Entry Visa: The Family Permit acts as a UK visa, which you must apply for from outside the UK. It makes it easier to board your flight and prove your right to enter the UK upon arrival.
- Duration: It is a temporary permit, valid for up to 6 months.
- Your Rights in the UK: During its validity, you can live, work, and study in the UK and can travel in and out of the country multiple times.
- The Next Step: The Family Permit is your gateway to the UK. Once you are here, you must apply to the main EU Settlement Scheme to secure your long-term right to stay (either pre-settled or settled status).
Who is Eligible to Apply? The Core Requirements
Your eligibility depends entirely on your relationship with a qualifying person. There are two main categories of sponsor.
1. Family Member of an EU, EEA, or Swiss Citizen
This is the most common route. You can apply if your family member (e.g., your spouse, partner, child, or parent) began living in the UK by 31 December 2020 and now holds status under the EU Settlement Scheme.
This also includes complex cases where the family member is now a British citizen, known as ‘Lounes’ cases, or where they are a ‘frontier worker’ (living abroad but working regularly in the UK).
- ‘Retained Right of Residence’: You may still be eligible even if your family relationship has broken down, your EU family member has passed away, or they have left the UK, provided you were living with them in the UK before 31 December 2020. These are complex applications where our expert advice is crucial.
2. Family Member of an Eligible Person of Northern Ireland
You may also be eligible if your family member is an ‘eligible person of Northern Ireland’. This is a specific category for Irish, British, or dual British/Irish citizens who were born in Northern Ireland and meet certain parental citizenship requirements at the time of their birth.
Applying to the EU Settlement Scheme Directly vs. a Family Permit
It is important to understand your options.
- Family Permit First (Most Common): Most non-EU nationals must first apply for the EUSS Family Permit to travel to the UK. Once you arrive, you then make your application to the main EU Settlement Scheme.
- Apply Directly from Overseas: In some limited cases, you may be able to apply directly to the EU Settlement Scheme from outside the UK. This is usually only possible if you are an EU citizen yourself with a biometric passport or if you are a non-EU citizen who holds a UK-issued biometric residence card.
Our advisors will assess your circumstances and advise you on the correct and most efficient application route.
Important Exclusions: Who is No Longer Eligible?
- The Ukraine Family Scheme closed to new applicants on 19 February 2024.
- ‘Surinder Singh’ Route: You can no longer apply for an EUSS Family Permit as the family member of a British citizen with whom you were living in another EU/EEA country.
Why Specialist Guidance for Your EUSS Family Permit is Recommended
While the application is free, the eligibility rules are complex and retrospective, often requiring a significant amount of documentary evidence to prove your relationship and your sponsor’s residence history. A refusal can be disruptive and stressful.
Our expert immigration advisors will:
- Conduct a full eligibility assessment based on your family member’s specific circumstances and your relationship to them.
- Provide a detailed checklist of the evidence needed to prove your case, including for complex ‘retained rights’ or ‘Lounes’ applications.
- Manage the entire online application process, ensuring it is presented clearly and accurately.
- Advise you on the next steps, helping you plan for your subsequent, all-important application to the main EU Settlement Scheme once you are in the UK.
Secure your path to joining your family in the UK. Contact our specialist EU Settlement Scheme team today for a comprehensive consultation.
About the Author:
Farzad Ghods is an international lawyer specialising in UK immigration law. He is regulated by the Solicitors Regulation Authority (SRA) and the Immigration Advisors Authority (IAA) in the United Kingdom, and is also a member of the Iran Bar Association. He brings over fourteen years of professional legal experience to his practice.