If you are a family member of a citizen from the EU, Switzerland, Norway, Iceland, or Liechtenstein who was living in the UK before the Brexit deadline, the EU Settlement Scheme (EUSS) Family Permit is your specific entry route to join them. This free visa is the crucial first step that allows you to travel to the UK and then apply for your own long-term status under the main Settlement Scheme.
The eligibility rules are highly specific and retrospective, focusing on your relationship and your family member’s status as of 31 December 2020. Our team of specialist immigration advisors has a deep and practical understanding of these complex requirements. We provide expert guidance to assess your eligibility, gather the precise evidence needed, and manage your application from start to finish.
The Core Eligibility Checklist
To successfully apply for an EUSS Family Permit, you must meet all of the following conditions:
- You are an eligible family member of an EU, EEA, or Swiss citizen.
- Your qualifying family relationship began on or before 31 December 2020.
- Your EU/EEA/Swiss family member was living in the UK by 31 December 2020.
- Your family member is currently in the UK or will travel with you when you enter.
There is no deadline to apply for this permit, but it is a vital step to secure your rights.
Who is an Eligible Family Member?
The EUSS defines specific family relationships that qualify for the permit.
Close Family Members:
- Spouse, civil partner, or unmarried partner (in a durable relationship).
- Child or grandchild under the age of 21.
- Dependent child or grandchild over the age of 21.
- Dependent parent or grandparent.
Extended Family Members of a Spouse/Partner: You can also qualify if you are the child, grandchild, parent, or grandparent of your sponsor’s spouse or civil partner, subject to the same age and dependency rules.
Special Rule for Spouses of Swiss Citizens: A key concession exists if you are married to or in a civil partnership with a Swiss citizen who was resident in the UK by 31 December 2020. You may still be eligible if you married before 1 January 2026 and the relationship is ongoing.
Proving Your Case: The Essential Documentary Evidence
Your application will be decided entirely on the quality and strength of your supporting documents. You must provide clear proof of your identity, your family member’s status, and your relationship to them.
Your Identity and Your Family Member’s Status
- Your Identity: You must provide your valid passport or, if you are an EU/EEA national, your national identity card.
- Your Family Member’s EUSS Status: You must provide their 16-digit EU Settlement Scheme application number. This is found on the decision letter or email they received confirming their pre-settled or settled status.
- If Your Family Member Didn’t Need to Apply: In some cases (e.g., if they are a dual British citizen under a ‘Lounes’ or ‘McCarthy’ case), you will need to provide extensive evidence to prove they would have been eligible for the EUSS, including proof of their nationality and their UK residence history prior to 31 December 2020.
Proving Your Relationship
The evidence required is specific to the nature of your relationship.
- For Spouses/Civil Partners: You must provide your marriage or civil partnership certificate. It is crucial that the relationship began before 31 December 2020.
- For Unmarried Partners: You must prove you were in a ‘durable’ relationship by 31 December 2020. This usually means providing evidence that you had been living together for at least two years before that date. Strong evidence includes:
- Joint tenancy agreements, mortgages, or utility bills.
- Joint bank statements or tax returns.
- Official correspondence addressed to you both at the same address.
- For Dependent Relatives (e.g., parent or child over 21): You must provide evidence of your relationship (e.g., birth certificates) AND proof of your financial or medical dependency. This can include:
- Bank statements showing regular financial transfers from your UK sponsor.
- Letters from medical professionals confirming your reliance on them for care.
Retained Right of Residence’ – A Lifeline in Difficult Circumstances
You may still be eligible for a Family Permit even if your family situation has changed, provided you were living in the UK with your EU family member by 31 December 2020. This can apply if:
- Your EU family member has passed away.
- Your EU family member has permanently left the UK.
- Your marriage or partnership has ended through divorce or separation.
These are legally complex applications that require a detailed assessment of your circumstances and a robust evidence portfolio, for which our expert guidance is highly recommended.
How Our Experts Can Secure Your Family Permit
The EUSS Family Permit rules are a complex mix of current and historic immigration law. A small error in proving the timeline of your relationship or your sponsor’s residence can lead to a refusal. Our specialist advisors will:
- Conduct a deep-dive eligibility assessment of your entire family situation.
- Provide a precise and strategic checklist of the documents needed to prove every aspect of your case.
- Scrutinise your evidence to ensure it is strong, persuasive, and meets the strict Home Office requirements.
- Manage the entire online application process, ensuring it is submitted flawlessly.
- Provide a clear roadmap for your next steps towards securing pre-settled or settled status once you arrive in the UK.
Don’t let complex rules keep your family apart. 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.