The EU Settlement Scheme (EUSS) Family Permit includes a specific and highly nuanced route for the family members of an ‘eligible person of Northern Ireland’. This pathway, born out of the unique position of Northern Ireland post-Brexit, allows family members to join their qualifying relative in the UK. The eligibility criteria are layered and complex, requiring a deep dive into the sponsor’s birthright, parentage, and their own UK residence history.
Navigating this intricate application requires specialist legal knowledge. Our team of expert immigration advisors has a comprehensive understanding of the specific rules governing the ‘person of Northern Ireland’ route. We provide a meticulous, step-by-step service to assess your eligibility, compile the extensive and precise evidence required, and manage your application from start to finish, ensuring the best possible chance of uniting your family in the UK.
Defining an ‘Eligible Person of Northern Ireland’: The Core Sponsor Requirements
Your eligibility for a Family Permit hinges entirely on the status of your family member (the sponsor). They are not simply a British or Irish citizen; they must be a specifically defined ‘eligible person of Northern Ireland’.
This means your family member must meet all of the following criteria:
- Citizenship: They must be a British, Irish, or dual British and Irish citizen.
- Birthplace: They must have been born in Northern Ireland.
- Parentage: At the time of their birth, at least one of their parents must have held British or Irish citizenship (or had no time limit on their stay in Northern Ireland).
- UK Residence: They must have been living in the UK on or before 31 December 2020.
- EUSS Status: They must either have pre-settled or settled status under the EU Settlement Scheme, or be able to prove they were eligible for it.
Who Can Apply as an Eligible Family Member?
If your sponsor meets the definition above, you may be able to apply as their family member. The qualifying relationships include:
- Spouse, civil partner, or unmarried partner.
- Child or grandchild under the age of 21.
- Dependent child or grandchild over the age of 21.
- Dependent parent or grandparent.
These definitions also extend to the family members of your sponsor’s spouse or civil partner.
The ‘Specified Relevant Person of Northern Ireland’ Route: A Key Concession
A crucial, and even more complex, sub-category exists for non-EU family members of a person of Northern Ireland who holds British or dual British/Irish citizenship (not sole Irish citizenship).
This route may allow you to join them even if you were not living in the UK by 31 December 2020. To be eligible, you must prove there were ‘compelling practical or compassionate’ reasons why your family member could not return to the UK by the Brexit deadline without you. This is a very high threshold and could include reasons such as a serious illness or strict COVID-19 travel restrictions that prevented your joint return. This route can also extend to a wider range of ‘other dependent relatives’.
Building Your Case: The Extensive Evidence You Must Provide
This application requires a significant and precise portfolio of documents to prove every aspect of your eligibility.
Evidence for the ‘Person of Northern Ireland’
You must provide a comprehensive set of documents to prove your sponsor’s status, including:
- Proof of Birth in Northern Ireland: Their birth certificate or passport.
- Proof of Citizenship: Their valid British and/or Irish passport.
- Proof of Parent’s Citizenship: Evidence of a parent’s status at the time of your sponsor’s birth (e.g., the parent’s passport or naturalisation certificate).
- Proof of UK Residence: Evidence that they were living in the UK by 31 December 2020 and have not broken their continuous residence since.
- EUSS Application Number: Their 16-digit EU Settlement Scheme application number, if they have one.
Evidence of Your Identity and Relationship
- Your Identity: Your valid passport or national identity card.
- Your Relationship:
- Spouses/Partners: Marriage/civil partnership certificates. For unmarried partners, extensive evidence of at least two years of cohabitation prior to 31 December 2020 is required (e.g., joint bills, tenancy agreements, bank statements).
- Dependent Relatives: Birth certificates to prove the family link, plus strong evidence of financial or medical dependency (e.g., bank transfers, letters from doctors).
How Our Experts Navigate This Complex Route for You
The ‘person of Northern Ireland’ route is one of the most legally intricate parts of the EU Settlement Scheme. The level of documentary evidence required is exceptionally high, and a simple omission can lead to a refusal. Our specialist legal service is designed to master this complexity.
- We conduct an in-depth eligibility assessment of both you and your sponsoring family member against the strict legal definitions.
- We provide a detailed and strategic document checklist, guiding you on how to obtain the precise evidence needed to prove every point, from parentage to dependency.
- We meticulously compile your application bundle, ensuring it is presented in a clear, logical, and persuasive manner for the Home Office caseworker.
- We prepare detailed legal representations to accompany your application, expertly arguing how your case meets the specific and nuanced requirements of this unique immigration route.
Do not leave your family’s future to chance. If you believe you may be eligible under the ‘person of Northern Ireland’ route, contact our specialist immigration 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.