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.

EU Settlement Scheme Family Permit: A Detailed Eligibility Guide for Family of EU/EEA Citizens

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:

1. You are an eligible family member of an EU, EEA, or Swiss citizen.
2. Your qualifying family relationship began on or before 31 December 2020.
3. Your EU/EEA/Swiss family member was living in the UK by 31 December 2020.
4. 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.

EU Settlement Scheme Family Permit for Family of a Person of Northern Ireland: A Specialist Legal Guide

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:

1. Citizenship: They must be a British, Irish, or dual British and Irish citizen.
2. Birthplace: They must have been born in Northern Ireland.
3. 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).
4. UK Residence: They must have been living in the UK on or before 31 December 2020.
5. 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.

EU Settlement Scheme Family Permit with ‘Retained Right of Residence’: A Specialist Legal Guide

Life is unpredictable, and family circumstances can change in profound ways. For family members of EU/EEA citizens in the UK, events like a death, divorce, or departure can create immense uncertainty about their immigration status. The UK’s immigration rules provide a crucial, but legally complex, lifeline in these situations called the ‘retained right of residence’.

This pathway allows you to apply for an EU Settlement Scheme (EUSS) Family Permit to enter or return to the UK, even though your original qualifying family link has been broken. These are deeply personal and often challenging applications that require a high level of documentary evidence and a sensitive, expert approach. Our team of specialist immigration advisors has extensive experience in handling these nuanced cases. We provide a compassionate and professional service to build a robust application that clearly demonstrates your right to remain in the UK.

What is ‘Retained Right of Residence’?

‘Retained right of residence’ means that you get to keep your right to live in the UK under the EUSS rules, even after your direct family link to an EU/EEA national has ended. To be eligible, you must have been living in the UK with your EU/EEA family member before the qualifying event (such as death or divorce) occurred.

You can only apply for a Family Permit on this basis from outside the UK.

Pathways to Retaining Your Right of Residence

There are several distinct scenarios where you can claim a retained right of residence.

1. If Your EU/EEA Family Member Has Passed Away

This is a key protection for bereaved family members. You may be eligible if you lived continuously in the UK with your family member for at least one year immediately before their death.

Alternatively, the one-year residence requirement might be waived if your family member was a worker or self-employed person in the UK at the time of their death, and they had been living in the UK for at least two years.

2. If You are a Child (or Parent of a Child) in Education

This important provision protects the educational stability of children. You may be eligible if:

• You are a child, your EU/EEA parent has died or left the UK, and you are currently in education in the UK.
• You are the parent with custody of a child, their other EU/EEA parent has died or left the UK, and the child is in education in the UK.

You must be able to prove that the child was enrolled in and attending education in the UK before the parent died or left, and that they are continuing their education.

3. Following a Divorce or Dissolution of a Civil Partnership

You can retain your right of residence after the legal end of a marriage or civil partnership with an EU/EEA national, provided you were living in the UK when the relationship officially ended, AND one of the following is also true:

• The marriage/civil partnership lasted for at least 3 years, and you both lived in the UK for at least one year of that time.
• You have been granted custody of the EU/EEA national’s child.
• You have been granted a right of access in the UK to the EU/EEA national’s child (who must be under 18).
• There were particularly difficult circumstances, such as being the victim of domestic violence or abuse during the relationship.

4. If You are a Victim of Domestic Violence or Abuse

This crucial safeguard allows you to escape an abusive situation without losing your right to live in the UK. You can apply if your family relationship with an EU/EEA national (as a spouse, partner, child, or dependent parent) has permanently broken down as a result of domestic violence or abuse that occurred while you were in the UK. You will need to provide sensitive but compelling evidence to support your claim.

The Essential Evidence for a Retained Rights Application

These applications are highly evidence-dependent. In addition to proving your own identity and your previous relationship, you must provide specific documents for your particular situation.

• For Bereavement: Your family member’s death certificate and proof of your joint residence in the UK.
• For Education: Evidence that the child is enrolled in a UK educational institution (e.g., letters from the school) and, where applicable, proof of your custody.
• For Divorce: Your decree absolute (or equivalent), and evidence that you meet one of the additional conditions (e.g., proof of the length of your marriage and cohabitation in the UK).
• For Domestic Violence: This is highly sensitive and can include police reports, court orders (such as non-molestation orders), letters from charities or social services, or medical reports.

Why Specialist Legal Support is Vital for Retained Rights Cases

Retained right of residence applications are among the most legally complex in UK immigration. They require a deep understanding of EU law principles and the ability to present a sensitive and persuasive case to the Home Office.

Our expert immigration advisors will:

• Provide a compassionate and confidential consultation to assess the specific details of your case.
• Offer strategic advice on which retained rights category you are most likely to succeed under.
• Guide you through the process of gathering the sensitive evidence required to prove your claim.
• Draft detailed legal representations to accompany your application, clearly and expertly arguing why you meet the complex legal tests.
• Manage the entire application process with the professionalism and sensitivity your case deserves.

After You Get Your EU Settlement Scheme Family Permit: A Guide to Your Next Steps in the UK

Receiving your EU Settlement Scheme (EUSS) Family Permit is a wonderful and crucial first step towards building your life in the UK with your family. This document is your key to entering the country and beginning your journey. However, it is vital to understand that the Family Permit is a temporary visa with a strict expiry date. Your journey is not yet complete; you must take further, timely action once you arrive in the UK to secure your long-term right to stay.

This guide provides a clear, step-by-step overview of what to do after your Family Permit is granted, from arriving at the UK border to applying for your long-term status under the main EU Settlement Scheme. Our team of specialist immigration advisors provides end-to-end support, ensuring your transition from a temporary permit to a long-term status is seamless, successful, and stress-free.

Your Rights in the UK with a Family Permit

Your EUSS Family Permit grants you significant rights for its duration. While the permit is valid, you can:

• Travel to and from the UK: You can enter and leave the UK multiple times.
• Work: You have the right to take up employment in the UK.
• Study: You are permitted to enrol in a course of study.

Arriving at the UK Border: A Smooth Entry

When you travel to the UK, you must present your valid passport containing your EUSS Family Permit vignette (sticker) to Border Force officers.

• Using ePassport Gates: If you are a national of an eligible country (such as the EU/EEA, Australia, Canada, Japan, New Zealand, Singapore, South Korea, or the USA), you may be able to use the automated ePassport gates for a quicker entry.
• Seeing a Border Force Officer: If you are not from one of these countries, you will need to see a Border Force officer at a manned desk. They will check your passport and your Family Permit to grant you entry to the UK.

The Most Important Step: Applying to the EU Settlement Scheme

This is the most critical action you must take after you arrive. The EUSS Family Permit is a short-term entry visa, typically valid for 6 months. It is not a long-term residence document.

To secure your future in the UK, you must apply to the main EU Settlement Scheme to get either pre-settled or settled status.

The Critical Deadline: When You Must Apply

The standard deadline for making your application to the EU Settlement Scheme is within 3 months of your arrival in the UK.

• Do Not Miss This Deadline: Missing this deadline can have serious consequences for your right to live, work, and rent in the UK after your Family Permit expires. It is absolutely crucial to apply on time.
• Applying Late with ‘Reasonable Grounds’: It may be possible to make a late application if you have strong, evidence-based ‘reasonable grounds’ for missing the deadline (for example, a serious illness or another compelling reason). However, relying on this is risky, and a timely application is always the best and safest course of action.

From Family Permit to Pre-Settled or Settled Status

Your application to the main EU Settlement Scheme will be assessed based on your relationship with your EU/EEA family member. If successful, you will be granted either:

• Pre-Settled Status: This is typically granted if your EU family member has pre-settled status or has been in the UK for less than five years. It gives you the right to stay in the UK for a further five years and is your pathway to settled status.
• Settled Status (Indefinite Leave to Remain): This is typically granted if your EU family member has settled status or has been in the UK for five years or more. Settled status gives you the permanent right to live in the UK.

How Our Experts Ensure Your Long-Term Security in the UK

Our service does not end when your Family Permit is granted. We provide a complete, end-to-end journey to secure your permanent future in the UK.

• We provide a clear timeline and reminders for your crucial in-country EUSS application, ensuring you never miss the deadline.
• We manage your application to the main EU Settlement Scheme, leveraging the information from your successful Family Permit application to build a seamless and robust case.
• We handle all communication with the Home Office on your behalf.
• We provide strategic advice on your path from pre-settled to settled status, ensuring you understand the requirements for your final settlement application.

You’ve successfully made it to the UK. Now, secure your future here. Contact our specialist EU Settlement Scheme team as soon as you arrive to begin the final and most important stage of your immigration journey.

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.