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15 Oct How can a family member apply for EUSS status?

Posted on October 15, 2021 in EU Immigration by
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If you are a family member of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein, you might be able to apply for a Pre-Settled status under the EU Settlement Scheme (EUSS) if:

  • Your sponsor started residing in the UK prior to 31 December 2020;
  • Your sponsor has Settled or Pre-Settled status, has applied and is waiting for a decision or is eligible to apply under EUSS;
  • You are joining them in the UK on/after 1 April 2021.

Please note that the relationship must have started by 31 December 2020 and must still exist if you are in a relationship with a citizen who is from the EU, Switzerland, Norway, Iceland or Liechtenstein, such as spouse, civil partner or unmarried partner.

In addition, if you are related to a citizen from the above countries, or you are related to their spouse or civil partner, for instance, you are their child, grandchild or great-grandchild under 21 years old, or dependant child, grandchild or great-grandchild over the age of 21, or you are their dependant parent, grandparent or great-grandparent, you might also be able to apply to EUSS.

Evidence of relationship

Migrants will need to upload evidence of their relationship under EUSS, this evidence can be scans or photos of documents.

If you are their spouse or civil partner

If the migrant cannot provide a relevant document such as a family permit or a residence card, he/she will need to show evidence:

  • Of their relationship to their spouse or civil partner;
  • That their relationship existed by 31 December 2020 (by 31 December 2025 if your spouse or civil partner is a Swiss citizen);
  • That their relationship continues to exist on the date they apply.

If the individual is a spouse or civil partner now, but was an unmarried (durable) partner by 31 December 2020, he/she will need to provide evidence include:

  • A valid marriage or civil partnership certificate;
  • A valid overseas registration document for a same sex relationship which is entitled to be treated as a civil partnership under the Civil Partnership Act 2004.

If you are their unmarried (durable) partner

Migrants will need to provide evidence that they and their partner had lived together for at least 2 years prior to 31 December 2020:

  • Bank statements or utility bills in joint names at the same address;
  • Residential mortgage statement or tenancy agreement in joint names;
  • Official correspondence that links them at the same address.

Evidence of joint finances, business ventures or commitments for at least 2 years by 31 December 2020:

  • Tax returns, business contracts or investments.

Evidence of joint responsibility for a child by 31 December 2020:

  • The child’s birth certificate which names both parents;
  • A custody agreement showing that they are living together and sharing parental responsibility.

If you are their child, grandchild or great-grandchild

Accepted forms of evidence include the following:

  • Full birth certificate;
  • A court order, such as a special guardianship order;
  • Other documents which satisfy the caseworker that you are the direct descendant of the EEA or Swiss citizen or person of Northern Ireland (or of their spouse or civil partner).

Please note if you are a child, grandchild or great-grandchild who is aged 21 or over, and you were not previously granted Pre-Settled status under EUSS as a child aged under 21, you will also need to provide:

  • Evidence of your financial dependency, such as bank statements or money transfers;
  • Evidence of you needing and receiving the personal care of the EEA or Swiss citizen or person of Northern Ireland (or their spouse or civil partner) on serious health grounds, for example a letter from a hospital consultant.

When to apply?

Family members who join their sponsor in the UK on or after 1 April 2021, they must apply within 90 days of arriving in the UK.

If your sponsor is a British citizen (‘Surinder Singh’ applications)

If you are a family member of a British citizen and you lived in the EU, Switzerland, Norway, Iceland or Liechtenstein, you might be eligible to apply for a Pre-Settled status under EUSS. Migrants must have lived there with their sponsor prior to 31 December 2020 and returned with them to the UK. Individuals must be their:

  • Spouse, civil partner or unmarried partner;
  • Child, grandchild or great-grandchild under 21 years old;
  • Dependent child, grandchild or great-grandchild over 21 years old;
  • Dependent parent, grandparent or great-grandparent.

Please be advised that the deadline for the application depends on your relationship with your British family member. If your relationship as a spouse, civil partner or unmarried partner started before 1 February 2020, you must apply by 29 March 2022. However, if your relationship started on/after 1 February 2020, the deadline for applying under EUSS was 30 June 2021.

What if you missed the deadline?

The deadline for most migrants applying to EUSS was 30 June 2021. However, individuals might be able to submit their application if they have ‘reasonable grounds’ for why they didn’t apply by the deadline. For example:

  • They are a child, or applying for their child, and they did not know they needed to apply;
  • Their parent, guardian or local authority did not apply for them when they were a child;
  • They have, or had, a medical condition which prevented them from applying;
  • They lacked the physical or mental capacity to apply;
  • They have care or support needs, or those caring for them were unaware of the deadline;
  • They have been the victim of modern slavery;
  • They have been in an abusive or controlling relationship;
  • They did not have internet access, or access to relevant documents;
  • They came to the UK on a work or study visa and became eligible to apply to the EUSS while they were here, but did not know they could apply;
  • They already have indefinite leave to enter or remain, and did not know they could apply to the scheme;
  • They had permanent residence status or a residence document that stopped being valid after 30 June 2021, and did not know they needed to apply to the EUSS;
  • They had difficulty accessing support to apply because of coronavirus (COVID-19) restrictions;
  • Another compelling practical or compassionate reason prevented them applying.

Contact Our Immigration Team

For expert advice regarding any aspect of the UK visa application, please contact our immigration team on 0203 384 3075.

 

 

The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.