18 Jan What is a EUSS family permit?

You can apply for an EU Settlement Scheme (EUSS) Family Permit either to join or accompany a relevant EEA citizen or a qualifying British citizen in the UK or travel to the UK. It is free to apply.

You must be outside the UK to apply. It lets you come to the UK for up to 6 months. You can work and study and come and go as many times as you want before the permit expires.

You can apply to stay longer in the UK if you’re eligible for the EU Settlement Scheme.

There are different ways you can be eligible for a family permit. How you apply depends on how you’re eligible, the requirements are set out in FP6 of Immigration Rules Appendix EU (Family Permit).

FP6. (1) The applicant meets the eligibility requirements for an entry clearance to be granted under this Appendix in the form of an EU Settlement Scheme Family Permit, where the entry clearance officer is satisfied that at the date of application:

(a) The applicant is not a British citizen;

(b) The applicant is a family member of a relevant EEA citizen;

(c) The relevant EEA citizen is resident in the UK or will be travelling to the UK with the applicant within six months of the date of application;

(d) The applicant will be accompanying the relevant EEA citizen to the UK (or joining them in the UK) within six months of the date of application; and

(e) The applicant (“A”) is not the spouse, civil partner or durable partner of a relevant EEA citizen (“B”) where a spouse, civil partner or durable partner of A or B has been granted an entry clearance under this Appendix, immediately before or since the specified date (specified date 2300 GMT on 31 December 2020) held a valid document in that capacity issued under the EEA Regulations or has been granted leave to enter or remain in the UK in that capacity under or outside the Immigration Rules.

FP6 (2) The applicant meets the eligibility requirements for an entry clearance to be granted under this Appendix in the form of an EU Settlement Scheme Family Permit, where the entry clearance officer is satisfied that at the date of application:

(a) The applicant is not a British citizen;

(b) The applicant is a family member of a qualifying British citizen;

(c) The qualifying British citizen is resident in the UK or will be traveling to the UK with the applicant within six months of the date of application;

(d) The applicant will be accompanying the qualifying British citizen to the UK (or joining them in the UK) within six months of the date of application; and

(e) The applicant (“A”) is not the spouse, civil partner or durable partner of a qualifying British citizen (“B”) where a spouse, civil partner or durable partner of A or B has been granted an entry clearance under this Appendix, immediately before or since the specified date held a valid document in that capacity issued under the EEA Regulations or has been granted leave to enter or remain in the UK in that capacity under or outside the Immigration Rules.

To summarise, the eligible applicant’s family member should be one of the following:

• EEA/Swiss nationals with pre-settled or settled status under the EUSS.
• Irish citizens who meet the criteria for pre-settled or settled status under the EUSS.
• British citizens who also have EEA/Swiss citizenship and who lived in the UK as an EEA/Swiss citizen before obtaining British citizenship.
• Eligible persons of Northern Ireland with pre-settled or settled status under the EUSS.

The following family members are eligible to apply for the EUSS family permit:

• Spouse, civil partner, and unmarried partner of the relevant EEA/Swiss citizen
• Child, including grandchild and great-grandchild, of the relevant EEA/Swiss citizen or of their spouse/civil partner.
• Dependent parent, including grandparent or great-grandparent,) of the relevant EEA/Swiss citizen or of their spouse/civil partner.

Please note that there are no deadlines to apply for EUSS family permit, but any of these relationships need to have existed prior to 31 December 2020.

You will be granted a vignette stating attached to the passport. Your EU Settlement Scheme family permit will be valid for either 4 or 6 months, depending on your arrival date. If your application is approved more than 3 months before your planned arrival date, it will be valid for 4 months from your planned arrival date.

Although the application for a EUSS family permit could be straightforward and flexible, the refusal may occur if the applicant has a previous subsequent criminal record or failed to provide sufficient evidence of the relationship to their relevant EEA/Swiss family member.

It is worth noting that EUSS family permit holder is allowed to “work in the UK” according to the UKVI website. The previous EEA family permits did not give the right to work. The employers may not accept recruiting family permit holders due to their 6-month visa validity. As such, if you want to work in the UK it would be best practice to switch to EUSS scheme as soon as possible after arriving in the UK.

You can apply to the EUSS to stay in the UK after your family permit expires if the family member you join:

• started living in the UK by 31 December 2020
• have settled or pre-settled status, have applied and are waiting for a decision, or are eligible for settled or pre-settled status
• you’re joining them in the UK on or after 1 April 2021.

You must apply within 90 days after arrival.

You can use the same evidence you used to apply for the family permit.

Contact Our Immigration Team

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