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25 Nov What is an EUSS Family Permit?

Posted on November 25, 2021 in Investing in the UK by
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An EU Settlement Scheme (EUSS) Family Permit (FP) allows certain family members to travel to the UK in order to join their sponsor. The FP is going to be valid for a period of 4 months (as of 30 June 2021), during which the applicant must travel to the UK. Once they travel to the UK, they will need to switch to Pre-settled Status under the EUSS before the expiry of their EUSS Family Permit.

Having accumulated 5 years of residence in the UK under the Pre-Settled status category, an applicant can then secure permanent residence in the UK by applying for EUSS Settled Status.

 

Who is eligible for an EUSS family permit?

An application can be made by both non-EEA citizens and specified EEA citizens. They must be specified family members of either a qualifying British citizen or a relevant EEA national.

Who is a qualifying British citizen?

  • A British citizen who had permanent residence in an EEA state with the applicant, before 11pm on 31 December 2020. Their residence in the relevant EEA state must be genuine and they must have formed or strengthened their family life there, or
  • A British citizen who at the date of application and before 31 December 2020 resided in an EEA state as a worker, student, self-sufficient person or self-employed person with the applicant. Residence must be genuine.
  • The above can also include situations where the qualifying British person has died.

In circumstances where the family relationship began on or after 1 February 2020, the British citizen should have returned to the UK by 31 December 2020. If after 31 December 2020, a late application can be made on reasonable grounds by disclosing the qualifying British person’s failure to return by 31 December 2020. If the relationship started before 1 February 2020, an application can be made any time before 11pm on 29 March 2022.

Who is a relevant EEA citizen?

  • An EEA citizen holding status under the EUSS, including EEA citizens who have now died;
  • A dual EEA/British citizen who was living in the UK before 11pm on 31 December 2020. They must have qualified before they became British. Qualified means being resident in the UK while either working, or being a student or self-sufficient person with private health insurance;
  • An Irish national who has status under the EUSS, or one who can show a period of UK residence before 1 July 2021;
  • A British and/or Irish citizen born in Northern Ireland, and at the time of their birth, one of their parents was British and/or Irish or had a permanent right to reside in Northern Ireland. The British and/or Irish citizen must have spent a period of time resident in the UK before 01 July 2021;
  • A person who has been granted a Frontier Worker permit

Who is a relevant family member of an EEA national?

  • Spouses who married before 11pm on 31 December 2020;
  • Civil partners who entered into a civil partnership before 11pm on 31 December 2020;
  • The spouse or civil partner of a Swiss citizen, it this began before 1 January 2026;
  • Unmarried partners who have cohabited for a minimum of 2 years by 11pm on 31 December 2020;
  • A child, grandchild, or great-grandchild (including adoptive children), under the age of 21, of either the EEA or of their spouse or civil partner;
  • A dependent child, grandchild and great-grandchild (including adoptive children), age 21 or over, of either the EEA or their spouse or civil partner.  A dependent means that the applicant cannot meet their essential living needs without the EEA citizen’s assistance;
  • A parent, grandparent or great-grandparent of either the EEA citizen or their spouse or civil partner.

Who is a relevant family member of a Qualifying British citizen?

  • Spouses who married before 11pm on 31 January 2020;
  • Civil partners who entered into a civil partnership before 11pm on 31 January 2020;
  • Unmarried partners who have cohabited for at least a two-year period by 11pm on 31 January 2020;
  • A child (including adoptive child), under the age of 21, of either the qualifying British citizen or of their spouse/civil partner;
  • A dependent child (including adoptive child), age 21 or over, of either the qualifying British citizen or their spouse/civil partner;
  • A parent of either the qualifying British citizen or their spouse or civil partner;
  • A dependent relative of the qualifying British citizen, where they have a strict need for the personal care of the qualifying British citizen on serious health grounds.

For any immigration enquiries, please contact us on 02033843075.

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.