EUSS Family Permit

What is a EUSS Family Permit

The EU Settlement Scheme (EUSS) Family Permit allows a person to come to the UK if they are the family member of an EU, EEA or Swiss citizen, or an eligible person of Northern Ireland. The family members of some British citizens can also get a family permit.

You can only apply if you are one of the following eligible family members:

• Spouse, civil partner or unmarried partner.
• Child or grandchild under 21.
• Dependent child or grandchild over 21.
• Dependent parent or grandparent.
• Family members who were adopted under an adoption order that’s recognised in UK law.

General requirements

In order to qualify for an EUSS Family Permit, you will need to satisfy UK Visas and Immigration that you meet the following requirements:

• You are the joining family member of a relevant EEA citizen (an EEA citizen who holds either Settled Status or Pre-Settled Status, or has applied and is waiting for a decision);
• You will be accompanying the EEA citizen to the UK or joining them in the UK within 6 months of the date of application; and
• Your family relationship began prior to 31 December 2020.

You can also apply if you are an eligible family member of a British citizen and you have lived with them in the EU, Switzerland, Norway, Iceland or Liechtenstein since before 31 December 2020. This is known as a 'Surinder Singh' application. If your relationship with them started before 1 February 2020, you have until 29 March 2022 to apply, unless you have show evidence of 'reasonable grounds' for not returning to the UK by then. If your relationship started on or after 1 February 2020, you will need to have 'reasonable grounds' for not returning to the UK by 31 December 2020 when applying for your family permit.

The exact requirements you will need to satisfy may vary depending on your circumstances. You may want to speak to an immigration specialist for expert advice.

Retained right of residence

You may still be able to apply if you previously had a right to reside in the UK as the family member of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein, but they have since died, left the UK, or the family relationship has broken down.

This is known as the 'retained right' and you may have it if:

• your eligible family member died
• you’re their child, they died or left the UK, and you are in education in the UK
• you’ve had a child with them, they died or left the UK, and the child is in education in the UK
• they divorced you or a member of your family
• the relationship has broken down permanently because of domestic violence or abuse

Depending on your circumstances, you must also meet other requirements to be eligible for a retained right of residence. As this can be a complex area of rules, we would recommend you to discuss with our immigration specialist for advice.

How long can you stay in the UK

If your application is successful, you will be granted a either 4-month visa, which allows you to enter the UK.

If you wish to stay in the UK beyond the validity period of your EUSS Family Permit, you will need to apply to the EU Settlement Scheme.

The deadline for applying to the EU Settlement Scheme is 30 June 2021. However, joining family members arriving after 01 April 2021 can apply within 3 months of arrival (and prior to the expiry of their family permit), or show reasonable grounds for not applying within this period.

Processing time and application fees 

There application is currently free of charge. You are also not required to pay the Immigration Health Surcharge.

You must be outside the UK to apply. The application processing time varies and on average may take 4-6 months.

How we can help

Our knowledgeable and experienced immigration team can:

• Assess your case and advise whether you are eligible to apply
• Provide you with a tailored & comprehensive document list
• Review all your documents and advise on necessary amendments
• Suggest on how to improve your application
• Complete your application forms in accordance with the UKVI requirements
• Assist you to complete the application submission process
• Provide our representation letter to support your application with necessary legal arguments
• Liaise with UKVI on your behalf

Depending on your need and budget, we have different levels of services that you may choose from. Check out Our Services to see which one is for you. 

Want to discuss your case with an immigration specialist? Contact Us now.