Under the current Immigration Rules, family members of EEA nationals are eligible to apply for either Settled or Pre-Settled Status if they have been resident in the UK prior to 31 December 2020.
Family members of EU nationals are still eligible to apply to join an EEA national in the UK, even if they have not previously resided in the UK prior to the end of the transition period (i.e. 31st December 2020).
Family members of an EU National who can make an application under the EU Settlement Scheme:
The following family members can make an application to join their EEA National family member living in the UK (‘the sponsor’):
- spouse, civil partner or unmarried partner
- child or grandchild aged under 21
- dependent child or grandchild of any age
- dependent parent or grandparent
If you are a close family member of an EU/EEA or Swiss citizen and are not living in the UK by 31 December 2020, you will be able to join your EU/EEA family member in the UK after 31 December 2020 provided your relationship existed prior to 31 December 2020 and still exists at the time of application.
Close family members as mentioned above (i.e. Spouses, civil partners, children and grandchildren under the age of 21, dependent children and grandchildren and dependent parents and grandparents) can make an application to join their relevant EEA sponsor.
Applying for an EUSS family permit from overseas:
If you are the close family member, you may be eligible to apply for an EUSS family permit to enter the UK.
To be eligible you will need to meet the following requirements:
- Your sponsor should have been a resident in the UK prior to 31st December 2020 and must have either been granted indefinite or limited leave to remain under the EU Settlement Scheme, or that they would have, if they had applied under the scheme; and
- You will need to demonstrate that your relationship with the relevant EEA national commenced prior to 31 December 2020, except in the case of a child who was born after that date.
An EUSS Family permit are usually valid for 6 months from the date of grant unless:
- you plan to arrive in the UK on or after 1 April 2021
- your application is approved more than three months ahead of your planned arrival date
In this case, it will be valid for 4 months from your planned arrival date.
Staying in the UK after you family permit expires
You can apply to the EU Settlement Scheme to continue living in the UK after your family permit expires.
What if the close family member entered the UK as a visitor after 31 December 2020, could they apply for pre- settled status from within the UK?
If a close family member enters the UK as a visitor after 31 December 2020, they will not be eligible to switch in-country (from inside the UK) under the EU Settlement Scheme and they will have to leave the UK and apply under the UK immigration routes available at the time (i.e. for a EUSS family permit or under Appendix FM).
Assistance with your application
Mulgrave Law can assist in obtaining a EUSS family permit by providing the following services:
- Providing free initial advice
- Advising on documents required
- Reviewing documents to ensure they fulfil the Home Office requirements
- Submitting the online application form
- Uploading documents and booking a biometric appointment.
Are you looking for Top Immigration Lawyers in London or Top Immigration Solicitors in London? Get in touch with Mulgrave Law, we are expert UK Immigration lawyers and advisors, based in our head office in Islington London N1, we offer business and personal services across the UK and world.