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EUSS Family Permit in (2022) Application and Who can apply?

British Citizenship requirements

How My Legal Services Can Help With Your EUSS Family Permit

The EU Settlement Scheme (EUSS) Family Permit replaced EEA Family Permits on 30th June 2021 by Appendix EU (Family Permit) of the Immigration rules following the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union. Prior to 30 June 2021, it was common practice to apply for EEA Family permit applications.

What is a EUSS Family Permit?

The EUSS Family Permit allows non-EEA family members to join or accompany a close family member who is a relevant EEA citizen (s) or European Union citizens who was living in the UK by 31 December 2020 to join that person in the United Kingdom. The EEA Citizen in the UK, must have made a EUSS application to the Home Office and acquired Pre-Settled (limited leave) or Settled status (indefinite leave) in order to apply for their non-EEA family member (s) to join them in the UK. If the relevant EU citizen did not apply by the deadline of 30 June 2021, they may still qualify to apply for a late application under the EUSS scheme.

It also allows non-EEA citizens who wish to join or accompany a close family member who is an eligible person of Northern Ireland or an eligible naturalised British citizenship, or family members of British citizens who have lived with that British citizen in another EU country prior to 31 December 2020.

You can also apply for the EUSS family permit if you have lived in the EU, EEA of Switzerland as a close family member of a British citizen. You are also eligible to apply if you have a retained right of residence, for example, you have the right to remain in the UK as a family member of an EU, EEA or Swiss citizen who has died or left the UK or with whom the family relationship has broken down.

Who is a Non-EEA Family Member?

There are two types of eligible family members

  • Direct family members, such as Spouses, Civil partners, Children under 21 (or grandchild or great grandchildren) of a relevant EEA or EU citizens or their Spouse or Civil partner and dependent parents or dependent relatives (or grandparent or great-grandparent of the relevant EEA citizen or of their spouse or civil partner. Children over 21 that are dependent may also apply to apply.
  • Extended family members, a smaller group made up of unmarried partners and other more distant relatives like siblings and cousins who are dependent on their sponsor
  • The rules for other categories of extended family members such as unmarried partners

In each case, you must demonstrate that your relationship existed prior to 31 December 2020.

application for an EUSS family permit

Who can make an application for an EUSS family permit?

The following three categories are eligible family member (s): you will need to prove that the family relationship existed on 31st December 2020 and continues to exist as at the date of your application;

  • Spouse or civil partner or durable partner, i.e. in a durable partnership, which is defined as the couple having lived together in a relationship akin to a marriage or civil partnership for at least two years (unless there is other significant evidence of the durable relationship).
  • The child (or grand-child or great grand-child) who is aged under 21 of a qualifying British or EEA citizen or of their spouse or civil partner.
  • The dependent child (or grand-child or great grand-child) of any age of a qualifying British or EEA citizen or of their spouse or civil partner.
  • the dependent parent (or grand-parent or great grand-parent) of a qualifying British citizen or of their spouse or civil partner.

It may also be possible for children born or adopted after 31 December 2020 also to be eligible, as long as they are the child of a qualifying British or EEA citizen or of their spouse or civil partner.

To discuss your EEA Family Permit visa with one of our Immigration Solicitors, contact our UK lawyers on 02037324736 or complete our enquiry form.

Who counts as a qualifying EEA citizen?

A person is a qualifying EEA citizen or EU nationals if they are a national of Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden or Switzerland or Swiss nationals. In this category, qualifying EEA citizens must be in possession of either settled or pre-settled status by 1 July, 2021. The exception to this is in the case of Irish citizens, who do not need to obtain settled or pre-settled status.

Flag of Europe

In addition, a qualifying EEA citizen can be a ‘person of Northern Ireland’. A person of Northern Ireland is either a British or Irish citizen or both, and they were born in Northern Ireland to at least one parent who was either British or Irish or both. A person of Northern Ireland does not need to be in possession of settled or pre-settled status.

Dual British and EEA citizens can also count as qualifying EEA citizens, as can naturalised British citizens, EU EEA and Swiss citizens who are ‘frontier workers’ and EU, EEA or Swiss citizens who are exempt from immigration control.

What are the EUSS Family Permit Requirements and Who can apply?

The eligibility requirements are slightly different depending on whether your close family member is a qualifying EEA citizen, a qualifying British citizen, or you have a retained right of residence.

Where the family member is a qualifying EEA citizen?

You are eligible to apply for an EUSS family permit if the following criterion are met:

  • You are either an EEA citizen or a non-EEA citizen;
  • You are the family member of a qualifying EEA citizen;
  • The qualifying EEA citizen was living in the UK by 31 December, 2020;
  • The qualifying EEA citizen is either already resident in the UK or will be travelling to the UK with you within six months of the date of the application; and you will be travelling with them or joining them within six months of the date of the application.

Where the family member is a qualifying British citizen?

This is for close family members who have lived in an EU or EEA country or Switzerland with an eligible British citizen family member. The application for an EUSS family permit must be made before 29 March 2022, unless the British citizen can satisfy the UK Home Office that there are reasonable grounds for them not meeting the deadline.

You must have lived with them in the EU / EEA country or Switzerland before 1 January 2021 and will be required to show evidence that that country was your main residence and that the British citizen was working, studying or self-sufficient when they were there. In addition, it is a requirement that the family relationship began before 1 February 2020, unless the British citizen had reasonable grounds for not returning to the UK before 1 January 2021.

Where you have a retained right of residence?

You may have a retained right of residence if you previously had the right to reside in the UK as either the family member of an EU or EEA or Swiss citizen, or because you were living in the EU or EEA or Switzerland with a British citizen.

The right can arise in the following situations:

  • Your family member has died;
  • You are their child and in education in the UK, and they have either died or left the UK;
  • You had a child with them who is in education in the UK and they have either died or left the UK;
  • They divorced you or another family member;
  • The relationship has broken down because of domestic violence or abuse.

How to apply for an EUSS family permit?

Immigration for EUSS Family

You must complete the application form online and you must be outside the UK when you make your application for an EUSS family permit.

You must also provide proof of your nationality and identity, and your biometrics. Biometrics means a passport-style photograph of your facial features and your fingerprints. These will be taken at a visa application centre.

If you are an EU, EEA or Swiss citizen then you can provide a valid national identity card instead of a passport.

You will also have to supply the relevant certificates, e.g. marriage certificate, civil partnership certificate or birth certificate.

Where the close family member is your durable partner, you will have to show evidence of your life together, for example, official correspondence, bank statements or utility bills, birth certificate of your children or custody agreements.

How much is the EUSS family permit?

There is no application fee, it is free to apply for a EU Settlement Scheme family permit.

To discuss your EEA Family Permit visa with one of our expert immigration solicitors in London, contact our UK attorney on 02037324736 or complete our enquiry form.

What if the EUSS family permit application is refused?

If your application is refused, or once the EUSS family permit has expired, you will need to apply for a different type of visa to be able to stay in the UK.

If the qualifying EEA citizen was already living in the UK by 31 December 2020, then you may be able to apply to the EU Settlement Scheme in your own right. This is also free, but the deadline for applying is 30 June 2021 unless you have sufficient reason for submitting a late application.

Who can apply for EUSS?

You can apply for the EU Settlement Scheme family permit if you are a close family member of an EU, EEA or Swiss citizen who was in the UK by 31 December 2020. You can also apply for the EUSS family permit if you have lived in the EU, EEA of Switzerland as a close family member of a British citizen. You are also eligible to apply if you have a retained right of residence, for example, you have the right to stay in the UK as a family member of an EU, EEA or Swiss citizen who has died or left the UK or with whom the family relationship has broken down.

What is EU Settlement Family Permit?

The EU Settlement Scheme family permit allows a close family member of an EU, EEA or Swiss citizen who was living in the UK by 31 December, 2020 to join their family member in the UK for up to six months. During that time the family member can work or study and leave and return to the UK as often as they like. It is free to apply for the family permit.

Who is eligible for EEA family permit?

You are eligible for the EEA family permit if you are the close family member or unmarried partner of an EU, EEA or Swiss citizen and your family relationship started before the 31st December, 2020. You can only apply for an EEA family permit up until 30 June 2021 and after that date all EEA family permits will no longer be valid, even if there is time left to run on the permit. It is free to apply for the permit.

How long does an EEA family permit take to process?

The UK Home Office website states that if you are applying for an EEA family permit or an EUSS family permit you will get a decision as soon as possible after proving your identity and provided your documents. The EEA family permit, which will cease to exist from 30 June, 2021, commonly took between 15 and 30 working days to process.

Conclusion:

At My Legal Services, our Immigration Solicitors in London can help you through each step of your EEA Family Permit visa application. Call us on 02037 324 736 or 07957 154 057 or book an appointment at our office to get started on your application or by using our contact form.

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