EU Settlement Scheme – Family Permit Visa

Due to Brexit, applications for EEA Family Permit have permanently closed. You may be able to get an EU Settlement Scheme Family Permit to come to the UK if you are the family member of an EU, EEA or Swiss Citizen or a person of Northern Ireland or some British citizens.

What is the EU Settlement Scheme Family Permit? 

The EU Settlement Scheme Family Permit is for family members of EU, EEA or Swiss Citizens or person of Northern Ireland or some British Citizens that can apply to join their family member in the UK for a period of 6 months. You can stay longer than 6 months if you eligible to apply under the EU Settlement Scheme Pre-Settled Status.

Who can apply for the EU Settlement Scheme Family Permit? 

You can apply for the EU Settlement Scheme Family Permit if you are the eligible family member of an EU, EEA or Swiss citizen who was living in the UK by 31 December 2020.

You can also apply:

  • if you’ve lived in the EU, EEA or Switzerland with an eligible family member who’s a British citizen (also known as a ‘Surinder Singh’ case)
  • you’re the family member of a British citizen who also has EU, EEA or Swiss citizenship and who lived in the UK as an EU, EEA or Swiss citizen before getting British citizenship (also known as a ‘Lounes’ case)
  • a British citizen who also has dual EU, EEA or Swiss nationality and was settled in the UK before 16 July 2012 without using their free movement rights (also known as a ‘McCarthy’ case)
  • you have a family member who is an eligible person of Northern Ireland
  • if you have the right to stay in the UK as the family member of an EU, EEA or Swiss citizen who has died, left the UK, is no longer your spouse or civil partner or with whom the family relationship has broken down - this is called ‘retained right of residence’

If your EU, EEA or Swiss citizen family member came to the UK on or after 1 January 2021, you will usually need to apply for a visa to live, work or study.

Eligible Family Members are:

  • spouse, civil partner or unmarried partner
  • child or grandchild aged under 21
  • dependent child or grandchild of any age
  • dependent parent or grandparent

This includes family members who were adopted under an adoption order that’s recognised in UK law.

Who can you join in the UK under the EU Settlement Scheme Family Permit? 

The person you’re joining must be one of the following:

  • an EU, EEA or Swiss citizen;
  • a person of Northern Ireland;
  • someone who lived in the UK as an EU, EEA or Swiss citizen before also getting British citizenship;
  • an EU, EEA or Swiss citizen who is exempt from immigration control;
  • an EU, EEA or Swiss citizen who travels regularly to work in the UK but lives outside of the UK (also known as a ‘frontier worker’); or
  • a British citizen who also has dual EU, EEA or Swiss nationality and was settled in the UK before 16 July 2012 without using their free movement rights (also known as a ‘McCarthy’ case).

Where your family member is an EU, EEA or Swiss citizen, they must have applied for leave under the EU Settlement Scheme, and this remain valid at the time you apply for an EU Settlement Scheme family permit.

If your family member could not (for example because they are a British citizen) or did not need to apply to the EU Settlement Scheme (for example if they are an Irish citizen), they must still meet the eligibility criteria. This means that they:

  • are an EU, EEA or Swiss citizen
  • were resident in the UK by 31 December 2020
  • have not broken their continuous residence in the UK
  • pass criminal record checks

If you were resident in the UK before 31 December 2020, and you have not broken this continuous residence, and your EU, EEA or Swiss family member has not yet applied to the EU Settlement Scheme, you can apply for an EU Settlement Scheme family permit to return to the UK. You will have to provide evidence to show that:

  • your family member is an EU, EEA or Swiss citizen, by providing their valid passport or national identity card
  • your family member was resident in the UK by the 31 December 2020, and that they still are
  • you are their family member and have been since before 31 December 2020

If you’re joining an EU, EEA or Swiss citizen who lived in the UK before getting British citizenship:

To be eligible the person you’re joining must:

  • be an EU, EEA or Swiss citizen
  • have become a naturalised British citizen after working, studying or being self-sufficient in the UK

If you’re joining an EU, EEA or Swiss citizen who is exempt from immigration control
The person you’re joining must be:

  • an EU, EEA or Swiss citizen
  • exempt from immigration control

They cannot also be a British citizen.

If you’re joining a frontier worker

The person you’re joining must:

  • be an EU, EEA or Swiss citizen
  • have been working in the UK by 31 December 2020 as an employee or self-employed person
  • be primarily resident in another country that is not the UK
  • have been a frontier worker continuously since 1 January 2021

They cannot also be a British citizen.

If you have any doubts about applying for the EU Settlement Scheme Family Permit Visa, please contact our immigration lawyers for expert advice.

Requirements for the EU Settlement Scheme Family Permit application

In order to qualify for the EU Settlement Scheme Family Permit you will need to satisfy UK Visas and Immigration (UKVI) that:

  • you are the eligible family member of an EU, EEA or Swiss citizen, or a ‘person of Northern Ireland’;
  • your family relationship began by 31 December 2020;
  • your family member was living in the UK by 31 December 2020; and
  • your family member is in the UK already or traveling with you to the UK within 6 months of your application.

The EEA includes the EU countries and also Iceland, Liechtenstein and Norway.

Children who were born or adopted after 31 December 2020 may also be eligible, if they’re the child of either:

  • an EU, EEA or Swiss citizen; or
  • an EU, EEA or Swiss citizen’s spouse or civil partner.

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

Making an EU Settlement Scheme Family Permit Visa application with OneLaw Chambers

At OneLaw Chambers, our immigration solicitors and barristers regularly assist with EU Settlement Scheme Family Permit Visa applications in order for applicants to remain and settle in the UK. We have assisted many foreign national applicants to prepare and submit successful EU Settlement Scheme Family Permit Visa applications and we have represented clients from all over the world.

Whether you require expert immigration advice on the requirements of the Immigration Rules, an independent immigration assessment of your prospects of qualifying for an EU Settlement Scheme Family Permit Visa or professional immigration representation with preparing your EU Settlement Scheme Family Permit Visa immigration application, our immigration solicitors and barristers can help you.

We are committed to ensuring that our immigration solicitors and barristers prepare every immigration visa application with utmost quality and skill so that successful outcome is achieved every time. Our immigration solicitors and barristers operate in a friendly and cooperative manner to provide our clients with the best client care and service during the entire immigration application process. 

To discuss your EU Settlement Scheme Family Permit Visa application with one our immigration solicitors and barristers, please contact our Immigration lawyers on 0207 489 2044 / 0208 616 1819 or complete our enquiry form with your details.


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