EU Settlement Scheme Family Permit

What is a EU Settlement Scheme Family Permit?

The EU Settlement Scheme Family Permit enables non-EEA family members of EEA or Swiss nationals to travel to the UK in order to accompany a close family member.

The EU Settlement Scheme Family Permit also enables non-EEA family members of someone from the UK, or Northern Ireland.

What Are the Key Eligibility Requirements for an EU Settlement Scheme Family Permit?

There are a number of ways applicants may be eligible to apply for an EU Settlement Scheme Family Permit, these are:

1. Applicants who are an eligible family member of persons from the EEA or Switzerland, and their family member started living in the UK by 31 December 2020 and have either settled or pre-settled status; or Applicants who are an eligible family member of those who have British citizenship, if they also have either citizenship from the EU, Switzerland, Norway, Iceland or Liechtenstein, and if they lived in the UK using their free movement rights before becoming a British citizen, or if they have dual nationality with an EU country, Switzerland, Norway, Iceland or Liechtenstein, and they settled in the UK before 16 July 2012 without using their free movement rights; or; Applicants who are an eligible family member of ‘Frontier Worker’ may also be eligible to apply for Family Permit.
2. Applicants who previously had the right to live in the UK through an eligible family member, but their family member has died, left the UK, or the relationship has broken down. This is called having ‘retained the right of residence’.
3. Applicants who are an eligible family member of a British citizen and live outside the UK with them in an EU country, Switzerland, Norway, Iceland or Liechtenstein and were living there with them by 31 December 2020, or they were born or adopted there since then and their family member will be in the UK when they apply, or will travel there with the applicant up to 6 months later.

This is known as a ‘Surinder Singh’ route. The deadline for most family members to apply was 29 March 2022. Applicants may still apply if they have ‘reasonable grounds’ for not applying by then - for example because of a medical condition.

4. Applicants who are a family member of an eligible person of Northern Ireland. To be eligible, an applicant’s family member must be an Irish, British or dual British and Irish citizen who was born in Northern Ireland. When they were born, they must also have had a parent who held British, Irish or dual citizenship (or had no restriction on how long they could stay in Northern Ireland).

The exact requirements will vary according to an applicants circumstances.

How Long is the Permit Valid for?

If an application is successful, EU Settlement Scheme Family Permit will be valid for 6 months from the date of decision.

Can a Family Permit be Extended?

Prior to the expiry of a Family Permit, applicants who wish to remain in the UK must apply under the EU Settlement Scheme. Applicants usually would need to apply within 3 months of arriving in the UK, but may be able to apply later if they can show ‘reasonable grounds’ (such as medical reasons or being the victim of domestic abuse) for why they could not apply by the deadline.

If the application is successful, applicants will get pre-settled status. This means they will be able to stay in the UK for a further 5 years.

Applicants can apply for settled status once they have been in the UK for 5 years, which will allow them to stay for as long as they like.

How Much Does it Cost?

There is no fee to pay for an application under the EU Settlement Scheme Family Permit.

Applicants are not required to pay the Immigration Health Surcharge.

How We Can Help You

Our highly experienced team will provide expert advice and guidance to you throughout your immigration journey.

If you have any questions, please complete our online enquiry form or email us at [email protected]. Alternatively, you can call us on 01724 701111 and one of our experts will be happy to assist you.