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Personal Immigration: EU Nationals and family

EEA family permit (EUSS family permit)

Under the new laws, the EEA family permit is soon to end. EEA family permits will no longer be valid after 30 June 2021. No further applications will be accepted for the same.

One can still apply for the EEA family permit if they are the close family member or unmarried partner of an EU, EEA or Swiss national who is a qualified person or has the right of permanent residence in the UK.

EEA includes EU countries and Iceland, Liechtenstein and Norway.

If your family member has or is eligible for the settled or pre-settled status under the EU Settlement Scheme, you can apply to the EU Settlement Scheme family permit.

Which family members can join?

To be eligible for this scheme, you must be either their:

  • Spouse or civil partner
  • Unmarried partner in a lasting relationship
  • Child or grandchild under the age of 21
  • Dependent child or grandchild of any age
  • Dependent parent or grandparent

The list includes family members who were adopted under a valid adoption order recognised by UK law.

Pre-Settled and Settled Status

Since the UK left the European Union on 31 January 2020 entering a transition phase that ended on 31 December 2020, many of the immigration laws and status have been impacted.

The rights of EU, EEA and Swiss citizens in the UK continue to remain the same until 30 June 2021. EU nationals and their family who wish to live in the UK after 30 June 2021 will have to apply for an immigration status to remain lawfully in the UK under the EU Settlement Scheme or EUSS.

EU citizens and their family members who have evidence that they have lived in the UK for 5 years or more will be given a ‘settled’ status and those living in the UK for less than 5 years will be granted the ‘pre-settled’ status.

Eligibility for EUSS

Settled Status
EU citizens and their non-EU family members who arrived prior to 31 December 2020 and have been living in the UK for 5 years by the time of their application are eligible for settled status. The settled status will allow them to stay indefinitely.

Pre-settled Status
EU citizens and their family members who had arrived by 31 December 2020, but have not been residing continuously for 5 years by the time of their application, will be able to apply for the ‘pre-settled’ status. This enables them to stay here until they have met the 5 year requirement and will then be eligible for settled status.

Rights and Benefits of EU settlement scheme

EU nationals and their families that are granted the settled or pre-settled status under EUSS are eligible to:

  • Work in the UK
  • Use the NHS for free
  • Enrol in education or continue studying
  • Access public funds such as benefits and pensions, if you’re eligible for them
  • Travel in and out of the UK

How can West End help?
If you are unable to apply for the EU Settlement Scheme or unsure if you qualify, we can offer you full assistance and advice.

EEA Regulations and the impact of Brexit

The rights and status of EU, EEA and Swiss citizens living in the UK have been impacted by Brexit. While they continue to enjoy the same freedom of movement rights until 30 June 2021, those who wish to stay in the UK after this date need to apply for an immigration status to remain lawfully in the UK as governed by the EU Settlement Scheme.

While a new scheme has been launched to ensure continuity of residence for EU nationals and their family members, the previous routes under the EEA regulations are not yet closed. Applications can still be made if one meets the criteria.

What are the EEA Regulations?
The European Economic Area or EEA Immigration Regulations 2016 transposes the European citizens directive into domestic law in the UK. This provides the right to freedom of movement for EEA nationals and their families in the UK.

Under EEA Regulations, EEA nationals have been able to bring their family(direct and extended) to the UK if they qualify on the basis of the following routes:

EEA Family Permit
EEA family permit allows entry into the UK of a non-EEA citizen family member of an EEA or Swizz citizen who is using Treaty rights through EEA regulation. This permit is commonly used by extended family members, durable partners and dependent relatives.

Derivative rights of residence
This right is exercised by the primary carer of an EEA/British child or dependant adult who lives in the UK and requires support for day to day care, including decisions for medical and financial matters.

Surinder Singh route
The Surinder Signh route is used by those who have lived with a British citizen exercising EU treaty rights in another country before returning to the UK with them to live. These cases are commonly known as ‘Surinder Singh’ cases.

Retained rights of residence
Only those who had a right to reside in the UK as family members of an EU national but their relationship has ended or the sponsor has died or if they are the parent with the custody of a child with retained rights of residence can apply.

Under the new laws, only unmarried partners or ‘durable partners’ can apply.