EUSS Family Permit for the UK

The EU Settlement Scheme (EUSS) family permit allows certain family members of EU, EEA, or Swiss citizens who were living in the UK by 31 December 2020 to join them for up to six months. It is free to apply and permits the holder to work, study, and travel in and out of the UK during its validity.

Applications must be made from outside the UK, and eligibility depends on the relationship with the qualifying citizen. Spouses, durable partners, children, and dependent parents are among those who may apply. Those granted a permit must apply for pre-settled status before it expires to continue living in the UK.

Changes to the rules have closed certain routes, such as those for family members of British citizens under the Surinder Singh route and carers under the Zambrano route. Those affected must now apply under standard immigration rules.

Delays, refusals due to insufficient evidence, and strict deadlines pose risks to applicants. Missing the deadline for pre-settled status may result in loss of lawful residence. Seeking the latest guidance and preparing documents carefully is essential to avoid complications. The UK Home Office frequently updates its policies, so checking official sources is strongly recommended.

 

What is the EUSS family permit?

 

The EU Settlement Scheme EUSS family permit allows a close family member of an EU, EEA or Swiss citizen who was in the UK by 31 December 2020, to join that person in the UK for up to six months. The EEA includes the EU counties, together with Iceland, Lichtenstein and Norway.

The close family member applying for an EUSS family permit does not need to be an EU, EEA, or Swiss citizen and may be a national of a third country.

Eligible family members include:

 

• Spouse or civil partner (relationship must have existed on 31 December 2020 and still exist when applying).
• Durable partners (lived together for at least two years unless other significant evidence of the relationship exists).
• Children, grandchildren, or great-grandchildren under 21 (including those of a spouse/civil partner).
• Dependent children, grandchildren, or great-grandchildren over 21.
• Dependent parents, grandparents, or great-grandparents.
• Children born or adopted after 31 December 2020, if they are the child of a qualifying British, EU, EEA, or Swiss citizen or their spouse/civil partner.

 

The EUSS family permit is usually valid for six months from the date of the decision on the application. During the six month period, the family member is allowed to work or study in the UK. They are also free to come and go from the UK as often as they wish.

However, if you applied before 1 April 2021 and your application was approved more than three months before your planned arrival date, your permit may be valid for only four months instead of six.

 

EUSS Family Permit vs. EEA Family Permit

 

The EUSS family permit replaced the EEA family permit from 30 June 2021.

Since that date, EEA family permits are no longer valid, and no new applications can be made. If you still hold an EEA family permit, it ceased to be valid after 30 June 2021.

 

EUSS family permit eligibility requirements

 

The eligibility requirements are slightly different depending on whether your close family member is a qualifying EU, EEA, or Swiss citizen, or someone with 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 EU, EEA, Swiss, or non-EEA citizen.

You are the close family member of a qualifying EU, EEA, or Swiss citizen.

That citizen was living in the UK by 31 December 2020.

The citizen is already in the UK or will travel with you to the UK within six months of the application.

You will be traveling to the UK within six months of the application date.

Neither you nor your family member is the spouse or partner of someone already admitted under the EUSS or EEA family permit.

 

Who counts as a qualifying EEA citizen?

 

A qualifying EU, EEA, or Swiss citizen is someone who:

Is 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.

Holds either settled or pre-settled status under the EU Settlement Scheme.

Irish citizens do not need to apply for settled or pre-settled status.

British/EEA dual nationals may qualify in specific cases.

 

Family members of a qualifying British citizen

 

As of 8 August 2023, the EUSS family permit closed to new applications for:

Family members of a qualifying British citizen who previously exercised free movement rights in the EEA or Switzerland (Surinder Singh route).

Primary carers of a British citizen (Zambrano route).

Those considering these routes must now meet the family Immigration Rules applicable to others.

The Surinder Singh and Zambrano routes remain open for those who are already on them. If you were granted an EUSS family permit based on a Surinder Singh or Zambrano application made by 8 August 2023, you can still come to the UK and apply to the EU Settlement Scheme.

 

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.

 

 

Who can make an application for an EUSS family permit?

 

The following kinds of family members are eligible to apply for an EUSS family permit.

In the following three categories, you will have to prove that the relationship continues to exist as at the date you make the application and that on 31 December 2020 you were already married or in a civil partnership, or were already in the durable relationship:

 

• spouse
• civil partner
• 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)

 

For the following three categories, you will need to prove that the family relationship existed on 31 December 2020 and continues to exist as at the date of your application:

 

• 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 is 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.

In the case of a qualifying British citizen, there is an additional category of eligible family member: ‘dependent relative’.

 

How to apply for an EUSS family permit

You must complete the application form online.

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 your close family member has obtained settled or pre-settled status, you will have to supply their application number.

If they have not obtained EU settled or pre-settled status because they do not need to, then you will need to provide evidence showing that they are nevertheless entitled to it.

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.

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

 

How much is the EUSS family permit?

 

It is free to apply for a EU Settlement Scheme family permit.

You do not need to pay the Immigration Health Surcharge if you are applying for an EU Settlement Scheme family permit.

Remaining in the UK

To stay in the UK beyond the validity of your EUSS family permit, you will need to apply under the EU Settlement Scheme. You will need to apply within 3 months of arrival (and prior to the expiry of your family permit), or show reasonable grounds for not applying within this period.

 

What if the EUSS family permit application is refused?

 

If refused, you may request an administrative review or reapply.

If the qualifying family member was already in the UK by 31 December 2020, you may be eligible to apply under the EU Settlement Scheme directly.

If you do not qualify for an EUSS permit, you may need to apply for another visa category, such as a work or student visa, depending on your circumstances.

 

Need assistance?

 

DavidsonMorris are UK immigration specialists. If you have a query about your eligibility to enter or remain in the UK, contact us for advice on your options.

 

EUSS Family Permit FAQs

 

Who can apply for an EUSS family permit?

Close family members of an EU, EEA, or Swiss citizen who was living in the UK by 31 December 2020 may apply. This includes spouses, civil partners, durable partners, children, grandchildren, and dependent parents or grandparents.

 

Do I need to be an EU, EEA, or Swiss citizen to apply?

Applicants can be of any nationality. The key requirement is the relationship with a qualifying EU, EEA, or Swiss citizen.

 

How long is the permit valid for?

The permit is usually valid for six months from the decision date. During this period, the holder may live, work, and study in the UK.

 

Can I extend my EUSS family permit?

The permit cannot be extended. To remain in the UK beyond its expiry, an application under the EU Settlement Scheme must be submitted.

 

What happens if my application is refused?

If refused, an appeal may be possible depending on the reason. Alternatively, a new application can be made with stronger supporting evidence.

 

Do I need to pay for the permit or the Immigration Health Surcharge?

The EUSS family permit is free, and there is no Immigration Health Surcharge.

 

Can I apply from inside the UK?

Applications must be made from outside the UK.

 

Has the scheme changed recently?

As of 8 August 2023, family members of British citizens under the Surinder Singh route and carers under the Zambrano route can no longer apply. Those already in the UK under these routes can still apply for pre-settled status.

 

What if my family member has not applied for the EU Settlement Scheme?

If they were living in the UK by 31 December 2020, they should have applied for settled or pre-settled status. If they have not done so, this may affect eligibility for the family permit.

 

Glossary

 

Term	Definition
EU Settlement Scheme (EUSS)	A UK immigration scheme allowing EU, EEA, and Swiss citizens, along with certain family members, to continue living in the UK after Brexit.
EUSS Family Permit	A permit that enables close family members of EU, EEA, or Swiss citizens living in the UK by 31 December 2020 to join them for up to six months.
Qualifying EU, EEA, or Swiss Citizen	A national of an EU, EEA, or Swiss country who was residing in the UK before 31 December 2020 and has been granted settled or pre-settled status.
Pre-Settled Status	A temporary immigration status granted under the EUSS to individuals who have lived in the UK for less than five years.
Settled Status	A permanent immigration status under the EUSS for individuals who have lived in the UK continuously for at least five years.
Surinder Singh Route	A former route allowing family members of British citizens who exercised free movement rights in the EU/EEA to return to the UK. Closed to new applicants on 8 August 2023.
Zambrano Route	A former route allowing non-EEA primary carers of British citizens to apply for residence in the UK. Closed to new applicants on 8 August 2023.
Durable Partner	A person in a long-term, committed relationship akin to marriage or a civil partnership with a qualifying EU, EEA, or Swiss citizen.
Dependent Family Member	A child, grandchild, parent, or grandparent financially or physically dependent on a qualifying EU, EEA, or Swiss citizen.
Administrative Review	A process allowing applicants to challenge a refusal of an EUSS family permit by requesting a reconsideration of the decision.
Immigration Health Surcharge (IHS)	A fee typically required for UK visa applicants to access the NHS. This does not apply to EUSS family permit holders.
Visa Application Centre (VAC)	A facility where applicants provide biometric data (photograph and fingerprints) and submit supporting documents for their application.