EU Settlement Scheme Family Permit

Apply for an EU Settlement Scheme Family Permit

A person who does not have the nationality of an EU / EEA country (the latter includes all EU countries plus Iceland, Liechtenstein, Norway), Switzerland not being an EU or EEA country but having a special status as part of the Single Market), but has a close EU / EEA or Swiss family member in the UK who has obtained settled or pre-settled status under the EU settlement scheme, can apply from abroad for a six month EU family permit to the UK to join their EU/EEA or Swiss family member here.

The ‘EU Settlement Scheme Family Permit‘ will entitle the non-EU/ EEA or Swiss National person to live and work in the UK, but within that six month period granted, must apply for a more stable status in the UK under the EU settlement scheme.

This means that the family member concerned must be in the UK on or before 31st December 2020 and can apply for an EU settlement scheme family permit in order to take advantage of the EU settlement scheme by making an application for, what in all probability will be for pre-settled status here within the six month period of the visa or before the 30th June 2021 whichever period is the earlier.

In these circumstances, the most appropriate application will be for pre-settled status, which must be made on or before 30th June 2021.

Once the family member has been residing in the UK for at least five years, they can apply for settled status, which is equivalent to permanent residence.

Who is a ‘close family member?’

The non -EU / EEA or Swiss national applying to come to the UK must be: – the EU / EEA or Swiss citizen’s spouse or civil partner, or related to them, or related to such national’s spouse or civil partner as their

(1)- child under 21 or
(2)- grandchild under 21 or
(3)- dependent child or grandchild of any age, having been dependent abroad either financially or living in the EU / EEA or Swiss relative’s house or both
(4)- dependent parent or grandparent of the EU /EEA or Swiss national in the UK themselves here under the EU settlement scheme.

What if my EU national relative does not have settled or pre-settled status?

If the EU / EEA or Swiss national relative does not have settled or pre-settled status yet, but lives and works in the UK or is a self – sufficient person ( with private medical insurance), or in self-employed or is exercising rights to study in the UK ( with private medical insurance), /EEA or Swiss relative can apply for a six month EU family permit under the Immigration ( European Economic Area Regulations ) 2016, but during the six month period, their said European relative must apply for either settled or pre-settled status with them or separately and this should take place on or before 30th June 2021, provided they are in the UK prior to the end of the Brexit transitional period of 31st December 2020.

Whether the application by the foreign family member to join their European relative here is under the EU settlement scheme or under the European Economic Area Regulations 2016, it will allow the foreign relative to work here upon arrival.

Can an unmarried partner of an EU/ EEA or Swiss National apply for a family permit?

The answer is such a person can apply for a family permit. The best course of action would be first to apply for a six-month family permit to be acknowledged as an unmarried partner, ( a family member), under the European Economic Area Regulations) 2016, then whilst in the UK apply for pre-settled status under the EU settlement scheme. Once here for five years, the person can convert to settled status that is for permanent residence.

Learn more about the EU Settlement Scheme

Our qualified and experienced lawyers can provide you with the best advice on your EU Settlement Scheme application in the lead up to December 31st, 2020.

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