The European Union Settlement Scheme (EUSS) family permit allows an eligible non-EEA citizen to join or accompany an EEA or Swiss national with pre-settled or settled status in the UK.
To qualify for the EUSS family permit the applicant must:
be a non-EEA/Swiss citizen
be a direct family member of a relevant EEA/Swiss citizen.
intend to join or travel with the EEA/Swiss national to the UK within 6 months of the date of application.
In addition to this, the relevant EEA/Swiss citizen must be holding a pre-settled or settled status.
Who are Direct Family Members?
The following family members are eligible to apply for the EUSS family permit:
Spouse, civil partner and unmarried partner of the relevant EEA/Swiss citizen
Child, including grandchild and great-grandchild, of the relevant EEA/Swiss citizen or of their spouse/civil partner.
Dependent parent, including grandparent or great-grandparent,) of the relevant EEA/Swiss citizen or of their spouse/civil partner.
Any of these relationships need to have existed prior to 31 December 2020.
What Does Relevant EU/EEA/Swiss citizen mean?
EEA/Swiss nationals with pre-settled or settled status under the EUSS.
Irish citizens who meet the criteria for pre-settled or settled status under the EUSS.
British citizens who also have EEA/Swiss citizenship and who lived in the UK as an EEA/Swiss citizen before obtaining British citizenship.
Eligible persons of Northern Ireland with pre-settled or settled status under the EUSS.
The advantages of the EUSS family permit.
Compared to other visa routes available to non-EEA/Swiss nationals, the nature of the EUSS family permit is more flexible. There is no need to show knowledge of English or meet minimum income requirements. However, the applicant must provide evidence of their relationship to EEA/Swiss family members. For example, a marriage certificate, civil partnership certificate or birth certificate will be sufficient. If the applicant is an unmarried partner, they may provide bank statements, utility bills or other correspondence that shows the applicant and their partner at the same address.
What is the Difference Between EUSS Family Permit and EEA Family Permit?
Until 30 June 2021, the EUSS and EEA family permit worked alongside each other. Applications for the EEA family permit are closed now. Individuals can apply only for the EUSS family permit.
How to Apply for the EUSS Family Permit.
The application is submitted online and can be made only from outside the UK. There is no fee. Successful applicants can work and study in the UK. The family permit is valid for 6 months. However, if the applicant applied on or after 1 April 2021 or their application was approved more than 3 months ahead of their planned arrival date, the permit is valid for 4 months.
Although, as mentioned above the nature of the EUSS family permit is flexible and more relaxed, refusal may happen. The applicant can be refused if they had a previous subsequent criminal record or failed to provide sufficient evidence of the relationship to their relevant EEA/Swiss family member.CONSULTATION
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If you have been granted indefinite leave to remain (ILR) in the past few years, you will probably have been issued with a Biometric Residence Permit (BRP) with an expiry date of 31 December 2024.
From 1 January 2020, applicants who are granted five years limited leave to remain have also started to receive BRP’s endorsed with an expiry date of 31 December 2024.