OISC Accredited UK Immigration Firm

20+ Year Experience

Experienced & Expert Team

Leading UK Immigration Visa Consultancy

Family Permit – EU Settlement Scheme


For expert guidance, schedule a consultation or Call Us on 020 3911 1115

Contact Us

Header Form

Contact Us

Header Form

What is the EU Settlement Scheme and who is eligible to apply?

  • The EU Settlement Scheme offers an opportunity for citizens of the EU, Switzerland, Norway, Iceland, and Liechtenstein, as well as their families, to continue residing in the UK post-Brexit. This scheme is particularly vital for those who were living in the UK before December 31, 2020, and wish to maintain their residency rights. Moreover, if you are a family member of a qualifying person from Northern Ireland, you might also be eligible to apply under this scheme.

What is the EU Settlement Scheme Family Permit?

  • The EU Settlement Scheme Family Permit is a special visa category that allows eligible family members of individuals from the European Union (EU), Switzerland, Norway, Iceland, or Liechtenstein to join their relatives in the UK or travel with them to the country. This permit also extends to family members of qualifying persons from Northern Ireland. Designed to facilitate family reunification under the EU Settlement Scheme, the family permit ensures a smoother entry process for applicants by granting them the ability to live, work, and study in the UK for up to six months. During this time, holders of the permit may enter and exit the UK as frequently as they wish.
  • Without the EU Settlement Scheme Family Permit, there is a high risk of being denied boarding by airlines or refused entry at the UK border. For those intending to remain in the UK long-term, the permit also serves as an essential step towards applying for status under the EU Settlement Scheme once inside the country.

Why is the EU Settlement Scheme Family Permit Important?

  • The family permit streamlines the process for family members seeking to relocate to the UK under the provisions of the EU Settlement Scheme. It offers several advantages, including the right to work and study while in the UK, without additional visa applications during its validity. The flexibility to travel freely in and out of the UK during the six-month period provides further convenience for permit holders.
  • The family permit eliminates complications at ports of entry, ensuring that eligible individuals are not turned away due to documentation issues. For those planning to make the UK their long-term home, obtaining this permit is often a prerequisite for securing settled or pre-settled status through the EU Settlement Scheme.

How can you apply for the EU Settlement Scheme?

  • Applicants for the EU Settlement Scheme can follow two distinct pathways. One option is to apply for the EU Settlement Scheme Family Permit before traveling to the UK and then apply to the EU Settlement Scheme once they are in the country. Alternatively, individuals who meet specific criteria may directly apply to the EU Settlement Scheme from outside the UK.
  • The eligibility requirements for applying to the EU Settlement Scheme from abroad include holding a valid biometric passport or national identity card (for nationals of the EU, Switzerland, Norway, Iceland, or Liechtenstein) or a UK-issued biometric residence card (for non-EU nationals). Applicants without these credentials must first secure an EU Settlement Scheme Family Permit before traveling to the UK.

Who is eligible for the EU Settlement Scheme Family Permit?

  • Eligibility for the family permit depends on the applicant’s relationship with a qualifying individual and their circumstances. If you are a family member of someone from the EU, Switzerland, Norway, Iceland, or Liechtenstein, you may apply. It also extends to those related to eligible persons of Northern Ireland.
  • To qualify, relationship as family member must have been established before 31 December 2020. Furthermore, the family member you are joining must have been living in the UK by this date and must either currently reside there or plan to return within six months of your application.
  • Eligibility is broad and considers varied circumstances. For example, if your relationship with your family member has ended due to their death, departure from the UK, or other reasons, you may still qualify under the “retained right of residence.” Similarly, children born or adopted after 31 December 2020 may also be eligible, provided they meet specific conditions relating to their parent’s status.
  • This also includes situations where your relative holds dual nationality (British and EU) and lived in the UK under free movement rights before becoming a British citizen (referred to as a “Lounes case”). Additionally, if your relative has dual nationality and settled in the UK before July 16, 2012, without relying on free movement rights, you may still qualify under the “McCarthy case.”
  • In unique scenarios, you can also apply if your family member resides outside the UK but works regularly in the country as a “frontier worker.” Please review ‘Frontier Worker’ visa section to seek more guidance. This provision ensures flexibility for families of those whose professional obligations cross national borders.

Are family members of eligible persons from Northern Ireland included?

  • Yes, the EU Settlement Scheme Family Permit also covers relatives of qualifying individuals from Northern Ireland. To qualify, your family member must be an Irish citizen, a British citizen, or hold dual British and Irish citizenship. Additionally, the qualifying individual must have been born in Northern Ireland to a parent who was either British, Irish, or had no restrictions on their residency in Northern Ireland at the time of birth. This inclusion reflects the unique political and legal framework in Northern Ireland, offering robust protections for family members under the EU Settlement Scheme.

Who qualifies as an eligible Family Member?

  • The family permit recognizes a wide range of relationships, including spouses, civil partners, unmarried partners, children under 21, and dependent children or grandchildren over 21. Parents and grandparents who are dependent on their family member in the UK are also eligible. This definition extends to those adopted under an adoption order recognized in UK law.
  • If you are the spouse or civil partner of someone from the EU, Switzerland, Norway, Iceland, or Liechtenstein, your relationship must have begun before 31 December 2020. However, special provisions exist for Swiss citizens, allowing marriages or civil partnerships formed up to 1 January 2026 to qualify, provided the relationship is still ongoing at the time of application.
  • For unmarried partners, evidence of a long-term relationship is required, typically demonstrated by cohabitation for at least two years before 31 December 2020. This may include shared financial responsibilities, joint tenancy agreements, or documentation of shared childcare responsibilities.

What Happens If Your Family Member Has Dual Citizenship?

The EU Settlement Scheme Family Permit accounts for complex citizenship scenarios. If your family member has dual citizenship, such as British and EU citizenship, you may still qualify. In cases like the “Lounes” case, the family member must have been living in the UK under free movement rights before acquiring British citizenship. Alternatively, the “McCarthy” case covers individuals who settled in the UK before 16 July 2012 without relying on free movement rights. In these instances, you must provide substantial evidence to prove eligibility.

Special Provisions for Children and Dependents

  • If you are a dependent child, grandchild, parent, or grandparent, you must provide documentation to establish your relationship, such as birth certificates or adoption papers. Dependents over the age of 21 must show financial reliance on their family member in the UK, often through bank statements or proof of healthcare support. Parents or grandparents who are dependents may need to demonstrate their reliance on their family member’s financial or caregiving support, unless they are married to someone already recognized under the scheme.
  • For children born or adopted after 31 December 2020, eligibility hinges on the status of the parents, who must have been living in the UK by this date and meet the relevant criteria under the scheme.

How to Prove Continuous Residence in the UK

  • If you were living in the UK by 31 December 2020 and wish to rejoin your family member, you must demonstrate that you have maintained continuous residence. Generally, this means you have not been absent from the UK for more than six months in any 12-month period. Exceptions apply for specific circumstances, such as childbirth, serious illness, study, or overseas work postings. Additionally, absences related to the COVID-19 pandemic may also be considered. Evidence to support continuous residence could include utility bills, tenancy agreements, or official correspondence.

What Documents Are Required to Apply?

  • To apply for the EU Settlement Scheme Family Permit, you must submit proof of identity, such as a valid passport or national identity card. If you cannot provide these documents due to exceptional circumstances, such as illness or travel restrictions, you will need to explain your situation and provide supporting evidence. Additionally, you must include your family member’s application number to the EU Settlement Scheme unless they were exempt from applying.
  • Depending on your relationship with the family member, further documentation may be required. Spouses and civil partners must provide marriage or civil partnership certificates, while unmarried partners need to show evidence of their long-term relationship. Dependent children, parents, or grandparents may need to provide financial or caregiving dependency evidence. For those joining a frontier worker or someone exempt from immigration control, specific documentation confirming their status must be included

Special Circumstances for Swiss Spouses and Frontier Workers

  • Unique rules apply to individuals married to Swiss citizens or those joining a frontier worker. Swiss spouses can apply even if their marriage or civil partnership occurred after 31 December 2020, as long as the relationship existed before 1 January 2026. For frontier workers, a permit confirming their status or equivalent evidence is necessary.

Ensuring a Smooth Application Process

  • The EU Settlement Scheme Family Permit application process requires attention to detail, as missing documents or errors can result in delays or refusals. By providing comprehensive evidence and ensuring your application is accurate, you can maximize your chances of success. Professional immigration services, such as those offered by Immigration Visa Expert, can help streamline this process. Their expertise ensures that every aspect of your application is handled with precision, giving you peace of mind as you take the steps to reunite with your loved ones in the UK.
  • With the EU Settlement Scheme Family Permit, families can navigate the complexities of immigration law while securing their right to live, work, and thrive together in the UK.

Understanding the Retained Right of Residence

  • The EU Settlement Scheme Family Permit offers a pathway for individuals who have retained their right of residence in the UK after a significant change in their family circumstances. This category is specifically designed for those whose right to live in the UK was previously tied to an eligible family member, such as a spouse, parent, or grandparent, but where that relationship has changed due to death, separation, departure from the UK, or other qualifying events. This provision ensures that individuals can continue their residence in the UK under specific eligibility criteria.

What does it mean to have ‘Retained the Right of Residence’?

  • You may qualify for this category if your eligible family member has passed away, permanently left the UK, or if your relationship has ended due to divorce, annulment, or dissolution. It also applies in cases where the relationship has broken down irreparably because of domestic violence or abuse. This retained right of residence protects individuals who were once dependent on an eligible family member and ensures their continued ability to reside, work, or study in the UK.
  • Additionally, children or individuals with custody of children in education can qualify under this provision. For instance, if a parent or their spouse has died or left the UK, children in education at the time may still have their rights preserved.

Eligibility when a family member has died

  • If your eligible family member has passed away, you can retain your right of residence in the UK under specific conditions. You must have lived continuously with the family member in the UK for at least one year immediately before their death. Further criteria apply if the family member was employed or self-employed at the time of their death. They must have lived in the UK for at least two years prior to passing, unless their death resulted from an occupational accident or disease, in which case the two-year requirement is waived.
  • Supporting evidence such as a death certificate and documentation of their employment status at the time of death must accompany the application.

Eligibility for those in education

Children or dependents in education can also apply to retain their residence. This applies if their eligible family member or their parent’s spouse or civil partner has died or left the UK. The individual must demonstrate that they were in education at the time of the family member’s departure or death and that they remain in education within the UK. In such cases, the parent or guardian with custody of the child may also qualify for retained residence rights.

Eligibility following the end of a marriage or civil partnership

  • For individuals whose marriage or civil partnership has ended through divorce, annulment, or dissolution, there are specific conditions to retain the right of residence. The marriage or civil partnership must have lasted at least three years, with at least one year spent living together in the UK. Applicants can also qualify if they have custody of or access rights to a child from the relationship or if the individual has experienced domestic violence or abuse during the marriage or partnership.
  • Dependents of such individuals, including children or grandchildren, may also qualify if they were living in the UK at the time of the relationship’s termination.

Eligibility in the cases of Domestic Violence or Abuse

  • For individuals whose marriage or civil partnership has ended through divorce, annulment, or dissolution, there are specific conditions to retain the right of residence. The marriage or civil partnership must have lasted at least three years, with at least one year spent living together in the UK. Applicants can also qualify if they have custody of or access rights to a child from the relationship or if the individual has experienced domestic violence or abuse during the marriage or partnership.
  • Dependents of such individuals, including children or grandchildren, may also qualify if they were living in the UK at the time of the relationship’s termination.

Documents required for an application

  • To apply under the retained right of residence category, applicants must provide a valid form of identification, such as a passport or national identity card. If it is not possible to submit these documents due to exceptional circumstances, such as illness, alternative evidence must be provided with an explanation of the situation.
  • Applicants must also supply documentation proving their relationship to the eligible family member, such as marriage or birth certificates, and evidence of continuous residence in the UK. Depending on the circumstances, additional documents may be necessary. For example, in cases involving the death of a family member, a death certificate and proof of employment status or self-employment must be submitted.
  • For applications based on education, proof of enrolment in a UK educational institution at the time of the family member’s death or departure is required. Similarly, individuals applying due to the termination of a marriage or civil partnership must provide legal documents confirming the dissolution and evidence of any relevant custody arrangements or access rights.
  • Applying for retained residence under the EU Settlement Scheme Family Permit can be a legally intricate process. The requirements demand precise documentation and a thorough understanding of the eligibility criteria. For individuals navigating sensitive situations such as bereavement, separation, or abuse, these complexities can feel overwhelming.
  • Professional immigration services, like those offered by Immigration Visa Expert, can provide invaluable assistance in preparing a strong application. By ensuring that all evidence is correctly compiled and presented, our team helps applicants avoid errors that could delay or jeopardize their case. Our expertise allows you to focus on rebuilding your life while we handle the complexities of the application process.
  • With the retained right of residence provision, the EU Settlement Scheme offers a critical safety net for those facing significant life changes, ensuring that they can continue their lives in the UK with stability and security.

How much does the EU Settlement Scheme Family Permit Cost?

  • One of the most appealing aspects of the EU Settlement Scheme Family Permit is that it is entirely free to apply. This removes financial barriers and encourages eligible individuals to purse the permit as a strtforward way to reunite with their family in the UK.

Why Choose Professional Guidance for Your Family Permit Application?

  • Navigating the requirements and legal intricacies of the EU Settlement Scheme Family Permit can be challenging, particularly for individuals unfamiliar with UK immigration law. Professional assistance ensures that your application is meticulously prepared, significantly reducing the risk of delays or rejections.
  • At Immigration Visa Expert, our team specializes in providing tailored support to applicants of the EU Settlement Scheme Family Permit. We understand the nuances of the application process and work closely with clients to ensure their documentation meets all necessary criteria. Whether you are applying for the first time or seeking to clarify your eligibility, our expertise ensures a seamless process, enabling you to focus on reuniting with your loved ones in the UK.
  • With our commitment to excellence, we aim to simplify the complexities of UK immigration, helping families achieve their goals efficiently and confidently.

What happens after you receive an EU Settlement Scheme Family Permit?

  • Once you have been granted an EU Settlement Scheme family permit, you gain the flexibility to travel to and from the United Kingdom multiple times during the validity of the permit. Additionally, this permit allows you to live, work, and study in the UK without requiring additional permissions. It provides a seamless entryway into the UK for eligible family members of individuals from the EU, Switzerland, Norway, Iceland, and Liechtenstein. However, understanding the next steps and your responsibilities is crucial to ensuring compliance with immigration regulations.

Arriving in the UK with Your Family Permit

  • Upon arrival in the UK, travellers with an EU Settlement Scheme family permit may use the automatic ePassport gates for expedited entry if they are nationals of eligible countries, including Australia, Canada, Japan, New Zealand, Singapore, South Korea, and members of the European Economic Area (EEA) or Switzerland. For nationals of other countries, you must see a border control officer, who will verify your family permit and process your entry into the UK. It is important to have your family permit readily available to facilitate this process.

Duration of stay allowed under the Family Permit

  • The EU Settlement Scheme family permit is typically valid for six months from the date of the decision on your application. During this period, you have the right to reside, work, and study in the UK. The permit is a temporary solution, offering you time to transition to more permanent status if you intend to stay longer in the UK.

How to Stay in the UK After Your Family Permit Expires

  • If you wish to remain in the UK after your family permit expires, you must apply to the EU Settlement Scheme to secure either pre-settled or settled status. This application must generally be submitted within three months of your arrival in the UK. However, if you are unable to apply within this timeframe, you may still be eligible to apply at a later date, provided you can demonstrate “reasonable grounds” for the delay. Examples of reasonable grounds might include serious illness or circumstances beyond your control. Supporting evidence must be submitted to substantiate your case.
  • Securing pre-settled or settled status through the EU Settlement Scheme is vital if you intend to continue living, working, or studying in the UK beyond the validity of your initial family permit. Failure to transition to this scheme may result in the loss of your legal right to remain in the UK.

Living Outside the UK with a British Citizen: What Has Changed?

  • As of 9 August 2023, it is no longer possible to apply for an EU Settlement Scheme family permit as the family member of a British citizen with whom you lived in the EU, Switzerland, Norway, Iceland, or Liechtenstein. Previously referred to as a “Surinder Singh” application, this pathway has been discontinued. Individuals in this situation may need to explore other visa options, such as a family visa, to join their British family members in the UK.
  • For those who applied under the Surinder Singh route before the deadline, your application will still be processed, and you will receive a decision as soon as possible. If successful, you will be granted an EU Settlement Scheme family permit, allowing you the same rights and opportunities as other family permit holders during its validity.

Why Transitioning from a Family Permit to Settled Status Is Crucial

  • The EU Settlement Scheme family permit serves as an essential first step for many individuals seeking to join their family members in the UK. However, its temporary nature means that transitioning to settled or pre-settled status is crucial for those planning to establish long-term residence. Pre-settled status allows you to stay in the UK for a further five years, after which you may apply for settled status, granting indefinite leave to remain.
  • Failing to make this transition can lead to complications with your immigration status, affecting your ability to work, study, or access healthcare in the UK. To avoid these issues, it is vital to understand the requirements of the EU Settlement Scheme and ensure that your application is submitted promptly and accurately.
  • The EU Settlement Scheme family permit offers significant opportunities for eligible individuals to live and work in the UK, but understanding the full implications of the permit and subsequent applications is essential. Changes in immigration laws, such as the discontinuation of the Surinder Singh route, underscore the importance of staying informed about current regulations.
  • At Immigration Visa Expert, we specialize in guiding individuals through the complexities of UK immigration law. Whether you need assistance applying for a family permit, transitioning to pre-settled or settled status, or exploring alternative visa options, our experienced team is here to help. With our tailored support, you can navigate the process confidently and ensure compliance with UK immigration rules, allowing you to focus on building your future in the United Kingdom.

Visa Application Process for EU Family Permit

  • Navigating the EU Settlement Scheme is a crucial step for EU, EEA, and Swiss citizens and their families who aim to secure their rights to remain in the UK post-Brexit. Whether you are applying for the first time, transitioning from pre-settled to settled status, or determining your eligibility, it is vital to meet the scheme’s requirements to ensure a successful outcome. The process can be complex, particularly for those applying late, where ‘reasonable grounds’ for the delay must be demonstrated. Given these intricacies, seeking professional legal guidance can be invaluable. Each application may present unique circumstances that require expert interpretation to align with UK immigration law standards. Legal support can help ensure that your application is thorough, well-documented, and accurately presented, increasing your chances of a favourable decision.
  • AGCL Services specializes in assisting applicants through every stage of the EU Settlement Scheme, from initial consultations to application submission. With extensive knowledge of UK immigration regulations and experience handling complex cases, AGCL’s dedicated team offers a tailored approach to support each family’s unique needs. Our experts help clarify eligibility requirements, verify necessary documentation, and streamline the application process, reducing stress and potential errors. From beginning to end, AGCL Services provides personalized guidance, enabling families to navigate the EU Settlement Scheme with clarity and confidence, helping secure their future in the UK.

Contact Our Team of Experts

To obtain professional, most up-to-date, and accurate advice on your visa requirement please contact our experienced, and accredited team of immigration consultants on 020 3911 1115 or send us your query using this form or email us or request a call back.

Releated Visa Categories

Health and Care Worker Visa

Health and Care Worker Visa

UK Graduate Trainee Visa (GBM)

Graduate (Post Study Work) Visa

UK Skilled Worker Sponsor License for Employers

UK Skilled Worker Sponsor License for Employers

You cannot copy content of this page