Family Permit EU

1. The difference between Family Members Visas and Family Permit

Since the UK completely withdrew from the European Union in 2020, there have been some changes in the visa regime for close family members of persons (EU citizens), who have already obtained British Citizenship or Settled Status, Pre-settled Status, or received asylum in the UK, etc.

What kind of visa is needed for your partner, wife, or children:

• Family Permit – if your relationship has been started or registered BEFORE 31 
 December 2020
• Family Members Visas – if your relationship has been started or registered AFTER 
 December 2020

There is a special appendix for Family Permit, according to which close family members can come, it does not include siblings (sisters and brothers).

For example, EU citizens who have received Settled or Pre-settled Status in the UK can call their parents, their wife and children. At the same time, their marriage had to be registered before 2020, and relatives could come to the UK with a family permit. If their marriage is registered after 2020, then relatives have to apply for Family Members’ Visas.

2. Family Permit EU requirements

To be eligible for a family permit under the EU Settlement Scheme, you must meet the requirements set forth by UK Visas & Immigration:

• you will be joining the EEA citizen in the UK or accompanying them in the UK within 6 
 months of the application date
• you are accompanying the family member of a relevant EEA citizen (an EEA citizen who 
 holds either Settled Status or Pre-Settled Status, or has applied and is waiting for a 
 decision)
• your family relationship has started before 31 December 2020

You must be outside the UK to apply.

3. What family permits are for

It is simpler to visit the UK with your family members or to join them there if you have a family permit. It permits visits to the UK for a maximum of six months. Before the permit expires, you are free to come and go as often as you like, work, and study.

Without a permit, you might not get a boarding pass or may be refused entry into the UK. If you qualify for the EU Settlement Scheme, you may apply to remain in the UK longer.

4. Applying to the EU Settlement Scheme

You can either apply for a family permit before you come to the UK and then apply to the EU Settlement Scheme once you’re here or apply to the EU Settlement Scheme from outside the UK.

Only the following qualify you to apply from outside the UK under the EU Settlement Scheme:

• you’re from the EU, Switzerland, Norway, Iceland or Liechtenstein and have a valid 
 passport or national identity card with a biometric chip
• you’re from somewhere else and you have a UK-issued valid biometric residence card

In other circumstances, you will have to apply for entry into the UK using a family permit.

5. Who can apply

There are various ways to qualify for a family permit. Your eligibility will determine how you should apply.

6. If you have a family member from the EU, Switzerland, Norway, Iceland or Liechtenstein

If your family member begins residing in the UK by December 31, 2020, you may apply for permission. Family members with British citizenship are included in this if they also possess:

• their citizenship from the EU, Switzerland, Norway, Iceland or Liechtenstein, and
• if they lived in the UK using their free movement rights before becoming a British citizen (also known as a “Lounes case”)
• having dual nationality with Switzerland, Norway, Iceland, or Liechtenstein and having arrived in the UK before July 16, 2012, without making use of their right to free movement within the EU (sometimes referred to as a “McCarthy case”)

If your family member lives outside of the UK yet works there regularly (sometimes referred to as a “frontier worker”), you may still apply.

If you were living with your family member in the UK before 31 December 2020 but they have died, left the UK or the relationship has broken down, you might still be eligible to apply. This is also known as having ‘retained the right of residence’.

7. If you are a family member of an eligible person of Northern Ireland

If you have a family member who is an eligible person from Northern Ireland, you can apply.

Your family member must be an Irish, British or dual British and Irish citizen who was born in Northern Ireland.

They also needed to have been born to parents who were either British, Irish, or dual citizens, or who did not have any time limits on their presence in Northern Ireland.

8. If you’re living outside the UK with a British citizen

You may be able to apply as a family member of a British citizen. This is also known as a ‘Surinder Singh’ application. 

All of the following should apply to you:

• you currently reside in an EU nation, Switzerland, Norway, Iceland, or Liechtenstein with a family member
• you were living there with them by 31 December 2020, or you were born or adopted there since then
• your family member will accompany you to the UK for up to six months after you apply, or they will already be there

Most family members have to apply by March 29, 2022, this was a deadline. If you have “reasonable grounds” (such as a medical condition) for not applying by then, you can still apply.

You must apply for a family permit before you can return to the UK.

9. Fees

The application is free.

10. How can BS Immigration advisers help?

Our immigration advisers regularly assist family members of EEA nationals to relocate to and settle in the UK, including via the EU Settlement Scheme Family Permit route.

Whether you require expert advice on the requirements for an EU Settlement Scheme Family Permit, an independent assessment of your prospects of qualifying for an EU Settlement Scheme Family Permit or professional assistance with preparing an EU Settlement Scheme Family Permit application or appeal, our immigration advisers can help.

We pride ourselves on being approachable and proactive in understanding and meeting our client’s needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice to family members of EEA nationals as part of a professional and friendly service.