EEA Family Permit

Page Contents

• Supporting documents
• Eligibility requirements
• Validity
• Extended family members
• Applying as a family member
• Residence card
• Living in the UK
• Once your permit expires
• What is an EU settlement scheme family permit?
• Apply for an EU family permit to join family in the UK
• Staying in the UK after 30 June 2021
• Visa options for relatives of UK citizens
• Frequently Asked Questions

There are number of different documents that you need to provide when applying for the EEA family permit. As part of the application process, it is necessary that you prove your dependency on your EEA family member.

The documents needed for your application are:

• A valid passport
• The valid passport or national identity card of your EEA family member (you are permitted to provide certified copies if the originals cannot be accessed)
• Proof of your relationship to your EEA family member. This can take the form of a birth certificate, a marriage /civil partnership certificate or proof that you have lived together for at least two years if you are unmarried.

In order to apply for this form of Entry Clearance, you must be from outside of the European Economic Area (EEA). In addition, you must be a family member or ‘extended’ family member of an EEA citizen.

There are also other ways one can be eligible. These are:

• Derivative right of residence: this means that you are the caregiver of a person who has the right to reside in the UK, the child of the caregiver, or the child of an EEA national who formerly worked in the UK.
• The ‘Surinder Singh’ route: this is open to non-EEA nationals who have lived in a different EEA country with their British family member
• Retained right of residence: you are able to remain in the UK as the family member of an EEA national who has died, left the country, or is no longer your spouse/civil partner.

If you successfully obtain an EEA Family Permit, it will be valid for an initial six months. You will be permitted to leave and re-enter the UK as many times as you wish and without any restrictions during this timeframe. Once this six-month period comes to an end, you can apply to extend your permit for up to five years.

Once this five-year period comes to an end, you will be eligible to apply for Permanent Residence. Once Permanent Residence has been held for 12 months, British Citizenship can be applied for.

If you are the extended family member of an EEA citizen, such as an aunt, uncle, cousin, nephew, or niece, it is possible to obtain a permit if you are able to show that you are dependent on them. You will also be able to obtain a permit if you can demonstrate that you are a member of their household or have a serious health issue and rely on them for care.

It is also possible to apply if you are an unmarried partner, providing that you can demonstrate that your relationship is both genuine and subsisting.

When applying for a permit as a family member of an EEA citizen, you must meet the ‘qualifying family member’ criteria. This involves evidencing that you are either:

• The spouse of civil partner of the EEA citizen
• The child or grandchild of the EEA citizen or their spouse or civil partner (must be under the age of 21), or dependent child or grandchild of any age
• A dependent parent or grandparent

If you successfully obtain a permit, you are given six months to travel to the UK with your EEA family member. Once in the UK, you will be able to apply for an EEA residence card, albeit this is not a legal requirement.

However, it is beneficial in that it proves your right to live in the UK, something useful if you are concerned about your status post-Brexit. It also makes it easier to transition into a permanent resident after five years.

When you commence your application for an EEA Family Permit, your EEA family member must be either already living in the UK or planning to travel to the UK with you within six months of applying. With this in mind, it is not essential that they are living in the UK on the date you make your application. However, in situations where they have lived in the UK for more than three months, they must have a permanent right of residence or be deemed a ‘qualified person’.

This is gained through being one of the following:

• Working
• Self-employed and paying both tax and national insurance
• Studying
• Financially independent

There are a number of circumstances in which a permit holder can remain in the UK even after it has expired. These are:

• If you are the family member of an EEA national
• If you are eligible for a ‘Surinder Singh’ application
• You possess a retained right of residence
• You possess a derivative right of residence

In order to demonstrate your right of residence, a residence card can be applied for. Whilst this is not a necessity, it makes it easier to prove your eligibility to live and work in the UK.

If you are an extended family member, you must apply for a residence card once your family permit expires.

The EU Settlement Scheme family permit is the replacement scheme for the EEA Family Permit. It allows family members of EU citizens who have settled in the UK to travel to the UK.

You can be eligible for this permit if you are the family member of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein
or the family member of an eligible person of Northern Ireland.

This permit allows you to stay in the UK for up to 6 months. It allows you to work, study and travel to and from the UK without restriction. You may be able to apply for the EU Settlement Scheme once you’re in the UK and if you’re eligible.

To apply for an EU Settlement Scheme family permit, you must first determine your eligibility based on one of the three viable routes. These are as follows:

• As a family member from the EU, Switzerland, Norway, Iceland or Liechtenstein
• As a family member of a person of Northern Ireland
• As someone who has retained the right of residence

Each pathway has specific eligibility criteria you must fulfil, and you must ensure that you meet all of the criteria before applying.

Applications should be made online through the official gov.uk website. You will need to have a valid passport to hand, as well as supporting documents to upload, including those that show proof of a genuine family relationship and the valid status of your family member in the UK.

The main deadline to apply for the EU Settlement Scheme was 30 June 2021.

However, you may still be eligible to apply for the scheme via an EU Settlement Scheme Family Permit if one of the following applies to you:

• You’re applying as a family member of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein who was living here by 31 December 2020, and has settled or pre-settled status, and you joined them in the UK on or after 1 April 2021, and you did not enter the UK as a visitor
• You’re the family member of an eligible person of Northern Ireland, but they could not move back to the UK without you by 31 December 2020 (you must be from outside the EU, Switzerland, Norway, Iceland or Liechtenstein)
• You had reasonable grounds for not applying by the deadline

You do not need to apply if you already have indefinite leave to remain status, Irish citizenship or a Frontier Worker Permit.

If you’re not eligible for the EU Settlement Scheme, there are other visa options that may help you immigrate to the UK.

These include the following:

• Spouse or partner visas – for spouses, civil partners or unmarried partners of those with settled status in the UK.
• Parent visa – for parents of children under 18 with status in  the UK.
• Work visas – if you have a valid job offer with a licenced sponsor in the UK or are eligible for one of the other, more specialist routes.
• Ancestry visa – if you’re a Commonwealth citizen and can prove British lineage.

Speak to one of our immigration advisers in London for more information on how to immigrate to the UK as an EU/EEA citizen. Call us on 0204 502 8582 or reach out to us online.