EUSS Family Permit

There are several features which make the EUSS Family Permit a unique UK immigration pathway.

Most EUSS Permits are issued for up to six months, which allows family members to come to the UK while applying for pre-settled or settled status. You must not be in the UK when applying for the permit. Permit holders can live, work and travel freely during this period, and there is no charge to apply, which makes it appealing to qualifying candidates.

Unlike a UK Family Visa, there is no minimum income requirement for sponsors, and applicants do not need to meet language proficiency criteria for the permit,t which offers a route to permanent residency.

Holders can apply to the EU Settlement Scheme to stay in the UK after their family permit expires. They should apply within three months of arriving in the UK.

Page Contents

• Overview of the EUSS Family Permit
• Who Can Apply for an EUSS Family Permit?
• What the EUSS Family Permit Lets You Do on Arrival: Rights & Limitations
• Requirements for the EUSS Family Permit
• Fees and Processing Times of EUSS Permit
• Surinder Singh, Zambrano and Other Closed Routes: Who Does This Affect
• Permit Validity, Multiple Entry and When to Apply to EUSS From Inside the UK
• Visitor vs Family Permit: Switching, Permitted Activity and Pitfalls
• How to Apply for an EUSS Family Permit
• EUSS Common Refusal Reasons and How to Avoid Them
• EUSS Appeals and Citizens’ Rights Appeals
• How can London Immigration Lawyers Help?
• Frequently Asked Questions

To apply successfully, you must provide documents that prove your identity and your relationship to the EEA sponsor.

You should be prepared to supply the following:

• A valid passport for yourself and your EEA family member
• Proof of your relationship, such as a marriage or civil partnership certificate
• Evidence of your sponsor’s identity and their settled or pre-settled status
• Proof that your relationship existed before 31 December 2020 (if applicable)

Dependency Evidence

For children over 21 or dependent parents, you must provide proof of financial dependency. This can include:

• Bank statements showing money transfers
• Evidence of shared household expenses
• Medical evidence of the dependency is due to health

EUSS Evidence Requirements

There are no fees associated with the EUSS Permit.

However, there may be additional costs, especially if you book travel before your permit is approved by UK immigration services.

Processing time for the EUSS Permit is usually 8 to 12 weeks, though this can change, especially during peak demand.

Need advice on the UK immigration system? Our experts can provide advice and next steps on 0204 502 8582 today.

There have been significant changes to the EUSS routes for family members of British citizens (Surinder Singh) and primary carers (Zambrano).

Surinder Singh Route Closure

The Surinder Singh route allowed family members of British citizens to apply for an EUSS Family Permit if they had lived together in an EEA country or Switzerland.

This route is closed to new applications from 8 August 2023. You can no longer apply under this route unless you have a pending application made before this date or meet very specific transitional provisions.

Zambrano Route Closure

The Zambrano route was for primary carers of British citizens who would be forced to leave the UK (and the EU) if the carer left. This route is also closed to new applications from 8 August 2023.

Guidance for Affected Applicants

If you believe you might have qualified under these routes but missed the deadline, you should seek legal advice immediately. Other visas are available that may allow you to join your family member in the UK, such as the standard UK Spouse or Partner visa.

The closure of these routes affects a narrow category of applicants. If you had exercised EU free movement rights abroad with a British family member, or if you were the primary carer of a British child, you may need evidence of your prior exercise of rights. This can include employment contracts from your time abroad, rental agreements, or school records for children.

Understanding the timeline of your permit is crucial to ensuring you do not become an overstayer.

Validity and Multiple Entry

The EUSS Family Permit is valid for six months. During this period, you can leave and re-enter the UK multiple times. The permit is not a single-entry visa, which gives you flexibility to travel.

In some cases, if your application is approved shortly before your planned travel date, your permit may be issued with a shorter validity period of four months. This ensures you have sufficient time to use it.

Applying to the EU Settlement Scheme

You must apply to the EU Settlement Scheme after you arrive in the UK and before your family permit expires.

• You should apply within three months of your arrival in the UK
• Applying to the EUSS allows you to stay in the UK after your family permit expires
• If you miss the deadline, you must show “reasonable grounds” for the delay, which can be difficult to prove

Track your application status online after arrival. If you have complex timing issues or anticipate difficulties meeting the three-month deadline, contact us at 0204 502 8582 for guidance on your next steps.

It is a common misconception that you can enter the UK as a visitor and then “switch” to the EU Settlement Scheme.

The “No Switching” Rule

If you enter the UK on a Standard Visitor visa, you cannot apply to the EU Settlement Scheme as a joining family member. You must hold a valid EUSS Family Permit before you arrive.

Attempting to switch from a visitor visa to the EUSS from within the UK is likely to result in a refusal. You would normally be expected to return to your home country and apply for the correct permit from there.

Visitor visas are intended for short stays, tourism, and limited business activities. They do not grant the same work and study rights as an EUSS Family Permit. Furthermore, the purpose of your visit must be consistent with the visitor rules and not to establish residence.

Exceptions

There are very limited exceptions to this rule, primarily for compassionate or compelling reasons, or for those already in the UK with another valid type of leave (not as a visitor).

Examples of compelling reasons might include a sudden deterioration in your sponsor’s health or situations involving domestic abuse. You would need to present clear evidence at the border or to a caseworker.

The application process is online and free.

1. Submit your details through the official government portal
2. Provide and upload digital copies of your passport and evidence
3. Attend an appointment at a U.S. visa application centre (or the relevant centre in your country) to provide fingerprints and a photo

Ensure you provide accurate contact details. The Home Office may contact you for further information.

You must not be in the UK when you apply for the permit. Applications must be made from outside the UK, and you should wait for a decision before travelling.

EUSS Family Permit applications are frequently refused due to avoidable errors.

Inadequate Proof of Relationship

The most common refusal reason is a lack of evidence showing the relationship existed before 31 December 2020. Ensure you provide official documents, such as marriage certificates, dated before the deadline.

For unmarried partners, you must demonstrate that your relationship was durable and genuine, often requiring at least two years of cohabitation before 31 December 2020.

Inconsistent Residence Evidence

If you are applying as an unmarried partner, you must prove you were in a durable relationship for at least two years before the deadline. Inconsistent addresses on bank statements or utility bills can lead to a refusal.

Ensure that documents such as tenancy agreements, council tax bills, and bank statements all show the same address and cover the full period of your relationship.

Missing Deadlines

Applying after the relevant deadlines without reasonable grounds is a major trigger for refusal.

If you arrive in the UK on your EUSS Family Permit but fail to apply to the EU Settlement Scheme within three months, you risk refusal of your EUSS application unless you show reasonable grounds for the delay.

Applying From Within the UK

You must apply for the EUSS Family Permit from outside the UK. Applications made while you are physically in the UK will be refused, except in very exceptional circumstances.

Expired or Invalid Documents

Submitting an expired passport or out-of-date supporting documentation will result in delays or refusals. Check all document expiry dates before submitting your application.

Practical Mitigations

• Double-check all dates on your documents
• Provide a covering letter explaining any gaps in evidence
• Use affidavits only when primary evidence is unavailable, and support them with other documents
• Ensure consistency across all documents (names, addresses, dates)
• Keep copies of everything you submit

If your application is refused, you may have the right to appeal.

Appeal Process

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if your application is refused.

• If you are outside the UK, you have 28 days to appeal after you receive the decision
• If you are inside the UK, you have 14 days to appeal

The appeal allows an independent judge to review the Home Office decision. You can submit additional evidence that was not included in your original application.

Administrative Review

The option for Administrative Review was removed for EUSS decisions made on or after 5 October 2023. This means you cannot ask the Home Office to review the decision internally for errors in most new cases. Your primary remedy is now an appeal.

For decisions made before this date, Administrative Review may still be available. Check your refusal letter carefully for information on your review rights.

Judicial Review

If you do not have a right of appeal, or if legal errors were made that cannot be resolved through an appeal, a judicial review might be an option. This is a complex process and you should seek specialist legal help.

Judicial review examines whether the decision-maker followed the correct legal process, rather than re-examining the facts of your case. Time limits for judicial review are strict, so act quickly if you believe this is necessary.