EUSS Family Permit Applications
Family members from outside of the of European Economic Area (EEA) may apply for an EUSS family permit to join, or accompany, their EEA family member. We have received a number of queries about the EUSS family permit and the difference between the EUSS permit and the EEA family permit. So of course, we thought we would post a blog post on the subject in case there were others seeking clarification about this and about the requirements.
The EU Settlement Scheme
The EU Settlement Scheme (EUSS) allows qualifying nationals to continue their residence in the United Kingdom (UK), after the UK leaves the European Union (EU) on 31 October 2019 (also known as ‘Brexit’) and any transitional period.
Under the Scheme, non-EEA who is not in possession of a valid biometric card, or permanent residence card issued by UK Visas and Immigration (UKVI) under the Immigration (European Economic Area) Regulations 2016, may accompany their EEA national family member to the UK, or join them in the UK.
The EUSS family permit operates alongside the EEA family permit.
EEA nationals
EEA nationals are defined under Annex 1 of Appendix EU (Family Permit), https://www.gov.uk/guidance/immigration-rules/appendix-eu-family-permit and can include an EEA national that had previously exercised their Treaty rights in the UK and later naturalised as a British citizen under the British Nationality Act 1981. Where the EEA national acquires British citizenship, they must retain their EEA (or Swiss) nationality.
If the EEA or Swiss family member’s nationality is cancelled, curtailed or revoked, their rights to sponsor their family member(s), under the EUSS, will be lost.
Non-EEA nationals
Non-EEA nationals are defined in Annex 1 of Appendix EU (Family Permit) as anyone who does not hold EEA or British citizenship.
Family Members
If you are a non-EEA national, you can apply for an EUSS family permit to enter the UK providing the following applies:
- You are the close family member of an EEA or Swiss national; and
- the EEA national you wish to join has pre-settled status or settled status under the EU Settlement Scheme; and
- the EEA national that you are joining is already in the UK, or will be travelling with you to the UK within 6 months of the date of your application.
Family members must satisfy UKVI of their relationship. This is crucial as we have been approached by clients who had prepared their applications and had their application for an EEA or EUSS family refused because UKVI had not accepted that they were married or related to their EEA family member.
It can be extremely disheartening to receive a refusal on the basis of a relationship to an EEA or Swiss national, in part, because UKVI will not provide a right of appeal in such cases. The problem is not that those individuals had done the application themselves, but rather that they did not provide satisfactory evidence to support the application.
Family members are defined under Annex 1 of Appendix EU (Family Permit) as:
- The spouse or civil partner of an EEA national in a genuine and subsisting relationship;
- The child of an EEA national or of their spouse or civil partner;
- The grandchild or great-grandchild of an EEA national or of their spouse or civil partner; and
- The dependent parent (or grandparent or great-grandparent) of the EEA national or of their spouse or civil partner.
As of 9 April 2019, non-EEA family members can also apply directly for leave under the EUSS from outside the UK.
Nevertheless, if you are the close family member of a British citizen who had exercised their Treaty rights in another Member States before returning to the UK to live (Surinder Singh cases), you may not apply for a EUSS family permit. Instead, you must apply for an EEA family permit.
In addition, it is advisable to apply for an EEA family permit, rather than an EUSS family permit, if you are:
- An extended family member, as defined in the EEA Regulations, such as a durable partner or dependent relative; or
- A person with a derivative right of residence in the UK, such as ‘Chen’; ‘Ibrahim and Teixeira’; and ‘Zambrano’ cases; or
- A family member of an EEA or Swiss national who does not yet have settled status or pre-settled status under the EU Settlement Scheme
For instance, one of our clients, Jo, recently joined her unmarried partner in the UK after a successful application for entry clearance. Her partner is a German national and has pre-settled status to the EUSS. However, as Jo is deemed to be the extended family member of an EEA national, she had to apply for an EEA family permit, rather than an EUSS family permit.
Documents
As with any application for entry to the UK, it is important that you submit the required documentation in support of your EUSS family permit application.
The documents to be submitted include:
- Your current and valid passport;
- Evidence of your relationship to the EEA family member;
- Evidence of your EEA family member’s identity such as a certified copy of their current and valid passport or national identity card; and
- Proof of your dependency on the EEA family member, if relevant.
Evidence of your relationship to the EEA family member. Such documents will depend on the nature of the relationship and may include, for example:
- Your marriage certificate or civil partnership certificate; or
- Full birth certificates; and /or
- Evidence of their dependency if, for instance, the child is over 21 years of age,
It can help to provide additional documents such as:
- Evidence of the EEA national’s employment in the UK, such as their employment contract, wage slips or a letter from an employer;
- Evidence of the EEA national’s self-employment, such as contracts, invoices or audited accounts with bank statements and confirmation of paying tax and National Insurance;
- Proof that the EEA national is studying in the UK, by way of a letter from the school, college or university; and/or
- Evidence of financial stability.
Original or certified copies must be submitted supported by certified translations, where appropriate. However, as of 16 February 2019, it is no longer a requirement for you to provide a certified English translation for certain public documents issued by another Member State only, as per Regulation (EU) 2016/1191.
Regulation (EU) 2016/1191 does not apply to documents issued by public bodies in non-Member States.
Cost
EUSS family permit applications do not carry a fee. Nor do they attract the Immigration Health Surcharge. Yet, the fact that the applications are free to make, does not mean that the application should be taken any less seriously than any other application for entry into the UK.
Location
EEA family permits can be submitted at any overseas location and you need not be a national or resident of the country that you would like to apply from.
Length
Like the EEA family permit, the EUSS family permit is valid for 6 months from the date of the decision. During that time, you may enter the UK as many times as you wish.
Residence
On the expiry of the permit, or following your arrival to the UK, you may continue to reside in the UK by applying for pre-settled status. This will prove your right to stay in the UK, and your right to work, study and access services.
Conclusion
A non EEA family member may apply for a EUSS family permit to accompany or join their EEA national family member in the UK. There are some key differences between the EUSS family permit and EEA family permit, though the EUSS family permit has many advantages.
Written by Carla Thomas – Managing Director at Thomas Chase immigration.
Thomas Chase Immigration offer immigration assistance to individuals and families and are the recipients of the Corporate Immigration & Relocation Award Winner 2019: ‘UK/EEA Family Permit Support Advisor – London’.
Call to action
If you still have questions or concerns or you would like straightforward immigration advice or assistance with your application to the EU Settlement Scheme or for an EEA family permit, then feel free to contact us.
Contact us at info@thomaschaseimmigration.com visit https://www.thomaschaseimmigration.com/contact-us to arrange a consultation. Or learn more about from our blogs
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18 Comments
Summer Samuel
Hello Thomas,
I’m an Irish with pre- settled status, started living in UK in 2017 im working and now would like to get my partner to join me under family permit, EUSS, my Question, bse Brexit happened when I’m here already im certain my partner is Eligible to apply
Patrick Bweete
Iam planning to travel to the UK to meet my Uncle but am a non EEA citizen, am I eligible for the EUSS family permit. And will I be required to show proof of financial dependency?. Thanks
Harihar Bhattarai
Hello,
I am Harihar Bhattarai, German citizen, living in the UK since 2015 and have been granted Settled status under EUSS.My wife also living with me as EEA family member and granted settled status. My father in law and my mother in law are non EEA citizen. They never been entered here in the UK. I didn’t know before june 2021 that, they could apply to come to the UK as a EEA family member. I wanted to invite them to visit us here and applied visitor visa in 2019 twice, but rejected by home office. Now I am searching home office website and seeing that there is no deadline to apply for EUSS family permit. Please could you suggest me whether my father in law and mother in law can still apply under the EUSS family permit to the UK or not? If they are eligible to apply as a family member of a settled EEA citizen, then I want to apply under this right. But to proove they are dependent on me I have money transfer receipts of after august 2021 only. After august 2021 I have frequently sent money to them. So, my question is that whether they need to proove their dependency on me before june 2021 as well to apply EUSS family permit or not?
Could anyone kindly suggest me please?
Best Wishes,
Harihar
John
Hello Thomas,
I have applied for EUSS FP on December 13 2020 and had my biometric done in Nigeria. My spouse is a German citizen with a pre settled status in the UK.
However, just this week 13th December 2021, my application was refused on suitability ground(extant deportation order) with a right of appeal.
As I intend to appeal the decision, do I stand a chance in the appeal as I feel I should have a ground under the Withdraw Agreement, particularly Art. 20 of the Agreement and maybe other relevant case law.
I await your warm response
Thank you.
Kwabena Owusu Mensah
Hi , I applied for an EEA family permit and submitted my biometrics on June 4th 2021 from Ghana to join my dad who’s an EU citizen. I got a receipt acknowledgment mail from Liverpool visa center my application is being prepared for consideration on 19th of August. On the 20th of September I got a mail from tls contact Ghana a decision has been made and my travel document is ready for collection, got there and I was given only my passport with no other documents. I am confused now if my application has been refused or otherwise…..please help me clarify what to do next
Thomas Chase
Hello. It is difficult to say because we were not involved in the application process.
A successful outcome will be reflected by the visa vignette in the passport.
If not, UKVI will provide a letter detailing the reasons for the refusal. The letter will be provided upon collection of the passport or via email.
Therefore, you may wish to carefully review your passport and email inboxes.
Alternatively, you can contact UKVI for an update. See: https://www.gov.uk/contact-ukvi-inside-outside-uk.
Jobina
Hello Thomas,
I applied for an EEA family permit in November last year and it was refused and I was told to appeal which was later granted. The home office wrote and said they accept the court decision and that I should send in my passport for the EEA stamp. Mind you I came to visit my family on a visitor visa in November just a day after I applied for the EEA permit with the hope that when the EEA is issued I would return to collect it as I did the keep my passport service so I could travel with my visitor visa. Late in June proxy to the end of the EEA scheme (June 30)the home office refused to issue the EEA and instead they proposed to issue EUSS instead and said they will confirm if I meet the criteria. Mind you also my visitor visa was for 6 months and expired in April but before the last date of the visa expiring I applied for the EUSS as an extension so I am not regarded as an over stayer.
Since I submitted my passport to the home office in June I have not received it back instead they refuse the EUSS that they had initially proposed stating that I didn’t meet the eligibility and suitability of the scheme. My question is isn’t the same supporting document used in EEA also used for EUSS? Because I think the home office purposely delayed the issuance of the EEA and then it expired on June 30th.
My other question is even if it’s not issued can I used the mail received by the home office and the court judgement as a supporting document for the EUSS that I applied for before the expiration of my visitor visa?
Thank you
Brenda
Hello,
My husband, an EU national relocated to the UK in November 2020. I applied for euss family permit and got denied in June. I am about to ´reapply but my husband is not working yet. However, he’s doing an online course. Would that be sufficient proof of study to fulfil the provision for exercising treaty rights? is it necessary to provide employment letter or pay slips when you already have pre-settled status?
Laila
I m eea citizen with pre settled status in uk.
My husband is residing in non-eu/eea country.
What is better for me to apply under?
Eea or euss family permit?
Alisa
Hello.
I am a little bit confused and would like your advice, please.
I am non-EU citizen with pre-settled status in the UK leaving for 3 years as am married to the EU citizen who is 4 years in the UK. I would like my 63-year-old mum pensioner to live with us, and she is not from the EU as well . Does she apply under EUSS family permit? How much is the application and what kind of benefits she can get? Like will she be allowed to use NHS services or work in the UK?
Many thanks in advance.
Alisa
Michael
Hi, is there any difference between the wording used in the printed Family Permit in the passport, either as “accompanying” or “joining” the EEA Family Member. Should the EEA Family member travel with the person granted the Family Permit if it says “accompanying”, or can the person travel alone to join their EEA Family member in the UK?
Catherine
Hi, I have a question for the EUSS family permit.
I am a non EU citizen and my husband is EU citizen who already got a settlement scheme and permanent residency ,
We did applied EUSS family permit on this end of the Feb (2020)and already done biometrics on Feb outside of the UK.
It almost has been waiting for 5 months but still nothing answer and my passport is still stuck , We already contacted UK government and local VFS (its open) ,they said our decision has been made . but after all nothing react.
I understand currently COVID situation and so many people are suffering . My question is that should I cancel the our EUSS family permit and apply for again ? or just wait for unknowing situation.
Thank you in advance.
Kind regards.
Thomas Chase
Hello Catherine,
As you have been informed that a decision has been made, our suggestion would be to wait for the outcome to be communicated. If the information provided by the visa application centre is correct, it will not be possible to withdraw the application at this stage.
The ongoing pandemic has thrown the standard processing timescales out of sync and unfortunately, your situation is not uncommon.
Nevertheless, visa application centres are resuming services in various locations, and you have stated that your centre has reopened. Depending on where you are located, the visa application centre will contact you shortly to inform you of when you may collect your document(s).
You can also contact the visa application via the following links:
– TLS is you are located in Europe, Africa and parts of the Middle East: https://uk.tlscontact.com
– VFS, for all other locations: https://www.vfsglobal.co.uk
All the best!
Mike
What do you mean by financial stability?
How many payslips do I nee to submit?
How much should I earn provided that I am working 24hrs a week and on the minimum wage?
Thanks in advance
Thomas Chase
Hello Mike,
The applicant and sponsor must evidence that they have sufficient funds to look after themselves without requiring State funds.
The supporting documents and payslips to be provided will depend on the specific circumstances. For instance, if the EEA national has been in the UK for some time, and their non-EEA family member is seeking to join them in the UK, the EEA national may wish to submit payslips covering the last 6 months as proof of their earnings.
The situation will differ if the EEA national and family member are relocating to the UK together. If so, they may wish to focus on any savings held.
Feel free to book a telephone consultation if you would like to discuss.
All the best.
Julia
Hi
I am an EU national having acquired a pre-settled status in the UK in April 2019. My husband is a non-EEA national and we are planning to apply for a EU Settlement Scheme Family Permit. He is planning to come and visit me every so often, however, we are not sure whether he will be able to definitely move to the UK within the next 6-8 months. Is it possible to apply for another EU Settlement Scheme Family Permit in case he will not be able to move here before the Family Permit expires or what can we do to bridge that time.
Currently he is planning to move here latest towards October, November 2020.
Thank you very much!
Julia
Thomas Chase
Hello Julia,
A non-EEA family member may secure an EUSS family permit to enter the UK as needed, within the validity of the permit.
If the EUSS family permit expires, the non-EEA family member may apply for a new EUSS family permit. If they enter the UK by 31 December 2020, they may go on to apply for pre-settled status.
All the best.
Julia
Hello Thomas,
Thank you so much for your quick response and advice.
That is very good news then. Just for clarification – is it only possible to reapply after the permit has expired or would it also be possible to reapply towards the end of the validity?
I suppose the application will have to be made again from outside of the UK?
Many thanks!
Best wishes
Julia