Author: Bhavneeta Limbachia
If you are a non-EEA family member and your family member has been granted pre-settled or settled status under the EU Settlement Scheme, you can either travel or join them in the UK on an EU Settlement Scheme Family Permit.
Requirements
- You must be from outside of the EEA.
- You must be a ‘close family member’.
- The EEA national you are seeking to join has been granted pre-settled or settled status in the UK.
- The EEA national is already present in the UK or will be travelling with you within 6 months from the date of your application.
Who is a ‘close family member’?
- Spouse/civil partner
- Child or grandchild under the age of 21 who is related to you or your partner
- Dependent child of any age
- Dependent parent or grandparent
Documents you must provide
- Valid passport
- Evidence of relationship to EU national
- Marriage certificate, civil partnership certificate, birth certificate
- Photographs
- Proof of dependency if you are a child or grandchild over the age of 21
- Your family member’s EU Settlement Scheme Application reference number
Duration
The EU Settlement Scheme Family Permit will be valid for a period of 6 months. This means you can leave and enter the UK as many times as you wish to do so within the 6 months. If you would like to remain in the UK for more than 6 months, then you will need to apply under the EU Settlement Scheme.
EU Settlement Scheme
Under the Withdrawal Agreement (‘deal Brexit’) you will have until 30 June 2021 to apply under the EU Settlement Scheme.
If we have a no-deal situation, then the deadline to apply under the EU Settlement Scheme will be 31 December 2020.
Processing times
Currently there is no guidance on processing times of applications. However, the government has indicated that it aims to process applications as quickly as possible to enable family members of EEA nationals to apply under the EU Settlement Scheme once they are in the UK.
EEA Family Permit
If you are not a ‘close family member’ of the EEA national (i.e. extended family member) or alternatively if the EEA national does not have pre-settled or settled status, then you can apply for an EEA Family Permit instead.
However, it can be more beneficial for you to apply for an EU Settlement Scheme Family Permit if your EU family member has been granted status under the EU Settlement Scheme. This is because the evidential burden is higher if you apply for an EEA Family Permit as you will be required to provide evidence that the EEA national is a ‘qualified person’ (i.e. working, self-employed, looking for work, studying, self-sufficient) if they have been residing in the UK for more than 3 months or hold a Permanent Residence document.
If you are unsure which family permit is more suitable for you or you require assistance with the process, then please contact us.
