Family Member of the EU National Settlement Scheme
Suppose you are a family member of a non-EEA citizen of the European Union, the European Economic Area, or Switzerland. In that case, you can apply to join or remain with your family in the United Kingdom under the EU Settlement Scheme. This grants you the right to reside, work, and study in the UK after Brexit.
Suppose you are a family member of a non-EEA citizen of the European Union, the European Economic Area, or Switzerland. In that case, you can apply to join or remain with your family in the United Kingdom under the EU Settlement Scheme. This grants you the right to reside, work, and study in the UK after Brexit.
About Family Members of the EU National Settlement Scheme
The Family Member of an EU National Settlement Scheme offers a comfortable way for the non-EEA family of an EU, EEA, or Swiss national to stay in or come to the UK after Brexit. The plan is for those whose relationship existed before December 31, 2020, and are still living.
Applicants who fall under this category must be individuals with a relationship to the EU, the EEA, or Swiss citizens who were residing in the UK before the end of the transition period following Brexit. This scheme is available to both immediate and extended family members, including spouses, civil partners, unmarried partners, dependent children, and dependent parents or grandparents.
The family member of the EU citizen must be either someone who has already been granted settled or pre-settled status under the EU Settlement Scheme, or they must be eligible for these statuses.
Such will include the following:
- The application is without any charge
- There is no requirement to meet financial thresholds
- Family reunion is more flexible
The online tool is the only way to apply, which means that if the recipient is eligible, they will have either pre-settled or settled status, depending on how long they or their EU family member has been in the UK. The successful can then work, study, and use public services.
Ensuring you submit your application on time is extremely important, but if there are legitimate reasons for being late, it is acceptable. Understanding the scheme ensures that the family remains united after Brexit, in accordance with UK immigration law.
Applying for the Family Member of an EU National Settlement Scheme means you have to prove that you are eligible and follow the correct steps of the application process.
Eligibility Criteria
You can apply if you:
- Are the spouse or civil partner of an EU, EEA, or Swiss citizen
- An unmarried partner who has lived with the EU citizen for at least two years
- Are a dependent child, grandchild, parent, or grandparent of an EU citizen
- Are an extended family member (if the relationship was durable and recognised before the end of 2020)
Residence Requirements
The EU family member must prove that they were living in the UK before 31 December 2020 and must have settled or pre-settled status.
Application Steps
- Determine your eligibility: Verify if your relationship to an EU citizen qualifies you for the scheme.
- Collect documents: Gather evidence of your relationship, place of residence, and dependency (if applicable).
- Use the internet to submit your application: Follow the steps on the UK Government’s official website and complete the application form.
- Provide biometric evidence: When submitting a UK Visa and Citizenship Application Services (UKVCAS) application at a centre, please provide your photo and fingerprints.
- Wait for the decision: Most are released to you within six months.
Common Scenarios
- If the EU citizen has settled status, you may apply for settled status directly if you have lived with them for five continuous years.
- If an EU citizen has pre-settled status, they will receive it and subsequently have the option to apply for settled status.
Legal assistance can make intricate cases more straightforward to understand, thereby helping to submit applications correctly.
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Immigration Solicitors UK (ISUK) provides expert guidance on all aspects of the EU Settlement Scheme for family members. We assist with eligibility checks, document gathering, and application submissions. Our experienced legal team ensures that each case is handled meticulously, helping clients avoid common pitfalls and delays.
Whether you’re applying from outside the UK or are already in the country, our specialists offer full representation, from initial consultation to final decision. We also support appeals and administrative reviews if your application has been refused.
With a high success rate and deep understanding of post-Brexit immigration laws, we work diligently to reunite families and protect your rights to live with your loved ones in the UK.
Extended family members under the EU Settlement Scheme include individuals who are not immediate family members but have a close and durable relationship with an EU citizen. This category is more restrictive and requires additional evidence.
Examples include:
- Unmarried partners in a durable relationship
- Brothers, sisters, aunts, uncles, cousins, nephews, and nieces who are dependent on the EU citizen
- Individuals who were members of the household or strictly dependent on the EU citizen before 31 December 2020
The relationship must have existed and been recognised before the Brexit cut-off date. Proper documentation and evidence of dependency or household membership are essential to qualify under this route.
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To make an application for the Family Member of an EU National under the Settlement Scheme, you have to satisfy the documentation conditions. The specific requirements depend on the details of your case, but the general ones are:
- Proof of Identity: A passport or a national ID card recognized as valid.
- Proof of Relationship: Marriage or civil partnership certificate, birth certificates, or durable relationship evidence.
- Proof of Residence: Evidence that your EU family member was living in the UK before 31 December 2020.
- Evidence of Dependency (if applicable): Financial records, medical letters, or support documentation showing that the family member was financially or medically dependent on the EU citizen.
- Proof of EU Citizens’ Status: Copy of settled or pre-settled status confirmation.
- Accommodation and maintenance details (not mandatory, but helpful in some cases).
- Biometric Data: Submission at UKVCAS centres for fingerprints and photographs.
The submitted materials should be truthful and mutually complementary. Contradictions or missing proofs may lead to case handling being slowed down or even rejected. You will most likely have to translate income documents into English if you apply from outside the UK.
We recommend consulting a lawyer to obtain the best possible supporting evidence and ensure compliance with all eligibility conditions. The main reason for disallowance is insufficient documentation of the application.
Applicants often make mistakes in practical areas.
- Applying the wrong approach to prove the relationship that existed before 31 December 2020
- Missing the evidence of the relation of an extended family member to the dependency
- Providing expired or different identification documents, and thus committing a mistake
- Not bringing proof of the residence of an EU citizen in the UK before 2021
- Using the translations that are not official for the documents that are in a language other than English language
- Thinking that the process is automatic for children or dependent parents without taking proper steps
These inaccuracies can result in either rejection or delayed processing. A transparent and well-planned application can improve your chances of success.
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Family members of relevant EEA citizens may be eligible to travel under the EU Settlement Scheme if the EEA citizen was living in the UK before 31 December 2020.
Eligible Family Members
- Spouse or civil partner
- Unmarried partner in a durable relationship
- Child or grandchild under 21
- Dependent child or grandchild over 21
- Dependent parent or grandparent
- Other dependent relatives
Conditions
- The EEA citizen must have settled or pre-settled status
- The Relationship must have existed before 31 December 2020
- Dependents have to be able to demonstrate through evidence that the EEA citizen is their only source of financial support, or they rely on his/her for medical care
Additionally, family members of an EEA citizen who has become a British citizen can become eligible if the EEA citizen has not lost their pre-settled or settled status before the naturalisation process.
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Supporting evidence is crucial in demonstrating a person’s eligibility. These can be:
- Joint bank account statements
- Utility bills showing shared address
- Rental agreements or mortgage documents
- Photos of them together over a long period of time
- Letters from professionals confirming the relationship
- Proof of communication (emails, texts, etc.)
They must be in agreement with each other and clearly indicate the relationship and the applicant’s link to an EEA citizen.
Times to process the EU Settlement Scheme Family Permit are different. Typically:
- Applications from outside the UK: About 12 weeks
- Applications from inside the UK: 4 to 8 weeks
Cases that require more work or lack sufficient evidence may result in a longer timeline. It is essential to apply on time to ensure acceptance before any trip or legal status expires.
Applicants are advised not to arrange a trip until the case is decided. Generally, there is no option for rapid processing for this scheme.
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Applying for an EU Settlement Scheme Family Member Permit
The electronic application form can be filled out through the official UK Government website. The supporting documents are uploaded electronically, and biometric data is given at the visa application centre.
Those outside the UK will apply for a Family Permit, which grants them the right to enter the UK and subsequently apply for pre-settled or settled status. Those in the UK can apply directly to the EU Settlement Scheme.
It is essential to adhere strictly to the official guidelines and provide complete and accurate information. A lawyer’s assistance plays a vital role in increasing the chances of success and improving the quality of the application.
FAQ
Frequently Asked Questions
Am I allowed to apply if my love relationship started after 31 December 2020?
No, the relationship should have existed and been durable before 31 December 2020.
Does the scheme have a date by which applications must be submitted?
Yes, however, the overall deadline was 30 June 2021, and an application can be made after this date if there are legitimate reasons.
Is there a fee required to submit my application?
No, the EU Settlement Scheme application is free of charge.
With this status, can I hold a job and attend university in the UK?
Yes, successful applicants can reside, be employed, and study in the UK.
Is it allowed to bring children when applying?
Yes, children could be part of the application, but they will need a separate one and be given the appropriate documents.
