Family Member of an Eligible Person of Northern Ireland
Suppose you are a non-EEA family member of an eligible person from Northern Ireland. In that case, you may be entitled to have your status under the EU Settlement Scheme. This option grants family members the right to live, work, and study in the UK, thereby ensuring family unity after Brexit.
Suppose you are a non-EEA family member of an eligible person from Northern Ireland. In that case, you may be entitled to have your status under the EU Settlement Scheme. This option grants family members the right to live, work, and study in the UK, thereby ensuring family unity after Brexit.
About Family Members of an Eligible Person of the Northern Ireland Settlement Scheme
The Family Member of an Eligible Person of the Northern Ireland Settlement Scheme is designed for the non-EEA family members of people who wish to move to the UK or those who want to continue living with their family there. The scheme acknowledges that people from Northern Ireland are in a unique situation, following the Good Friday Agreement, and therefore provides them and their family members with the necessary protections under the EU Settlement Scheme.
In other words, the scheme considers a person to be an “eligible person of Northern Ireland” if the person is someone who:
- Was born in Northern Ireland
- Has British, Irish, or dual British and Irish citizenship
- Can prove that when they were born, at least one of their parents was of British, Irish, or dual citizenship
Close family members, such as spouses, civil partners, children, and dependent parents or grandparents, can be considered part of the scheme’s family.
Applicants must demonstrate to the program that their relationship with the eligible person was established before December 31, 2020, and remains intact. Additionally, the eligible person must normally reside in the UK. The most important thing is that a person from Northern Ireland must not have exercised their EU free movement rights outside the UK, as this may lead to losing eligibility.
The application route has no charge and enables those who are successful to obtain either pre-settled or settled status, depending on the duration of their stay in the UK. This status grants the right to reside, be employed, receive education, and utilize services.
At the core of this regulation is the concept of family unity, ensuring that families remain intact and are not divided due to any changes in immigration policy that may occur after Brexit.
Submitting a claim through this channel implies that you are aware of the eligibility network and have submitted a properly substantiated application. It is crucial to keep in mind that this case differs from general EU Settlement Scheme applications, as the regulations are more specific in this instance.
Eligibility Criteria
In case you are a non-EEA family member of a person from Northern Ireland who is eligible and the relationship with this person is your only one that existed before 31 December 2020, you can apply. Eligible relationships include:
- Spouse or civil partner
- Durable partner (unmarried but in a lasting relationship)
- Dependent child or grandchild
- Dependent parent or grandparent
Residency Conditions
The eligible person from Northern Ireland must have:
- I was born in Northern Ireland
- Had either British, Iris,h or dual nationality
- Not having utilized the free movement rights in an EEA country
- Been ordinarily resident in the UK
Application Steps
- Check the eligibility: Confirm that your relationship fits the criteria and that it existed before the end of the Brexit transition period.
- Documentation: Get evidence of your identity, residence, and relationship.
- Online application submission: Follow the UK government portal for family permits under the EU Settlement Scheme.
- Biometrics enrollment: Please proceed to provide your fingerprints and take your photograph.
- Decision reception time: Usually, the time period for issuing most decisions is within several weeks, depending on the case’s complexity.
Depending on which side you’re applying from, the process can vary only slightly. Typically, people from abroad apply for a family permit, whereas those in the UK apply directly for settled or pre-settled status.
Applicants must be truthful and consistent in their statements. An application that is done with care and consideration will have fewer problems in the process.
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At Immigration Solicitors UK (ISUK), we have a team of experts who can provide exceptional assistance to those seeking to settle as family members of eligible persons in Northern Ireland. Our experienced legal team ensures that you have fulfilled all the requirements and addresses any relationship or documentation issues with you.
We are with you all the way, holding your hand throughout the document verification, application filling, and submission process. If your request is rejected, we will also be available to assist you during administrative revisions or if you wish to reapply.
We are committed to helping families get back on track while also protecting your immigration status in accordance with UK law. A detailed understanding of this type of route’s intricate conditions enables us to represent you with utmost honesty, transparency, and professionalism.
In case you are a person from outside the EEA who is related to a person of Northern Ireland and your relationship was established before 31 December 2020, you will be eligible for a grant of residence. The main extents of such family include legally married or cohabiting spouses, children, and dependent relatives.
The eligible person of Northern Ireland should be in the UK and must not have exercised EU free movement rights in another country. This route guarantees that family life will be maintained for those affected by Brexit. The process of filing your application is done online, and those who are successful will be given the right to reside, work, and study in the UK.
The most important thing is that you must submit your application on time and include the correct supporting documents.
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To support their application, applicants must provide a complete set of documents. Generally, the following are the required ones:
- Valid passport or national ID card: To prove your identity
- Proof of relationship: For example, a marriage certificate, a birth certificate, or evidence of a durable relationship
- Evidence of residency: Documents showing that the eligible person of Northern Ireland resides in the UK
- Proof of the eligible person’s status: British, Irish, or dual nationality documents, along with confirmation that they were born in Northern Ireland
- Documentation showing that the eligible person did not exercise EU free movement rights: This may include residence history or evidence of continuous stay in the UK
- Proof of dependency: If applying as a dependent parent or grandparent, include financial records, letters from healthcare professionals, or housing documents
- Biometric information: You must attend a biometric appointment to provide fingerprints and a photograph
Every piece of documentation must be current, clear, and, where necessary, accompanied by a job of a certified English translator. Negligence or no evidence can cause delay or rejection.
It is essential to obtain legal support to ensure that all documents are in order and your case is presented effectively.
Applicants typically err in such a way that not only delay their applications but also compromise them:
- Submitting identification documents that are expired or incorrect.
- There is no evidence to suggest that the relationship existed before 31 December 2020.
- Introducing inadequate statements that the eligible person is residing in the UK.
- Leaving out the evidence of the person from Northern Ireland, the decision not to exercise free movement rights has been made.
- Giving information that is inconsistent or contradictory in the documents.
Such practical steps can be taken by using a qualified solicitor specializing in immigration law, who can file the straightforward application, or by ensuring that the necessary criteria are subsequently met.
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Under the EU Settlement Scheme, joining a person from Northern Ireland makes it possible for you to not only reunite with your family member but also to secure legal residence in the UK.
Common Eligible Relationships
- Spouse or civil partner
- Unmarried partner in a durable relationship
- Child under 21
- Dependent child over 21
- Dependent parent or grandparent
Key Requirements
- The eligible person must be born in Northern Ireland
- They must not have exercised free movement rights
- Your relationship must have existed before 31 December 2020
Legal assistance ensures that your application is accurate, based on evidence, and complies with the Home Office’s requirements.
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The evidence must firmly establish the claimed relationship, the person’s residency, and the question of whether the person is from Northern Ireland. Typical examples are:
- Joint tenancy agreements or utility bills
- Financial records proving dependency
- Photos, travel records, or communication logs for unmarried partners
- Proof of the eligible person’s nationality and birth in Northern Ireland
- The UK residence history of the eligible person
All such evidence must be verifiable, and if the original language is not English, it must be translated into English by a certified translator.
Processing times may differ, but general durations are as follows:
- Family permit applications (outside UK): 8 to 12 weeks
- EU Settlement Scheme applications (inside the UK): 4 to 8 weeks
Nonetheless, missing paperwork or complex relationships can slow down the process. Therefore, it is wise to fill out your application form as soon as possible and stay where you are until it gets accepted.
Engaging legal support can prevent errors, and consequently, the decision can be made more rapidly and smoothly.
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Applying for an EU Settlement Scheme Family Member Permit
The UK Government’s visa and immigration service is an online platform for making an application for a Family Member Permit. Assuming you are applying from abroad, a permit to enter the UK will be the first thing you receive. When there, you have the option to apply for the EU Settlement Scheme’s pre-settled or settled status.
Those who are domiciled in the UK can apply directly for leave under the scheme; however, supporting documents must be submitted digitally, and biometric information must be provided. The submission must be timely and accurate, or else it cannot be accepted.
We cannot stress enough the importance of seeking legal assistance, especially when a family is complicated or one has an immigration history.
FAQ
Frequently Asked Questions
Who is considered an eligible person of Northern Ireland?
A person who was born in Northern Ireland and has British, Irish, or dual citizenship, plus one parent who at birth was a British, Irish, or dual citizen.
What if our relationship started after 31 December 2020 Can I still apply?
No, for it to qualify under the scheme, the relationship has to have existed before this deadline.
Is there any cost to apply?
No, applications under the EU Settlement Scheme are free of charge.
What will happen if my application gets rejected?
You can request an administrative review or submit a new application with more compelling evidence.
Is it possible to include my children in my application?
Yes, however, each child must have a separate application and paperwork.
Am I allowed to work in the UK if I am given the status?
Yes, having a pre-settled or settled status means you are entitled to live, work, and study in the UK.
