EU Family Permit UK Guide

The EU Settlement Scheme (EUSS) Family Permit is a UK immigration route that allows certain non-UK family members of eligible EEA or Swiss citizens to travel to and enter the UK. It replaced the former EEA Family Permit following the UK’s departure from the EU and the end of the Brexit transition period. While the route remains available, it is subject to strict eligibility rules that reflect the UK’s post-Brexit immigration framework and the Withdrawal Agreement.

The permit is granted for up to six months and is generally used by family members living outside the UK who wish to join or accompany their EEA/Swiss relative in the UK. Once in the UK, successful applicants can apply to the EU Settlement Scheme for pre-settled or settled status, which provides long-term residence rights. The family permit is not an immigration category in itself but acts as an entry clearance facilitating the holder’s ability to reside in the UK under the EUSS.

This route is designed to protect the rights of those whose family relationships existed before the UK left the EU, ensuring they can continue to live together in the UK. Children born or adopted after 31 December 2020 may still qualify if they meet the EUSS rules. However, the criteria are specific and time-limited. The EUSS Family Permit also plays a key role for those using the ‘Surinder Singh’ route — British citizens returning to the UK after exercising EU free movement rights in another EEA country can apply to bring certain family members with them under similar conditions, but only if they returned to the UK by 29 March 2022.

What this article is about:
This guide provides a detailed explanation of the EU Settlement Scheme Family Permit, including who can apply, the eligibility criteria, the application process, and what happens after arrival in the UK. It also covers the legal framework, relevant documents, and the rights and restrictions associated with the permit. By the end, readers will understand how the permit works, its role in the post-Brexit immigration system, and the practical steps needed for a successful application.

Section A: Understanding the EU Family Permit

The EU Settlement Scheme Family Permit is an entry clearance route that plays a transitional but crucial role in the UK’s immigration system post-Brexit. While the UK has moved to a fully domestic points-based immigration system, the EUSS Family Permit remains a route for certain family members of eligible EEA and Swiss citizens to enter the UK, reflecting commitments made under the Withdrawal Agreement. It is intended for individuals who are outside the UK and wish to join or accompany their EEA/Swiss relative, enabling them to enter and subsequently apply to remain under the EU Settlement Scheme.

1. What the EU Family Permit Is

The EU Settlement Scheme (EUSS) Family Permit is set out under Appendix EU (Family Permit) of the UK Immigration Rules. It is a non-fee-based application granting a visa vignette valid for six months, allowing the holder to enter the UK. On arrival, the permit holder is expected to apply to the EU Settlement Scheme for either pre-settled status (limited leave to remain) or, where eligible, settled status (indefinite leave to remain).

This permit replaced the previous EEA Family Permit, which was based on EU free movement law. The EEA Family Permit closed to new applications on 30 June 2021, but the EUSS Family Permit continues to operate for those who qualify under post-Brexit rules. Importantly, the EUSS Family Permit does not lead directly to settlement; instead, it is an interim permission to enter, bridging the gap between overseas residence and UK-based residence rights under the EUSS.

2. Who Can Apply

The EUSS Family Permit is available to “family members” of an EEA or Swiss citizen who was living in the UK before the end of the Brexit transition period on 31 December 2020. Eligible family members include:

• Direct family members: spouses, civil partners, unmarried partners in a durable relationship, children and grandchildren under 21, dependent children and grandchildren over 21, and dependent parents or grandparents.
• Extended family members: such as durable partners not yet recognised under the EUSS, or other dependent relatives, but in practice this is now extremely limited to those who held a relevant document issued under the EEA Regulations 2016 before the end of the transition period.
• Surinder Singh route applicants: certain family members of a British citizen returning to the UK after living together in another EEA country, where the British citizen exercised EU free movement rights before returning, provided they returned to the UK by 29 March 2022.

Eligibility often hinges on the family relationship existing before 31 December 2020. Children born or adopted after this date may also qualify if they meet the EUSS eligibility rules.

3. Why It Matters

Holding a valid EUSS Family Permit ensures that a non-UK family member can enter the UK without risk of being refused entry at the border. It confirms that the UK Home Office has already recognised the applicant’s eligibility under the Withdrawal Agreement, which can reduce delays and complications at ports of entry.

The permit also serves as the essential first step for those who intend to settle in the UK under the EUSS, as it allows them to travel, reside temporarily, work, and then make an in-country application for pre-settled or settled status.

Section A Summary
The EU Settlement Scheme Family Permit is a transitional entry clearance route, designed to safeguard the rights of certain family members of EEA and Swiss citizens in the post-Brexit era. It is legally distinct from the now-closed EEA Family Permit but serves a similar bridging function, enabling overseas family members to join their relatives in the UK before securing their immigration status under the EUSS. Understanding who can apply and the legal purpose of the permit is fundamental to navigating the process successfully.

Section B: Eligibility Criteria

The eligibility requirements for the EU Settlement Scheme (EUSS) Family Permit are tightly defined under Appendix EU (Family Permit) to the UK Immigration Rules. Applicants must not only prove their family relationship to a qualifying EEA or Swiss citizen but also demonstrate that the family member meets the conditions of the Withdrawal Agreement. These criteria are designed to ensure that only those whose rights were established before the end of the Brexit transition period are eligible.

1. Relationship Requirements

Applicants must be related to the qualifying EEA or Swiss citizen in one of the recognised categories:

• Spouse or civil partner – marriage or civil partnership must have been contracted before 31 December 2020, except in cases where there are compelling reasons.
• Durable partner – must have held, or applied for, a relevant document under the EEA Regulations 2016 before 31 December 2020 (unless there are exceptional circumstances) and provide evidence of a genuine and subsisting relationship akin to marriage.
• Child or grandchild under 21 – no need to show dependency.
• Dependent child or grandchild over 21 – must prove financial or other dependency on the EEA/Swiss family member.
• Dependent parent or grandparent – must prove dependency.

The Home Office requires clear documentary evidence, such as marriage or birth certificates, adoption papers, tenancy agreements, or bank transfers showing dependency. For durable partners, joint financial commitments and proof of living together are often crucial.

2. Status of the EEA/Swiss Family Member

The EEA or Swiss citizen (the “sponsor”) must:

• Have been resident in the UK before 31 December 2020, in accordance with the residence rules under the EUSS (certain absences are permitted without breaking residence continuity).
• Have settled or pre-settled status under the EU Settlement Scheme, or be eligible for it but not yet applied.

This requirement also applies to the family members of a British citizen using the Surinder Singh route — the British citizen must have lived in an EEA country with the family member before returning to the UK, have exercised EU free movement rights there, and have returned to the UK by 29 March 2022.

3. Other Eligibility Factors

Applicants must:

• Be outside the UK at the time of applying.
• Not have serious criminal convictions or pose a security risk.
• Be able to travel to the UK within the six-month validity period of the permit.

There is no English language or financial requirement for the EUSS Family Permit, but the applicant must still show that the relationship is genuine and that they intend to live together in the UK.

Section B Summary
To qualify for an EU Settlement Scheme Family Permit, an applicant must have a recognised family relationship with a qualifying EEA/Swiss citizen (or a British citizen under the Surinder Singh provisions) and the family member must meet strict residence and status requirements linked to the pre-Brexit period. Documentary evidence proving the relationship and eligibility is essential, and applications will fail if these requirements are not met in full.

Section C: Application Process

Applying for the EU Settlement Scheme (EUSS) Family Permit involves an online application made from outside the UK, supported by documentary evidence and, in most cases, a biometric appointment. Although the application is free of charge, it requires careful preparation to ensure all eligibility criteria are met and the correct evidence is provided. Missing or incomplete documents are one of the most common causes of refusal, so understanding the process in detail is essential.

1. How to Apply

Applications must be made online through the official GOV.UK portal for the EUSS Family Permit. The applicant will need to create an account, complete the relevant forms, and upload documents either directly online or via a commercial scanning service where applicable.

Key points:

• Applications can only be made from outside the UK.
• Each family member must submit a separate application, even if travelling together.
• The application form will ask detailed questions about the applicant’s personal details, relationship to the EEA/Swiss family member, and the family member’s UK residence history.

2. Documents Required

The documents you provide must prove:

• Identity – valid passport or national identity card.
• Relationship – marriage or civil partnership certificate, birth certificate, or evidence of a durable partnership (joint financial records, tenancy agreements, photographs).
• Sponsor’s eligibility – proof the EEA/Swiss family member was resident in the UK before 31 December 2020 (e.g. utility bills, tenancy agreements, payslips) and evidence of their pre-settled or settled status (e.g. a share code).
• Dependency (if applicable) – financial documents such as money transfer receipts, bank statements, or medical reports.

All documents not in English or Welsh must be accompanied by a certified translation. Applicants relying on durable partner or extended family member status should ensure they submit evidence of having held a relevant document before the end of the transition period, unless an exemption applies.

3. Fees and Processing Times

There is no fee for applying for an EUSS Family Permit. Processing times can vary, but applicants are generally advised to allow several weeks to several months for a decision, depending on case complexity and Home Office workload.

4. Biometric Appointment

Most applicants must attend a biometric appointment to provide fingerprints and a facial photograph. This is booked via the Visa Application Centre (VAC) system after submitting the online form. The biometric data is linked to the permit vignette placed in the applicant’s passport.

Applicants may also be asked to attend an interview if the Home Office requires clarification on any part of the application.

Section C Summary
The EUSS Family Permit application process is straightforward in structure but requires precision in preparation. Applications are made online, free of charge, and supported by clear documentary evidence proving both the family relationship and the sponsor’s eligibility. Biometric enrolment is usually required before the Home Office issues the six-month entry clearance, making thorough preparation critical to avoid delays or refusals.

Section D: Rights, Conditions & After Arrival

Once granted, the EU Settlement Scheme (EUSS) Family Permit allows the holder to enter the UK and enjoy certain rights during its six-month validity. However, it is only an entry clearance — not a form of settlement — and holders must take further steps to secure their long-term immigration status in the UK. Understanding the rights attached to the permit, the conditions of stay, and the necessary actions after arrival is vital for ensuring lawful residence and maintaining access to work, study, and public services.

1. Conditions of Stay

The EUSS Family Permit grants permission to enter and reside in the UK for up to six months from the date of issue. During this period, the holder can:

• Work in the UK without restrictions.
• Study at any level.
• Travel in and out of the UK freely while the permit is valid.

There are no conditions requiring the holder to maintain employment or avoid accessing public funds during the permit’s validity. However, this period is intended as a bridge to applying under the EU Settlement Scheme, not as a long-term residence solution.

2. Applying for Status Under the EUSS

Permit holders must apply for pre-settled or settled status under the EUSS before their permit expires if they wish to remain in the UK beyond six months.

• Pre-settled status: granted for five years and available to those who have not yet reached five years’ continuous residence in the UK.
• Settled status: granted to those who have completed five years’ continuous qualifying residence.

The application is made online from within the UK, and supporting evidence may be required to prove ongoing residence and the qualifying relationship. Failing to apply before the permit expires will result in the loss of lawful status and could negatively affect future immigration applications.

3. Refusals and Appeals

If an EUSS Family Permit application is refused, the applicant may have a right of administrative review or appeal, depending on the basis of the refusal.

• Administrative review: available if the applicant believes the Home Office made a casework error.
• Appeal: available in certain cases under the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020, particularly where rights under the Withdrawal Agreement are in question.

Applicants should note that appeals can take several months and that a fresh application may sometimes be quicker, provided the reasons for the original refusal have been addressed.

Section D Summary
The EUSS Family Permit offers important short-term rights, including the ability to work and study in the UK, but it is only the first step towards long-term settlement. To remain lawfully in the UK, holders must apply under the EU Settlement Scheme before the permit expires. Understanding both the rights granted and the obligations to apply for further status is essential for maintaining lawful residence and avoiding future immigration issues.

FAQs

Is the EU Family Permit still available?

Yes, the EU Settlement Scheme Family Permit remains open for applications, but eligibility is limited to certain family members of qualifying EEA or Swiss citizens (and some British citizens under the Surinder Singh route) whose relationship existed before 31 December 2020. Children born or adopted after that date may also qualify in certain circumstances.

Can I apply for the EU Family Permit from within the UK?

No. The EUSS Family Permit is strictly an entry clearance route and must be applied for from outside the UK. Those already in the UK should consider making an application directly to the EU Settlement Scheme if eligible.

Do extended family members still qualify?

Some extended family members may still qualify, but in practice eligibility is now limited to those who held a relevant document under the EEA Regulations 2016 before the end of the transition period, unless there are exceptional circumstances.

How long does an EU Family Permit take to process?

Processing times vary widely. While some applications may be decided in a matter of weeks, others — especially complex cases involving extended family members — may take several months. Applicants should avoid making non-refundable travel arrangements until the permit is granted.

Can I travel freely in and out of the UK with a Family Permit?

Yes, the permit allows multiple entries during its six-month validity. However, it is designed to facilitate settlement in the UK, so repeated short visits without applying to the EUSS could raise questions about the applicant’s intentions.

Does the EU Family Permit guarantee settled status?

No. The permit simply enables entry to the UK; it does not automatically lead to pre-settled or settled status. Permit holders must apply separately to the EUSS after arriving in the UK to secure long-term residence rights.

Conclusion

The EU Settlement Scheme Family Permit continues to provide a vital route for certain family members of EEA and Swiss citizens, as well as some British citizens returning under the Surinder Singh provisions, to join their loved ones in the UK. While the scheme is rooted in the UK’s obligations under the Withdrawal Agreement, its criteria are tightly defined, and applications require careful preparation supported by clear evidence.

By understanding who qualifies, the application process, and the rights and responsibilities after arrival, applicants can maximise their chances of a smooth transition into life in the UK. The Family Permit is not an end in itself but a gateway to applying for status under the EU Settlement Scheme, which offers the stability of long-term residence rights in a post-Brexit immigration landscape.

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Gill Laing

Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law. Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing & Content Agency for the Professional Services Sector.

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