EUSS FAMILY PERMIT

1. What Is an EU Settlement Scheme Family Permit?

The EU Settlement Scheme (EUSS) Family Permit is available to eligible family members who are not British citizens who wish to travel to and enter the UK in order to join or accompany a close family member who is a relevant EEA citizen.

EU Settlement Scheme Family Permits are also available to eligible family members who are not British citizens who wish to join or accompany a close family member who is an eligible person of Northern Ireland, a relevant naturalised British citizen, or another relevant dual British/EEA or Swiss citizen under Appendix EU (Family Permit). The route for family members of qualifying British citizens who lived with that British citizen in the EEA or Switzerland before returning to the UK is now closed to new applications, subject to the transitional position for applications made before 9 August 2023.

This guide is for non-British family members of relevant EEA citizens, eligible persons of Northern Ireland and other qualifying sponsors who wish to apply for an EUSS Family Permit to travel to and enter the UK. It explains the main eligibility requirements, evidence, application process, post-arrival EU Settlement Scheme steps and options following a refusal.

2. Who Can Sponsor an EU Settlement Scheme Family Permit Application?

A sponsor may fall within a number of categories under Appendix EU (Family Permit), including a relevant EEA citizen or another qualifying sponsor category. Depending on the facts, this may include:

• EEA or Swiss nationals who have been granted ‘pre-settled’ status or ‘settled’ status under the EU Settlement Scheme, or where the decision-maker is satisfied from available information at the date of decision that they have been granted such status, provided that status has not lapsed or been cancelled, curtailed, revoked or invalidated;
• Irish citizens who meet the criteria for ‘pre-settled’ or ‘settled’ status under the EU Settlement Scheme. They do not need to apply to the EU Settlement Scheme , although they may do so;
• Eligible persons of Northern Ireland, meaning persons who have British, Irish or dual British and Irish citizenship, were born in Northern Ireland and have at least one parent who held British, Irish or dual citizenship, or without any restriction on their period of residence, at the time of their birth, who have settled or pre-settled status, or who can show that they would have met the EU Settlement Scheme criteria if they had applied, or been able to apply, by the relevant deadline;
• British citizens who also have EEA or Swiss citizenship and who lived in the UK as an EEA or Swiss citizen before gaining British citizenship (Lounes cases);
• Certain dual British/EEA or Swiss citizens who settled in the UK before 16 July 2012 without using free movement rights (McCarthy cases);
• EEA or Swiss nationals who are frontier workers;
• EEA or Swiss nationals who are exempt from immigration control and would otherwise meet the relevant EU Settlement Scheme criteria.

3. Requirements for an EU Settlement Scheme Family Permit

In order to qualify for an EU Settlement Scheme Family Permit you will need to satisfy UK Visas & Immigration that:

• You are not a British citizen;
• You are the family member of a relevant EEA citizen, usually an EEA or Swiss citizen with settled or pre-settled status under the EU Settlement Scheme, or a person who otherwise meets the relevant Appendix EU (Family Permit) definition;
• The relevant EEA citizen is resident in the UK or will travel to the UK with you within 6 months of the date of application, and you will be accompanying the relevant EEA citizen to the UK or joining them in the UK within 6 months of the date of application;
• Your family relationship began by 31 December 2020, unless a specific exception applies, for example for certain children born or adopted after that date or specified spouses or civil partners of Swiss citizens.

Where you apply on or after 8 April 2026 as a family member of a relevant EEA citizen, you must provide the specified sponsor evidence required by Appendix EU (Family Permit), including evidence of the sponsor’s status or qualification and evidence of the family relationship relied on.

4. Family Members of Relevant EEA Citizens

The following family members of relevant EEA citizens may be eligible to apply for an EUSS Family Permit:

• Spouse of a relevant EEA citizen;
• Civil partner of a relevant EEA citizen;
• Durable partner of a relevant EEA citizen;
• Child, grandchild or great-grandchild of a relevant EEA citizen or of their spouse or civil partner;
• Dependent parent, grandparent or great-grandparent of the relevant EEA citizen or of their spouse or civil partner.

You will need to demonstrate that your relationship existed by 31 December 2020, unless a specific exception applies, such as a child born or adopted after that date or a specified spouse or civil partner of a Swiss citizen.

Some applicants may also need to consider whether they have retained a right of residence. This may be relevant where the applicant was previously living in the UK with an eligible family member before 31 December 2020, but the family member has died, left the UK, or the relevant family relationship has ended, for example following divorce, dissolution of a civil partnership or domestic abuse. The evidence required will depend on the basis relied on and may include evidence of residence in the UK, the previous family relationship, the circumstances in which the relationship ended, and any continuing basis on which the retained right is claimed. 

5. Family Members of British Citizens: Surinder Singh and Zambrano Applications

On 11:59pm on 8 August 2023, the EUSS Family Permit closed to new applications by family members of a qualifying British citizen on their return to the UK having exercised free movement rights in the EEA or Switzerland (known as the ‘Surinder Singh’route) and to primary carers of a British citizen (known as the ‘Zambrano’ route). Applicants considering these routes now will generally need to consider the family Immigration rules applicable to others instead.

Applications made before 9 August 2023 will still be considered. Applicants who already hold pre-settled status as Surinder Singh or Zambrano applicants can apply to switch to settled status. A person who entered the UK with an EUSS Family Permit as a family member of a qualifying British citizen may still be able to apply to the EU Settlement Scheme, subject to the applicable deadline or reasonable grounds for delay.

6. What If You Are Not Eligible for an EUSS Family Permit?

If you do not meet the requirements of Appendix EU (Family Permit), you may need to consider whether another UK immigration route is available. The appropriate route will depend on the family relationship relied on, the sponsor’s nationality and immigration status, where the sponsor is living, and the purpose and length of the proposed stay in the UK.

In some cases, the family Immigration Rules may be more appropriate, for example where the applicant is seeking to join a British citizen, settled person or other qualifying sponsor in the UK as a partner, child, parent or dependent relative. In other cases, a work, study or other immigration route may need to be considered.

The Visitor route should be approached with care. It may be suitable for a temporary visit to the UK, but it will not usually be appropriate where the applicant intends to live in the UK, settle in the UK, or use repeated visits as a way of making the UK their main home.

Where EUSS eligibility is uncertain, applicants should take advice before applying. A refusal under Appendix EU (Family Permit) may delay travel and may also make it more important to explain the immigration history carefully in any later application.

7. Evidence Required for an EU Settlement Scheme Family Permit Application

The evidence required for an EU Settlement Scheme Family Permit application will depend on the basis of the application and the family relationship relied on. Applicants should usually expect to provide evidence of their identity and nationality, such as a valid passport or, where applicable, a valid national identity card, together with any biometric information required by the online application process.

The application should also include evidence that the sponsor falls within the relevant category under Appendix EU (Family Permit). Where the sponsor has settled status or pre-settled status under the EU Settlement Scheme, this will usually include the Home Office reference number or other evidence requested in the application form. Where the sponsor relies on another relevant category, such as an eligible person of Northern Ireland, a relevant naturalised British citizen, another relevant dual British/EEA or Swiss citizen, a frontier worker or a person exempt from immigration control, the evidence required will depend on that category.

Applicants will also need to provide evidence of the family relationship relied on. This may include marriage or civil partnership certificates, birth or adoption certificates, or other documents showing the relationship. Where dependency or a durable partnership is relevant, the evidence should address that requirement directly, for example through financial records, evidence of personal care needs, cohabitation evidence, joint responsibilities or other documents showing the nature and history of the relationship.

Any documents not in English or Welsh should be accompanied by a certified translation. Names, dates, addresses and relationship details should be checked carefully across the application form and supporting documents, as unexplained inconsistencies can cause delay or refusal. Before referring to specified sponsor evidence, applicants should check the current version of Appendix EU (Family Permit) and the latest Home Office guidance, as the required evidence differs according to the sponsor category and the date of application.

8. Evidence by Family Member Category

The type of relationship evidence required will depend on the family member category relied on. In all cases, applicants should consider both the nature of the relationship and the date on which it began, as most family relationships must have existed by 31 December 2020 unless a specific exception applies.

Where dependency or durability is part of the relevant family member definition, the supporting evidence should address that requirement directly. It will not usually be enough simply to show that the family relationship exists. The evidence should be consistent with the application form, the sponsor’s details and any documents already issued under the EEA Regulations or the EU Settlement Scheme.

9. EUSS Family Permit or EEA Family Permit?

The EEA Family Permit route is now closed and new applications cannot be submitted. EEA Family Permits ceased to be valid for travel to the UK after 30 June 2021. Those who are eligible should instead submit applications for EUSS Family Permits.

Pending valid EEA Family Permit applications and appeals are subject to the post-30 June 2021 saving and transitional arrangements. Home Office guidance confirms that valid EEA Family Permit applications from extended family members, other than durable partners, made by 31 December 2020, and from direct family members and durable partners made by 30 June 2021, should continue to be decided. In relevant cases, the application should be considered against the EUSS Family Permit requirements as well as the EEA Family Permit requirements.

10. How to Apply for an EU Settlement Scheme Family Permit

Applications for an EU Settlement Scheme Family Permit can only be made from outside the UK. Applications must be made online using the required application process.

In some cases, an applicant may need to consider whether to apply for an EU Settlement Scheme Family Permit or apply directly to the EU Settlement Scheme from outside the UK. An EUSS Family Permit is an entry clearance document which allows an eligible family member to travel to and enter the UK. A direct application to the EU Settlement Scheme from outside the UK is different: if successful, it grants status under the EU Settlement Scheme rather than a temporary family permit. Whether a direct overseas EUSS application is available will depend on the applicant’s eligibility, their identity document, the application process available to them and the evidence required. Applicants should seek legal advice before deciding which application to make.

11. When Should You Apply for an EUSS Family Permit?

Applications for an EU Settlement Scheme Family Permit must be made online from outside the UK. Applicants should plan the timing of the application by reference to both the sponsor’s position and their intended travel date.

In most cases, the relevant EEA citizen or other qualifying sponsor must be resident in the UK, or travelling to the UK with the applicant within 6 months of the date of application. The applicant must also be accompanying the sponsor to the UK, or joining them in the UK, within that period, unless a specific exception applies.

An EUSS Family Permit is time-limited and will normally be valid for 6 months from the date of decision. Applying too early may mean that the permit is granted before travel arrangements are ready. Applying too late may cause practical difficulties if travel is imminent or if further evidence is requested.

Applicants should also consider the next stage before applying. A joining family member who wishes to stay in the UK after arrival will usually need to apply to the EU Settlement Scheme after arrival. In most cases, this should be done within 3 months of arriving in the UK. Where the applicant arrived with more than 3 months’ validity remaining on an EUSS Family Permit, the deadline will usually be before the expiry of the leave to enter granted on arrival, provided that leave has not been cancelled, curtailed or invalidated. If the deadline has been missed, reasonable grounds for delay will need to be addressed. For that reason, the timing of the family permit application, travel to the UK and the later EU Settlement Scheme application should be considered together.

An application should not normally be submitted until the identity evidence, sponsor evidence, relationship evidence and any required dependency or durable partnership evidence are complete and consistent.

12. Application Fee for an EUSS Family Permit

The Home Office does not charge an application fee for an EU Settlement Scheme Family Permit.

Applicants for EUSS Family Permits are also not required to pay the Immigration Health Surcharge.

13. Validity Period of an EU Settlement Scheme Family Permit

Your EU Settlement Scheme family permit will be valid for 6 months from the date of decision on your application.

14. What Can You Do With an EU Settlement Scheme Family Permit?

An EU Settlement Scheme Family Permit is an entry clearance document. It allows an eligible family member to travel to and enter the UK in order to join or accompany their relevant EEA citizen or other qualifying sponsor.

While the family permit is valid, it may be used to enter and leave the UK. It also allows the holder to work or study in the UK during its validity. However, an EUSS Family Permit is not the same as pre-settled or settled status under the EU Settlement Scheme.

A joining family member who wishes to remain in the UK beyond the validity of the family permit will usually need to apply to the EU Settlement Scheme after arrival, if eligible. The post-arrival deadline is important and is considered further below.

15. Staying in the UK: Applying to the EU Settlement Scheme After Arrival

An EU Settlement Scheme Family Permit allows an eligible joining family member to travel to and enter the UK. It does not, by itself, grant pre-settled status or settled status under the EU Settlement Scheme.

If you wish to remain in the UK beyond the validity of your family permit, you will usually need to apply to the EU Settlement Scheme after arrival, provided you are eligible. In most cases, a joining family member should apply within 3 months of arriving in the UK. Where the applicant arrived with more than 3 months’ validity remaining on an EUSS Family Permit, the deadline will usually be before the expiry of the leave to enter granted on arrival, provided that leave has not been cancelled, curtailed or invalidated. If the deadline has been missed, reasonable grounds for delay will need to be addressed.

Evidence that was relevant to the family permit application may remain important when applying to the EU Settlement Scheme. This may include evidence of identity and nationality, the sponsor’s status or qualification, the family relationship relied on, the date of arrival in the UK and, where relevant, evidence of dependency or a durable partnership.

Where an application is made after the applicable deadline, the applicant should address the delay directly and provide supporting evidence of reasonable grounds. The explanation should be consistent with the applicant’s immigration history, travel history and any previous EU Settlement Scheme Family Permit application.

16. Common Reasons EUSS Family Permit Applications Are Refused or Rejected

An EU Settlement Scheme Family Permit application may be rejected as invalid where it has not been made using the required application process or where required evidence has not been provided. Applicants should check that they are applying under the correct route and that the application is made online from outside the UK.

Common issues include:

• Applying for an EUSS Family Permit when another immigration route is more appropriate, or attempting to apply from inside the UK;
• Failing to provide sufficient evidence that the sponsor has settled status or pre-settled status under the EU Settlement Scheme, or otherwise falls within a relevant sponsor category under Appendix EU (Family Permit);
• Providing incomplete or inconsistent evidence of the family relationship, such as missing certificates, unexplained differences in names or dates, or insufficient evidence linking the applicant to the sponsor;
• Failing to show that the family relationship began by the relevant date, usually 31 December 2020, unless a specific exception applies;
• Providing weak evidence of dependency or durable partnership where this is part of the relevant family member category;
• Failing to address relevant suitability or immigration history issues, including criminal convictions, deportation or exclusion decisions, previous adverse immigration decisions, allegations of deception, or concerns about false or misleading documents.

Where an application is refused, the refusal decision should be reviewed carefully to identify whether the issue is one of validity, eligibility, suitability, missing evidence or credibility. The appropriate response will depend on the facts and may involve submitting a fresh application with stronger evidence or considering whether there is a right of appeal or another legal remedy.

17. Challenging a Refusal of an EUSS Family Permit

If an EU Settlement Scheme Family Permit application is refused or rejected, the decision should be reviewed carefully before deciding what to do next. The first step is to identify whether the issue concerns validity, eligibility, evidence, suitability or another matter.

A rejection may indicate that the application was not validly made, for example because the required process was not followed or required evidence was missing. A refusal may concern the sponsor’s status, the family relationship relied on, the timing of the relationship, dependency, durable partnership evidence, or suitability concerns such as criminality, previous adverse immigration history or alleged deception.

Depending on the reasons for refusal, it may be appropriate to submit a fresh application with stronger evidence, challenge the decision by appeal where a right of appeal is available, or consider whether any other remedy applies. Administrative review is no longer available for new EU Settlement Scheme administrative review applications, although valid administrative review applications made before 4 April 2024 may continue to be considered.

Deadlines should be checked immediately. Where an appeal is available and the applicant is outside the UK, the appeal deadline is usually short. Applicants should take advice promptly, particularly where the refusal raises suitability issues, relationship credibility concerns or questions about whether the correct route was used.

18. Frequently Asked Questions: EU Settlement Scheme Family Permits