For many years, family members of European nationals living in the UK relied on a straightforward and familiar route to join their loved ones: the EEA family permit. It was a cornerstone of the UK's immigration system, rooted in the principles of EU freedom of movement. However, following the UK's departure from the European Union, this entire framework has changed, and it is crucial to understand that the old EEA Family Permit route is now closed to the vast majority of new applicants.
Searching for information online can be confusing, with much outdated advice still visible. It is essential to know that a new, more specific system is now in place. If you are the family member of an EU, EEA, or Swiss citizen residing in the UK, your pathway is now likely through the EU Settlement Scheme (EUSS) Family Permit. At Immigration Solicitors4me, we are experts in navigating these complex post-Brexit rules, and this guide will provide the clarity you need to understand the current landscape.
A Brief Farewell to the EEA Family Permit
The EEA family permit was a product of European law. It allowed family members of an EEA national who was "exercising treaty rights" in the UK (by working, studying, or being self-sufficient) to come and live with them. The system was relatively flexible and was based on the rights afforded to all citizens of the European Economic Area.
When the UK officially left the EU, it ceased to be part of the freedom of movement area. This meant the UK had to create its own domestic immigration system for European citizens and their families. The primary new system is the EU Settlement Scheme (EUSS), which was designed to grant UK immigration status to EU citizens who were already living in the UK by the key date of 31 December 2020. This fundamental shift is the reason the old permit system was closed, and its successor is now directly linked to the EUSS.
The Successor: Introducing the EUSS Family Permit
The EU Settlement Scheme Family Permit is the new route designed to allow eligible family members to travel to the UK to join or accompany their EU, EEA, or Swiss family member. However, the eligibility criteria are much narrower and more specific than the old system.
Who is the 'Sponsor' in the UK?
The European citizen you are joining in the UK must typically have been granted status under the EU Settlement Scheme. This means they must:
- Have started living in the UK on or before 31 December 2020.
- Hold either "pre-settled" or "settled" status under the EUSS.
Who Can Apply as a Family Member?
The relationship between you and your EU family member is critical, as is the date that relationship was formed. You can generally apply if your relationship began before 31 December 2020 and you are their:
- Spouse, civil partner, or unmarried partner.
- Dependent child or grandchild (under 21, or over 21 if dependent).
- Dependent parent or grandparent.
This cut-off date is the most significant change from the old EEA family permit system.
EUSS Family Permit vs. the Old EEA Family Permit: Key Differences
For those familiar with the old system, understanding the key differences is vital.
- Link to EUSS:The new permit is completely dependent on your family member having EUSS status. The old permit simply required the EEA national to be exercising their treaty rights.
- The Relationship Cut-Off Date:This is the most important distinction. Under the old rules, you could marry an EEA national in 2021 and apply for a permit. Under the new EUSS Family Permit rules, the relationship must generally have been established by the end of 2020.
- A Temporary Entry Permit:The EUSS Family Permit is only a short-term entry clearance, usually valid for 6 months. Upon arrival in the UK, you must then make your own application to the EU Settlement Scheme to secure your own pre-settled status. The old EEA family permit was a more direct route in itself.
What if My Relationship Started After 31 December 2020?
This is a critical question for many couples. If your relationship with an EU citizen in the UK (e.g., you got married or became a partner) began after the cut-off date of 31 December 2020, you cannot use the EUSS Family Permit route.
Instead, you must apply under the standard UK Immigration Rules for partners, which are detailed in Appendix FM. This is the same route that a partner of a British citizen would use. It involves meeting a strict financial requirement, an English language requirement, and other stringent criteria.
Navigating the Post-Brexit Rules with Immigration Solicitors4me
The post-Brexit immigration landscape is complex and unforgiving. Relying on old information about the EEA family permit can lead to wasted time, money, and a refused application. It is more important than ever to get expert, up-to-date legal advice.
At Immigration Solicitors4me, our team are specialists in the current immigration rules for family members of European nationals. We provide:
- A definitive eligibility assessmentbased on your sponsor's status and the date your relationship began.
- Expert guidanceon whether you should apply for an EUSS Family Permit or through the UK's partner visa route under Appendix FM.
- Meticulous preparationof your application to ensure it is flawless and meets all the requirements of the correct route.
- Clear adviceon the crucial next steps you must take upon arriving in the UK.
Clarity in a New Era of UK Immigration
The rules have changed permanently. The EEA family permit is now a relic of a past system, and the EUSS Family Permit is the new, more restrictive pathway for those with established family ties. Understanding which route you are eligible for is the first and most important step to successfully joining your family in the UK.
Don't let your future be decided by outdated information. Contact Immigration Solicitors4me today for an expert, up-to-date consultation on your specific circumstances.