EU settlement scheme family permit guidance and requirements 2019

EUSS family permit

In terms of Appendix EU (Family Permit), this guidance relates to EU Settlement Scheme (EUSS) Family Permit 2019 requirements for non-EEA family members. Accordingly, the post explains the purpose, procedure, eligibility and suitability requirements and processing time for a non-EEA spouse, civil partners, dependent child and parents to apply for EUSS family permit from outside the UK.

Moreover, for case processing and representation contact specialist UK immigration solicitors for appeals, administrative review, judicial review and reapplications.

What are the EUSS family permit requirements?

Apparently, from March 30, 2019, until the specified date (perhaps Dec 31, 2020!), a non-EEA family member of an EEA or Swiss citizen can apply for EU settlement scheme family permit for joining or accompanying to the UK under Appendix EU (Family Permit) to the Immigration Rules. However, the relevant EEA or Swiss citizen needs to have settled status or pre-settled status under the EU settlement scheme.

What is the meaning of ‘settled status’ for an EU citizen?

Quite clearly, for settled status in the UK, an EEA national needs to have indefinite leave to enter or ILR under the EU Settlement Scheme.

What is a pre-settled status for EU nationals in the UK?

If an EEA national gets a 5 years’ limited leave to enter or limited leave to remain in the UK under the EU Settlement Scheme, then  EEA/EU national have a pre-settled status in the UK.

What is the specified date for EU settlement scheme (EUSS) family permit?

Perhaps, the specified date means 11:00 pm on 31 December 2020. Perhaps, the date when the UK withdraws from the European Union with a Withdrawal Agreement. Or the date and time of withdrawal or such other date specified in Appendix EU (Family Permit) in due course.

How much is EUSS family permit fee?

In fact, there is no application fee for EU settlement scheme family for an entry clearance application from outside the UK. Moreover, applicants also do not need to pay the Immigration Health Charge.

What is the EU settlement scheme family permit processing time?

Perhaps, most of the EU settlement scheme family permit applications process within 3-6 weeks. However, due to documents verifications and interview of the applicant and that of the relevant EU national, it may take up to 12 weeks to decide an EU settlement scheme family permit application.

What is the purpose of the EUSS family permit?

In fact, a non-EEA family member can apply for an EU settlement scheme (EUSS) family permit from outside the UK without the required proof of entitlement to join/accompany the relevant EEA citizen in the UK. However, if any EEA or non-EEA family member of a relevant EEA citizen (or qualifying British citizen) have a required proof of entitlement then can directly apply for EU settlement scheme from outside the UK. Therefore, the EUSS family permit is for those non-EEA family members, who don’t have the required proof of entitlement for applying from outside the UK.

Is it still possible to apply for an EEA family permit?

Yes, presently, the EU settlement scheme (EUSS) family permit operates alongside the EEA family permit. Certainly, the EEA family permit continues to remain a separate entry clearance route for non-EEA family members.
Please note the EEA family permit provides for entry into the UK of a non-EEA citizen family member of an EEA or Swiss citizen who is exercising Treaty rights, as implemented in UK law through the Immigration (European Economic Area) Regulations 2016 (the EEA Regulations).

Who is eligible for an EEA family permit but not for EUSS family permit?

Apparently, the following types of non-EEA family members of EEA nationals are eligible for the EEA family permit but are not eligible for the EUSS family permit:
1. extended family members as defined in the EEA Regulations such as durable partners and dependent relatives
2. persons with a derivative right of residence in the UK. For instance, Chen, Ibrahim and Teixeira and Zambrano cases
3. persons who have lived with a British citizen exercising EU Treaty rights in another EEA country before returning to the UK to live i.e. Surinder Singh cases
4. persons whose EEA or Swiss citizen family member has not been granted leave under the EU Settlement Scheme (EUSS)

What is the validity period of a EUSS family permit?

In fact, an EU settlement scheme family permit is valid for 6 months from the date of the decision on the application. Accordingly, a non-EEA family member can enter or leave the UK on multiple occasions during the validity period.

How to get the EUSS family permit?

Certainly, a non-EEA family member of an EU citizen will get an EU settlement scheme (EUSS) family permit, if he/she:
1. makes a valid application
2. meets the eligibility requirements
3. is not refused on suitability grounds

How to make a valid EUSS family permit application?

A non-EEA national can make a valid application for an EU settlement scheme family permit by:
1. following the required process
2. giving proof of identity and nationality
3. giving biometrics at the visa application centre

How is the required application process?

Apparently, the required application process is to use the on-line application form for EU settlement scheme family permit. And to follow the relevant process set out in the online form for providing the proof of identity and nationality. And also for providing the biometrics at the visa application centre.

What is the required proof of identity and nationality?

Certainly, the required proof of identity and nationality is a valid passport. Accordingly, the passport must be genuine and not expired or cancelled or invalidated. Therefore, an applicant needs to present and submit a valid passport at the visa application centre.

What is the meaning of biometrics for EUSS family permit?

Quite clearly, an applicant needs to provide the biometrics at the relevant visa application centre. Apparently, this means a facial photograph and fingerprints of an EU settlement scheme family permit applicant in terms of section 15 of the UK Borders Act 2007.

What is an invalid EUSS family permit application?

If an applicant does not meet the criteria of a valid application then the application gets rejected as invalid under rule FP5 of Appendix EU.

What are the eligibility requirements for EUSS family permit?

For making an eligible application for EU settlement scheme family permit, an applicant needs to meet the requirements under rule FP6 of Appendix EU (Family Permit). Accordingly, an EU settlement scheme family permit applicant needs to satisfy that he/she:
1. is a non-EEA citizen
2. is a family member of a relevant EEA citizen
3. will be accompanying or joining the relevant EEA citizen in the UK. 4. And the relevant EEA citizen is either resident in the UK or will be travelling to the UK within 6 months of the date of application
is not the spouse or civil partner of a relevant EEA citizen, where a spouse or civil partner of the applicant or that of the relevant EEA citizen has been granted a EUSS family permit or holds a valid EEA family permit or a durable partner of the relevant EEA citizen holds a valid EEA family permit

Who is an EEA citizen for EU settlement scheme family permit?

Apparently, Annex 1 of Appendix EU (Family Permit), defines an EEA citizen as a person who (unless is a relevant naturalised British citizen) is not a British citizen and is a national of:
1. Austria
2. Belgium
3. Bulgaria
4. Croatia
5. Republic of Cyprus
6. Czech Republic
7. Denmark
8. Estonia
9. Finland
10. France
11. Germany
12. Greece
13. Hungary
14. Iceland
15. Ireland
16. Italy
17. Latvia
18. Liechtenstein
19. Lithuania
20. Luxembourg
21. Malta
22. Netherlands
23. Norway
24. Poland
25. Portugal
26. Romania
27. Slovakia
28. Slovenia
29. Spain
30. Sweden
31. Switzerland

Who is a relevant EEA citizen for EU settlement scheme family permit?

Apparently, Annex 1 of Appendix EU defines a relevant EEA citizen as an EEA citizen who has been granted indefinite leave to enter or remain or limited leave to enter or remain under Appendix EU (or under its equivalent in the Islands), which has not lapsed or been cancelled, curtailed or revoked and is evidenced by the Home Office reference number for that grant of leave (or by the equivalent evidence in the Islands).
Accordingly, an EU settlement scheme family permit applicant needs to satisfy that:
1. the relevant EEA citizen is either resident in the UK or will be travelling to the UK within 6 months of the date of application and
2. the applicant will be accompanying the relevant EEA citizen to the UK or joining him/her in the UK

What is the meaning of the immigration status of the relevant EU citizen?

For the purpose of the EU settlement scheme family permit, the immigration status of the relevant EU citizen means:
1. indefinite or limited leave to enter or remain in the UK or the Islands under or outside the relevant Immigration Rules
2. exemption from immigration control
3. the entitlement to reside in the UK or the right of permanent residence in the UK under regulations 13 to 15 of the EEA Regulations
4. the entitlement to reside in the Islands or the right of permanent residence in the Islands through the application thereof section 7(1) of the Immigration Act 1988 or under the Immigration (European Economic Area) Regulations of the Isle of Man
Accordingly, if there is reasonable doubt about the authenticity of the evidence i.e. copy of the immigration status of the relevant EU national, then the assessing officer may ask for the original document.

Who is a relevant naturalised British citizen for EUSS family permit?

A ‘relevant naturalised British citizen’ is a dual British and EEA citizen who exercised free movement rights in the UK prior to the acquisition of British citizenship and who retained their EEA nationality of origin after acquiring British citizenship. This reflects the Court of Justice of the European Union judgment in Lounes. Accordingly, such a person is a ‘relevant EEA citizen’ as defined in Annex 1 of Appendix EU (Family Permit), where they have been granted leave under the EUSS, which has not lapsed or been cancelled, curtailed or revoked.

Who is a non-EEA citizen?

Apparently, in terms of Appendix EU, a non-EEA citizen is a person who is neither an EEA nor a British citizen.

What is a relevant document under Appendix EU?

The Annex 1 of Appendix EU (Family Permit) defines a relevant document such as a family permit, residence card or permanent residence card which:
1. was issued by the UK under the EEA Regulations (or is the equivalent document or other evidence issued by the Islands under the relevant legislation there evidencing the entitlement to enter or reside in the Islands or the right of permanent residence in the Islands through the application thereof section 7(1) of the Immigration Act 1988 or under the Immigration (European Economic Area) Regulations of the Isle of Man)
2. was not subsequently revoked or fell to be so because the relationship or dependency had never existed or had ceased
3. has not expired or otherwise ceased to be effective. And remained valid for the period of residence relied upon
Transitional arrangements
Apparently, under transitional provisions in the EEA Regulations, a document issued under the 2000 or 2006 Regulations is usually treated as though issued under the EEA Regulations 2016.

Who is a family member of a relevant EEA citizen?

As per the Annex 1 of Appendix EU (Family Permit), a family member of a relevant EEA citizen is a:
1. spouse
2. civil partner
3. child
4. parent

When a spouse of a relevant EEA national can apply for EUSS family permit?

Perhaps, a spouse of a relevant EEA citizen can apply for EU settlement scheme family permit if the marriage contracted before the specified date. And also, if the applicant was the durable partner of the relevant EEA citizen before the specified date. And held a relevant document under the EEA Regulations and the partnership remained durable at the specified date.

What a spouse needs to establish?

Accordingly, a non-EEA spouse of the relevant EEA national needs to establish that
1. the applicant is a party to a marriage with a relevant EEA citizen. And the marriage is recognised under the law of England and Wales, Scotland or Northern Ireland or of the Islands
2. it is not a marriage of convenience
3. neither party has another spouse, a civil partner or a durable
partner with immigration status in the UK or the Islands based on that person’s relationship with that party

What is the required evidence for a spouse to establish a family relationship?

Apparently, the required evidence of the family relationship is:
– a relevant document as the spouse of the relevant EEA citizen or
– a valid document of record of a marriage recognised under the law of England and Wales, Scotland, Northern Ireland or of the Islands.

When a civil partner of a relevant EEA national can apply for EUSS family permit?

Certainly, a civil partner of a relevant EEA citizen can apply for EU settlement scheme family permit if the civil partnership formed before the specified date. And also if the applicant was the durable partner of the relevant EEA citizen before the specified date. And also hold a relevant document under the EEA Regulations and the partnership remained durable at the specified date.

What a civil partner needs to establish?

A non-EEA civil partner of a relevant EEA national needs to satisfy that
1. the applicant is in a valid civil partnership (which exists under or by virtue of the Civil Partnership Act 2004 or under any equivalent legislation in the Islands), or is in a same-sex relationship registered overseas which is entitled to be treated as a civil partnership under that Act or under any equivalent legislation in the Islands, with a relevant EEA citizen
2. it is not a civil partnership of convenience
3. neither party has another civil partner, a spouse or a durable partner with immigration status in the UK or the Islands based on that person’s relationship with that party

What is the required evidence for a civil partner to establish a family relationship?

In the case of a civil partner, the required evidence of a family relationship is:
1. a relevant document as the civil partner of the relevant EEA citizen, or
2. a valid civil partnership certificate recognised under the law of England and Wales, Scotland or Northern Ireland or under any equivalent legislation in the Islands or
3. the valid overseas registration document for a same-sex relationship which is entitled to be treated as a civil partnership under the Civil Partnership Act 2004 or under any equivalent legislation in the Islands.
Please note a list of recognised foreign civil partnerships is available in the Schedule 20 to the Civil Partnership Act 2004 (and updated by a 2012 Order). Perhaps, the list is also available in Annex FM 2.1

When will a durable partner be able to apply under EUSS family permit?

Perhaps, at present, a durable partner of a relevant EEA citizen cannot for an EU settlement scheme family permit. Accordingly, they will be able to do so after the end of the planned implementation period on 31 December 2020. However, for the time being, a durable partner can apply for an EEA family permit.

What is a marriage of convenience?

Apparently, Annex 1 defines a civil partnership or marriage of convenience as a means to circumvent:
1. any criterion the party would have to meet in order to enjoy a right to enter or reside in the UK under the EEA Regulations
2. other provisions of UK immigration law or any requirement of the Immigration Rules
3. any criterion the party would otherwise have to meet in order to enjoy a right to enter or reside in the UK under EU law
4. any criterion the party would otherwise have to meet in order to enjoy a right to enter or reside in the Islands under the Islands law

Who can apply as a child of a relevant EEA national?

In fact, a child, grandchild or a great-grandchild aged under or over 21, of a relevant EEA citizen or of his/her spouse or civil partner can apply for EU settlement scheme family permit. However, a child does not include a child cared for by a relevant EEA citizen or their spouse or civil partner solely by virtue of a formal or informal fostering arrangement.

What a child under the age of 21 needs to establish?

In fact, a child under the age of 21 needs to establish that he/she is the direct descendant of the relevant EEA citizen or of their spouse or civil partner. Moreover, in terms of Annex 1 of Appendix EU (Family Permit), a child also includes:
An adopted child
Certainly, an adopted child of the relevant EEA citizen or his/her spouse or civil partner can apply for EU settlement scheme family permit, if the child adoption is:
1. in accordance with a decision taken by the competent administrative authority or court in the UK or the Islands
2. by the competent administrative authority or court in a country whose adoption orders are recognised by the UK or the Islands
3. taken in a particular case in which that decision in another country has been recognised in the UK or the Islands as an adoption
A surrogate child
A child born through surrogacy for the relevant EEA citizen or his/her spouse or civil partner can certainly apply for an EU settlement scheme family permit.
Guardianship under Children Act 1989
Certainly, a child under the guardianship of the relevant EEA citizen or his/her spouse or civil partner can apply under the EU settlement scheme (EUSS) family permit if:
1. a special guardianship order is within the meaning of section 14A(1) of the Children Act 1989)
2. a guardianship is under section 5 of the Children Act 1989
Permanence Order under Adoption and Children (Scotland) Act 2007
If a child is subject to a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 vesting parental responsibilities and parental rights in a person who is the relevant EEA citizen or his/her spouse or civil partner then such a child can certainly apply for EU settlement scheme family permit.
Guardianship under Section 7 of the Children (Scotland) Act 1995
A child who has a guardian appointed under section 7 of the Children (Scotland) Act 1995. Or the child is living with a person pursuant to an order made under section 11 of that Act. And that guardian or other person is the relevant EEA citizen or their spouse or civil partner then such a the child can apply for EUSS family permit.
Order under Children (Northern Ireland) Order 1995
A child in respect of whom an order has been made under Article 159 of the Children (Northern Ireland) Order 1995, or in respect of whom an appointment has been made under Article 160 of that Order, appointing as their guardian a person who is the relevant EEA citizen or their spouse or civil partner then such a child can certainly apply for EU settlement scheme family permit.
Guardianship under (Guernsey and Alderney) Law 2008
A guardianship under section 12 or 14 of the Children (Guernsey and Alderney) Law 2008 or section 12 or 13 of the Children (Sark) Law 2016. Or a child living in the care of a person pursuant to an order under section 14 of the 2008 Law or section 13 of the 2016 Law. And that guardian or other person is the relevant EEA citizen or their spouse or civil partner. Accordingly, the child can certainly apply for EU settlement scheme family permit.
Guardianship under Children (Jersey) Law 2002
If there is a guardianship order under Article 7 of the Children (Jersey) Law 2002 for a child. And that guardian is the relevant EEA citizen or their spouse or civil partner then such a child can apply for EU settlement scheme family permit.
A Special Guardian under the Children and Young Persons Act 2001 of Tynwald
If there is a special guardianship order under Section 17A of the Children and Young Persons Act 2001 of Tynwald for a child in respect. Or guardianship order under section 6 or 7 of the Children and Young Persons Act 2001 of Tynwald. And the relevant EEA citizen or his/her spouse or civil partner is the guardian then such a child can apply for EU settlement scheme family permit.

What is the required supporting evidence for a child aged 21 or under?

The required evidence of the family relationship is:
1. a relevant document issued on the basis of the relevant family relationship
2. their full birth certificate(s), i.e. a birth certificate recognised in the UK or the Islands which records the name of the mother and (where registered) the father
3. any other document which satisfies you that the applicant is the direct descendant of (or otherwise a child of) the relevant EEA citizen or of their spouse or civil partner
In the case of an adopted child, surrogate child or a child subject to any of the guardianship orders referred to above then such a case is usually referred to the European Migration Policy Team for further advice. Therefore, the EU settlement scheme (EUSS) family permit processing time may delay in such instances!

Can a child aged 21 or over apply?

Yes, a child aged 21 or over can apply for a EUSS family permit. However, such a child, grandchild, or great-grandchild, aged 21 and above needs to establish that he/she is a direct descendant of the relevant EEA citizen or of his/her spouse or civil partner. And is dependent on the relevant EEA citizen or on his/her spouse or civil partner.

How a child aged 21 or over can establish that he/she is a dependent child?

Perhaps, under EUSS family permit, ‘dependent’ means that, as demonstrated by relevant financial, medical or other documentary evidence such as:
1. having regard to their financial and social conditions or health, the applicant cannot meet their essential living needs (in whole or in part) without the financial or other material support of the relevant EEA citizen or of the spouse or civil partner
2. such support is being provided to the applicant by the relevant EEA citizen or by the spouse or civil partner
3. there is no need to determine the reasons for that dependence or for the recourse to that support

Can an adopted or surrogate child aged 21 or over apply for a EUSS family permit?

Yes, an adopted child and a child born through surrogacy (where recognised in UK law or Islands law) for the relevant EEA citizen or their spouse or civil partner can apply for EUSS family permit. However, needs to provide the following required evidence to establish the family relationship:
1. a relevant document issued on the basis of the relevant family relationship
2. the full birth certificate(s), i.e. a birth certificate recognised in the UK or the Islands which records the name of the mother and (where registered) the father
3. other documents which may satisfy that the applicant is the direct descendant of (or otherwise a child of) the relevant EEA citizen or of their spouse or civil partner
In the case of an adopted or surrogate child aged 21 or above, the caseworker needs to discuss the case with a senior caseworker. And subsequently may also refer to the European Migration Policy Team for further advice. Therefore, the processing time may delay in such cases!

What is required evidence of dependency and care for a child aged 21 and above?

Certainly, a child needs to provide evidence for establishing dependency and care on the relevant EEA citizen or on the spouse or civil partner. Accordingly, may provide following types of supporting documents:
1. evidence of financial dependence, such as bank statements or money transfers to the applicant from the relevant EEA citizen or the spouse or civil partner
2. evidence relating to the personal care on serious health grounds such a letter from a hospital consultant

Can a non-EEA parent apply for a EUSS family permit?

Yes, a dependent parent- or grandparent or great-grandparent- of the relevant EEA citizen or of his/her spouse or civil partner can apply for EU settlement scheme family permit.

How to establish family relations as a parent?

Apparently, to establish that the applicant is the direct relative in the ascending line of the relevant EEA citizen or of their spouse or civil partner. Perhaps, the dependency on the relevant EEA citizen or on the spouse or civil partner is assumed. Therefore, an applicant does not need to provide a piece of evidence relating to dependency. Accordingly, the required evidence of the family relationship is:
1. a relevant document issued on the basis of the relevant family relationship
2. the full birth certificate(s), i.e. a birth certificate recognised in the UK or the Islands. And apparently records the name of the mother. And perhaps also, where registered, the father’s name.
3. any other documents that the applicant is the direct relative of the relevant EEA citizen or of his/her spouse/civil partner

What are the suitability requirements under EU settlement scheme family permit?

The Rule FP7 of Appendix EU relates to the suitability grounds for an EU settlement scheme family permit application. However, the decision-maker usually assesses an applicant’s suitability on a case by case basis. Accordingly, takes into accounts an applicant’s personal conduct and prior criminal convictions. And also whether they have been open and honest in their application.

What if the non-EEA family member is subject to a deportation and exclusion order?

Certainly, EUSS family permit application refuses under rule FP7(1) on suitability grounds due to a deportation or exclusion order. And also under FP7(2) for the immigration laws of:
– Bailiwick of Guernsey
– Bailiwick of Jersey
– The Isle of Man

Do applicants needs to provide information about criminal convictions?

Yes, all non-EEA family members (aged 18 years or over) applying for EU settlement scheme family need to provide information about previous criminal convictions. Perhaps, both in the UK and overseas. Accordingly, if applicable may also provide criminal records of the country of conviction at the time of the application.

Do applicants need to disclose information about terrorist-related activities?

Yes, applicants 18 or over also declare any involvement in any activities relating to terrorism, war crimes, crimes against humanity and genocide.

Are applicants subject to Police National Computer (PNC) checks?

Yes, all applications are subject to a check against the Police National Computer (PNC) and the Warnings Index (WI).

What if an applicant provides false information?

If an applicant provides false information then the EU settlement scheme family permit application is refused under rule FP7(3). Perhaps, this also includes false and misleading information by any person in support of the application.

How the ECO decides an EU settlement scheme family permit application?

Usually, an ECO considers a valid EU settlement scheme (EUSS) family application by using:
1. the information and evidence provided by the applicant
2. further information or evidence provided by the applicant in response to any request of the ECO
3. any other information/evidence available to the ECO at the date of the decision. Perhaps, this may include information from other government departments
Therefore, if an ECO cannot assess the eligibility requirement EU settlement scheme family permit then may contact the applicant for obtaining requisite information.

Can the ECO ask for further evidence and interview?

Apparently, in terms of Annex 2 of Appendix EU, an ECO can ask for further information or evidence. And also can conduct an in-person interview. Perhaps, depending on the circumstances, the ECO may also conduct an interview:
– by telephone
– by video-telecommunications link
– over the internet

Can an ECO also seek information from the relevant EEA citizen?

Yes, usually for ascertaining the eligibility of an applicant, an ECO can also invite the relevant EEA citizen to:
1. provide information or evidence about the relationship with an EU settlement scheme family permit applicant
2. an interview in person, or by telephone, video-telecommunications link or over the internet

What if the applicant or relevant EEA citizen fails to comply?

Perhaps, in the case of non-compliance, the ECO usually draw factual inferences about the eligibility of an applicant. However, the ECO needs to base inferences on the available information and circumstances. And certainly cannot solely base inferences on non-compliance of the applicant or the EEA citizen.

When a non-EEA family member gets an EU settlement scheme family permit?

If an applicant meets the eligibility requirements in rule FP6, and application is not refused on suitability grounds under rule FP7 then an applicant gets an EU Settlement Scheme (EUSS) Family Permit for 6 months from the date of the decision. Certainly, there is no basis of refusing a valid application for a EUSS family permit beyond the eligibility and suitability conditions set out in Appendix EU (Family Permit). However, if a valid EU settlement scheme family permit applicant does not meet the requirements under FP6 and FP7 then the application is refused under rule FP8.

Related Posts:

  1. Fiance Visa UK guidance for fiancée or proposed civil partner!
  2. Bereaved Partner ILR requirements under immigration rules
  3. UK residence card and EEA registration certificate guidance!

Country-specific details:

Moreover, to know the country-specific details of UK visa applications please refer to Egypt, Ghana, India, Iraq, Jordan, Lebanon, Nigeria, Pakistan, Philippines, Russia, Saudi Arabia, Turkey, UAE and the USA.