EU Settlement Scheme (EUSS) Family Permit Guidance 2020

EU Settlement Scheme (EUSS) Family Permit Guidance

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. However, if an 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, a non-EEA family member of an EU citizen can get an EU settlement scheme (EUSS) family permit if they make a valid application, meet the eligibility requirements, and do not get a refusal due to suitability grounds.

EU Settlement Scheme (EUSS) Family Permit Requirements

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 they:

1. is a non-EEA citizen
2. is a family member such as a spouse, civil partner, child, or parent 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

Enquiry Form

*What happens next?

Multilingual qualified London based immigration specialists will get back to you, usually within 2-3 working days. If you have not attached any documents, then the UK based Law firm may ask for the relevant Case-Specific Document(s) such as Refusal Letters, Deportation Orders, Application Forms etc. Moreover, after reviewing the papers and information, the legal advisor may advise a course of action and quote the fees for processing the application.

Have a wonderful day!

EU Settlement Scheme (EUSS) Family Permit Requirements for Spouse

A spouse of a relevant EEA citizen could apply for EU settlement scheme family permit if the marriage contracted before the specified date. 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. 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
4. partner with immigration status in the UK or the Islands based on that person’s relationship with that party

Supporting Documents

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.

Marriage or Civil Partnership of Convenience

Apparently, Annex 1 defines a civil partnership or marriage of convenience to circumvent:

1. any criterion the party would have to meet 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 to enjoy a right to enter or reside in the UK under EU law
4. any criterion the party would otherwise have to meet to enjoy a right to enter or reside in the Islands under the Islands law

Civil Partners

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

Supporting Documents

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). The list is also available in Annex FM 2.1

Can durable partner apply for EUSS Family Permit?

At present, a durable partner of a relevant EEA citizen cannot apply 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. Therefore, for the time being, a durable partner can only apply for an EEA family permit.

EU Settlement Scheme Family Permit Requirements for Parents

A dependent parent- or grandparent or great-grandparent- of the relevant EEA citizen or of their spouse or civil partner can apply for EU settlement scheme family permit. Accordingly, a non-EEA parent needs to establish that they are the direct relative in the ascending line of the relevant EEA citizen or of their spouse or civil partner. 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.

Supporting Documents

In fact, the required evidence of the family relationship is:

1. a relevant document issued because of the relevant family relationship
2. the full birth certificate(s), i.e. a birth certificate recognised in the UK or the Islands and records the name of the mother. And where registered, the father’s name.
3. any other documents that the applicant is the direct relative of the relevant EEA citizen or of their spouse/civil partner

EU Settlement Scheme (EUSS) Family Permit for Dependant Child

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

A Child under the age of 21

In fact, a child under the age of 21 needs to establish that they are 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 their 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 their spouse, or civil partner can certainly apply for an EU settlement scheme family permit.

Children Act 1989

Certainly, a child under the guardianship of the relevant EEA citizen or their 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

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 their spouse or civil partner, then such a child can certainly apply for EU settlement scheme family permit.

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.

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.

Children (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.

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.

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.

Supporting Documents

The required evidence for child aged 21 or under to establish family relationship is:

1. a relevant document issued based on 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!

Child Aged 21 or Over

Indeed, a child aged twenty-one 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 they are a direct descendant of the relevant EEA citizen or of their spouse or civil partner. And is dependent on the relevant EEA citizen or on their spouse or civil partner. Accordingly, 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 based on 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!

Establishing Dependency

In fact, 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

Therefore, 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

EUSS Family Permit Application Assessment

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. 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.

Further Evidence and Interview

In terms of Annex 2 of Appendix EU, an ECO can ask for further information or evidence and can also conduct an in-person interview. Perhaps, depending on the circumstances, the ECO may conduct an interview:

• by telephone
• by video-telecommunications link
• over the internet

Information from the EEA Citizen

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?

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.

FAQs

From March 30, 2019, until the specified date (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. Please note, the specified date means 11:00 pm on 31 December 2020. 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) at the proper time.

EU Settlement Scheme Family Permit Suitability Requirements

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, prior criminal convictions and whether they have been open and honest in their application.

Deportation Order

EUSS family permit application refuses under rule FP7(1) on suitability grounds due to a deportation or exclusion order.

Criminal convictions

All non-EEA family members (aged 18 years or over) applying for EU settlement scheme family need to provide information about previous criminal convictions 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.

Terrorist-related activities

Indeed, an applicant eighteen or over also needs to declare any involvement in any activities relating to terrorism, war crimes, crimes against humanity and genocide.

Police National Computer (PNC) checks

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

False Information

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

Settled Status

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.

Pre-Settled Status

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.

The Validity Period of 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.

A Relevant EEA Citizen under Appendix EU

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 them in the UK

The Immigration Status of the Relevant EU Citizen

For 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.

Meaning of A relevant naturalised British citizen

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.

An EEA Citizen under Appendix EU (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

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

Meaning of 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

Please note, under the 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.

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 but not for EUSS family permit?

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. persons with a derivative right of residence in the UK. For instance, Chen, Ibrahim and Teixeira and Zambrano cases
2. 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
3. persons whose EEA or Swiss citizen family member has not been granted leave under the EU Settlement Scheme (EUSS)

Meaning of A Valid EUSS Family Permit Application

Quite clearly, 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

The required Application Process

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 for providing the biometrics at the visa application centre.

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, cancelled, or invalidated. Therefore, an applicant needs to present and submit a valid passport at the visa application centre.

Biometrics for EUSS Family Permit

Quite clearly, an applicant needs to provide the biometrics at the relevant visa application centre. 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.

Invalid 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.

Application 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.

Processing Time

Most of the EU settlement scheme family permit applications are processed within 3-6 weeks. The EU Settlement Scheme Family Permit Processing Time for a straightforward application is normally 5-working days (1 week). If the EUSS family permit application is not straightforward, then it may take even longer than one month. An EUSS Family Permit application may experience delays in processing due to:

• documents verifications
• further information
• interview
• a minor not linked to an adult’s application
• submission of a paper application such as derivative right to reside in the UK
• criminal record
• a non-EEA national applying because of a new relation

When a non-EEA family member gets an EUSS 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.

What is the EUSS Family Permit Success Rate?

In 2019, 8,695 EUSS family permit applications resolved and 6,690 EUSS family permits granted. Moreover, 1,798 EUSS family permit applications rejected. And 207 applications withdrawn, and no application lapsed. Therefore, the EUSS family permit success and refusal rate are 76.94% and 20.68%, respectively.