The EEA Family Permit was the entry clearance document that allowed non-EEA family members to join their EU/EEA national relatives exercising free movement rights in the UK. This route permanently closed on 31 December 2020 when the Brexit transition period ended. It was replaced by the EU Settlement Scheme Family Permit, which itself had a deadline of 29 March 2022 for most categories. This guide explains the historical EEA Family Permit system, what replaced it, and the current options available in 2026 for non-EU family members wishing to join EU/EEA nationals in the UK.
EEA Family Permit: Historical Overview & Current Alternatives
The EEA Family Permit was a cornerstone of EU free movement law, enabling non-EEA nationals to join their European family members in the UK without the fees and stringent requirements of the standard UK immigration system. Between 2005 and 2017 alone, over 396,000 applications were made, with a 79% success rate. The permit was governed by the Immigration (European Economic Area) Regulations 2016 and the Free Movement of Persons Directive (2004/38/EC). When free movement ended on 31 December 2020, this entire framework was replaced by the EU Settlement Scheme for EU nationals and new family visa routes under Appendix FM for their non-EU relatives.
What Was the EEA Family Permit?
The EEA Family Permit was a free-of-charge entry clearance document issued to non-EEA family members of EU/EEA/Swiss nationals exercising treaty rights in the UK. It allowed holders to enter the UK and join or accompany their EEA family member, with the option to apply for a UK Residence Card once in the country. The permit was valid for 6 months and allowed multiple entries.
The EEA Family Permit was fundamentally different from standard UK visas. It was based on EU law rather than UK Immigration Rules, was entirely free of charge (compared to £1,846+ for current family visas), and had a much lower evidential threshold. The permit holder's right derived from their EEA national family member's exercise of treaty rights, not from meeting UK immigration requirements like the minimum income threshold.
Key Features of the EEA Family Permit (Historical)
Who Was Eligible for an EEA Family Permit?
The EEA Family Permit was available to non-EEA family members of EU/EEA/Swiss nationals who were exercising treaty rights (working, studying, self-employed, or self-sufficient) in the UK. Eligible family members included spouses, civil partners, children under 21, dependent adult children, dependent parents and grandparents, durable partners (unmarried couples), and other dependent relatives.
The EEA Regulations 2016 defined two main categories of family members: Direct Family Members (DFMs) and Extended Family Members (EFMs). Each category had different rights and evidential requirements.
Categories of Eligible Applicants (Historical)
- Direct Family Members: Spouses, civil partners, children under 21, dependent adult children, dependent parents/grandparents
- Extended Family Members: Durable partners, other dependent relatives, family members requiring personal care
- Surinder Singh Cases: Non-EEA family members of British citizens returning from exercising treaty rights in another EEA country
- Derivative Rights: Primary carers of EEA children (Chen), children of EEA workers in education (Ibrahim/Teixeira), primary carers of British citizens (Zambrano)
- Retained Rights: Family members who retained residence rights after divorce, death, or departure of the EEA national
When Did the EEA Family Permit End?
The EEA Family Permit route permanently closed on 31 December 2020 at 11pm GMT when the Brexit transition period ended and free movement between the UK and EU ceased. From 1 January 2021, non-EU family members of EEA nationals could no longer apply for an EEA Family Permit. The route was replaced by the EU Settlement Scheme Family Permit from 1 July 2021.
The end of the EEA Family Permit was part of the broader changes brought about by Brexit. The UK left the EU on 31 January 2020, but the transition period (during which EU law continued to apply) lasted until 31 December 2020. From that date, the Immigration (European Economic Area) Regulations 2016 were revoked, and the entire EEA family permit system ceased to exist.
Timeline: From EEA Family Permit to Current System
What Replaced the EEA Family Permit?
The EEA Family Permit was replaced by two main routes: (1) the EU Settlement Scheme Family Permit for joining EU/EEA nationals with EUSS status, and (2) the standard Family visa under Appendix FM for joining British citizens or settled persons. The EUSS Family Permit deadline passed on 29 March 2022 for most categories, meaning most applicants in 2026 must use the Appendix FM route or apply late with "reasonable grounds."
The transition from the EEA Family Permit system to the current immigration framework represented a fundamental shift. The free-of-charge, EU law-based route was replaced by the standard UK immigration system with its fees, financial requirements, and English language tests. For non-EU family members, this meant significantly higher costs and more stringent requirements.
EUSS Family Permit (July 2021 – March 2022)
The EU Settlement Scheme Family Permit was introduced as a transitional route allowing non-EU family members to join EU/EEA nationals who had secured settled or pre-settled status under the EUSS. Key features included:
- Fee: Free of charge (preserving the EEA Family Permit principle)
- Eligibility: Family members of EUSS status holders where relationship existed by 31 December 2020
- Deadline: 29 March 2022 for most categories
- Ongoing eligibility: Children born after deadline, durable partners, joining family members
Standard Family Visa (Appendix FM)
For those who don't qualify for the EUSS route, the standard Family visa under Appendix FM of the Immigration Rules is now the primary route. This applies to non-EU family members joining British citizens or persons with indefinite leave to remain. Requirements include:
- Visa Fee: £1,846 (spouse/partner visa from outside UK)
- Immigration Health Surcharge: £1,035 per year (£2,847 for 33-month visa)
- Financial Requirement: £29,000 minimum annual income (increasing to £38,700)
- English Requirement: A1 level for entry, A2 for extension, B1 for settlement
- Settlement: ILR after 5 years on the route
Current Options for Non-EU Family Members 2026
In 2026, non-EU family members joining EU/EEA nationals in the UK have two main options: (1) Late EUSS Family Permit application if they can demonstrate "reasonable grounds" for missing the 29 March 2022 deadline, or (2) Standard Family visa under Appendix FM (£1,846 + IHS, £29,000 minimum income requirement). The choice depends on whether the relationship existed by 31 December 2020 and the sponsor's immigration status.
Option 1: Late EUSS Family Permit Application
The EUSS Family Permit route remains open for late applications where the applicant can demonstrate "reasonable grounds" for missing the deadline. This is still free of charge and provides significant advantages over the standard family visa route.
- Relationship with EU/EEA national existed by 31 December 2020
- EU/EEA sponsor has settled or pre-settled status under EUSS
- "Reasonable grounds" for missing the 29 March 2022 deadline
- Evidence of relationship and sponsor's EUSS status
- Explanation letter detailing why application is late
Examples of "reasonable grounds" accepted by the Home Office include: lack of awareness of the scheme, serious medical condition preventing application, victim of domestic abuse or exploitation, difficulty obtaining required documents, or being a child whose parent/guardian failed to apply on their behalf.
Option 2: Family Visa (Appendix FM)
If the relationship began after 31 December 2020 or there are no reasonable grounds for a late EUSS application, the standard Family visa is the only option. The EU/EEA national sponsor must have obtained settled status (which converts to indefinite leave to remain for immigration purposes) or British citizenship.
Comparison: EUSS Family Permit vs Family Visa 2026
Historical EEA Family Permit Statistics (2005-2017)
The following statistics provide historical context for understanding the scale of the EEA Family Permit system before Brexit. These figures are drawn from Home Office immigration statistics and show the evolution of applications and refusal rates over time.
The surge in applications in 2016 coincided with the Brexit referendum, as families sought to secure their rights before potential changes. Refusal rates also increased significantly during this period due to heightened scrutiny of relationships and dependency claims.
Common Historical Refusal Reasons
Understanding historical refusal reasons can help those making late EUSS applications or using the family visa route to avoid similar issues. Common reasons included:
- Insufficient relationship evidence: Failure to prove genuine and subsisting marriage or partnership
- Dependency not established: Over-21 children or ascending relatives unable to prove financial dependency
- EEA national's status unclear: Failure to prove the sponsor was exercising treaty rights
- Durable relationship not proven: EFMs unable to demonstrate 2+ years cohabitation
- Marriage of convenience: Relationships suspected of being formed to circumvent immigration rules
- Public policy/security grounds: Serious criminal history or national security concerns
- The EEA Family Permit route closed permanently on 31 December 2020
- It was replaced by the EUSS Family Permit (deadline 29 March 2022 for most)
- Late EUSS applications are still possible with "reasonable grounds"
- Otherwise, the standard Family visa (Appendix FM) is the current route
- Cost difference between routes can exceed £12,000 over 5 years
For detailed guidance on the current EU Settlement Scheme Family Permit, including late application requirements and supporting documents, see our comprehensive guide. For information about EU citizens' rights in the UK after Brexit, including the EUSS and British citizenship options, visit our dedicated page.
Frequently Asked Questions
What was the EEA Family Permit?
The EEA Family Permit was a free-of-charge entry clearance document that allowed non-EEA national family members (spouses, children, parents, partners) to join their EU/EEA/Swiss national relatives exercising free movement rights in the UK. It was valid for 6 months with multiple entries and allowed holders to subsequently apply for a UK Residence Card. The route operated from 2006 until it closed on 31 December 2020 when free movement ended.
Can I still apply for an EEA Family Permit in 2026?
No, the EEA Family Permit route closed permanently on 31 December 2020. You cannot apply for an EEA Family Permit in 2026. If your relationship with an EU/EEA national existed by 31 December 2020, you may be able to apply for a late EUSS Family Permit with "reasonable grounds" for missing the deadline. Otherwise, you must use the standard Family visa route under Appendix FM.
What replaced the EEA Family Permit?
The EEA Family Permit was replaced by two main routes: (1) The EUSS Family Permit for family members of EU/EEA nationals with settled or pre-settled status (free of charge, deadline 29 March 2022 for most categories), and (2) The standard Family visa under Appendix FM of the Immigration Rules (£1,846 + IHS, financial requirement of £29,000). Most applicants in 2026 must use one of these routes.
What is the EUSS Family Permit processing time?
The EUSS Family Permit processing time is typically 3-4 weeks for straightforward applications. Late applications requiring assessment of "reasonable grounds" may take longer due to additional scrutiny. Complex cases involving extended family members or derivative rights can take 8-12 weeks. Priority services are not available for EUSS applications.
What are "reasonable grounds" for a late EUSS Family Permit application?
Reasonable grounds include: being unaware of the scheme or the requirement to apply, serious medical condition preventing application, being a victim of domestic abuse or modern slavery, difficulty obtaining required documents from country of origin, being a child whose parent or guardian failed to apply on their behalf, or practical or compelling reasons beyond the applicant's control.
How much does a Family visa cost compared to the EUSS Family Permit?
The late EUSS Family Permit is free (only biometric appointment fees of ~£65 apply). The standard Family visa costs £1,846 application fee plus Immigration Health Surcharge of £1,035 per year (£2,847 for 33 months), totaling approximately £4,700 for the initial visa. Over a 5-year settlement route, the total cost of the Family visa route exceeds £12,000, compared to under £100 for the EUSS route.
Can I get ILR through the EUSS Family Permit route?
Through the EUSS route, you don't get ILR but equivalent EUSS status. After entering on an EUSS Family Permit, you apply to the EU Settlement Scheme for pre-settled status (5 years residence), then settled status after 5 years continuous residence. Settled status under EUSS is equivalent to indefinite leave to remain for most purposes and can lead to British citizenship after 12 months (or 5 years without settled status).
My EU spouse has settled status – which route should I use?
If your relationship existed by 31 December 2020, first explore whether you can make a late EUSS Family Permit application—this is free and has no financial or English language requirements. If your relationship began after 31 December 2020, or you have no reasonable grounds for missing the deadline, you must use the standard Family visa route, which requires meeting the £29,000 financial requirement and A1 English level.