The EU Settlement Scheme Family Permit is a crucial immigration route for non-European family members of EU, EEA, and Swiss citizens who wish to join their relatives in the UK. This permit is specifically designed to facilitate family reunions following the UK’s departure from the European Union. It allows eligible family members to enter and live in the UK with fewer restrictions.
In this article, we will break down everything you need to know about the EU Settlement Scheme Family Permit, the differences between the EEA Family Permit, and the importance of EU immigration solicitors in navigating these processes.
What is the EU Settlement Scheme Family Permit?
The EU Settlement Scheme Family Permit is issued to non-EEA family members of individuals with settled or pre-settled status under the EU Settlement Scheme. It allows non-EU family members to join or remain with their EU, EEA, or Swiss relatives in the UK. The permit grants entry to the UK for up to 6 months, during which time applicants can submit an application for pre-settled or settled status under the EU Settlement Scheme.
The main eligibility criteria include being a close family member (spouse, civil partner, child, or dependent parent) of someone with settled or pre-settled status. After entering the UK with an EUSS Family Permit, individuals can apply for residence under the EU Settlement Scheme.
EEA Family Permit vs. EU Settlement Scheme Family Permit
Before Brexit, the EEA Family Permit was used to bring non-EEA family members to the UK under European law. However, after the UK left the European Union, the EEA Family Permit has been replaced by the EU Settlement Family Permit.
The EEA Family Permit was available to family members of individuals from the European Economic Area (EEA) and Switzerland before Brexit. The last date to apply for this permit was June 30, 2021, and it is no longer issued.
In contrast, the EU Settlement Scheme Family Permit remains valid and is specifically designed for non-EU family members of EU nationals who hold pre-settled or settled status in the UK. It provides a pathway for family members to live in the UK and later apply for long-term residence.
Who Can Apply for the EUSS Family Permit?
Eligible applicants for the EUSS Family Permit must be related to an EU, EEA, or Swiss citizen who holds settled or pre-settled status under the EU Settlement Scheme. The following family members are eligible:
- Spouses and civil partners
- Unmarried partners (in a lasting relationship)
- Children or grandchildren under 21
- Dependent parents or grandparents
It is important to note that the relationship must have existed before December 31, 2020, unless you are a child born or adopted after this date.
How to Apply for the EU Settlement Scheme Family Permit
Applying for the EU Settlement Family Permit requires completing an online application and submitting supporting documents that prove your relationship with the EU citizen and their immigration status in the UK. Some of the documents required may include:
- Proof of relationship (marriage or birth certificates)
- Evidence of your family member’s settled or pre-settled status
- Valid travel documents
Once granted, the permit allows you to travel to and stay in the UK for up to six months. During this time, you can apply for settled or pre-settled status to remain in the UK indefinitely.
Importance of EU Immigration Solicitors
Navigating UK immigration laws can be challenging, especially following Brexit. EU immigration solicitors play a vital role in assisting applicants with the complex paperwork, ensuring that eligibility requirements are met, and providing guidance on visa options. They can help maximize the chances of success by submitting well-prepared applications and advising on the best course of action.
Working with an immigration solicitor is particularly beneficial if your application is more complicated, such as when there is missing documentation or when your relationship status needs clarification. Their expertise can help avoid delays or refusals in your application for an EU Settlement Scheme Family Permit.
Final Thoughts
The EU Settlement Scheme Family Permit provides an important pathway for non-EU family members to reunite with their relatives in the UK. While the EEA Family Permit is no longer available, the EUSS Family Permit offers a streamlined process for families affected by the UK’s exit from the EU.
For those seeking guidance, EU immigration solicitors are invaluable in ensuring a smooth application process, providing advice on immigration policies, and securing a successful outcome. Whether you are applying for the EU Settlement Family Permit or considering your options after Brexit, having professional legal assistance can make all the difference.
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