
Over the years, eligible non-European family members of EEA nationals living in the UK could apply to enter the UK using one of the following applications:
(1) EEA Family Permit applied for before 31 December 2020 and issued under the EEA Regulations;
(2) EUSS Family Permit under the EU Settlement Scheme.
Applications for EEA Family Permits are no longer accepted, and now, if you are the non-European family member of an EEA national living in the UK and wish to enter the UK based on this relationship, you must apply for an EUSS Family Permit. In the context of this type of application, the EEA national is referred to as the relevant sponsor and the applicant is referred to as the joining family member.
In this article, we will discuss the requirements for a straightforward EUSS Family Permit application made from 1 July 2021 onwards.
Applicants – Direct Family Members and Extended Family Members
Applicants for an EUSS Family Permit are broadly split into two categories: direct family members and indirect (or extended) family members. Direct family members include: spouses, civil partners, durable partners, children, and dependent parents. Extended family members comprise more distant relatives, such as aunts, uncles, siblings and cousins who are financially dependent on the relevant sponsor.
It is important to be aware that whilst extended family members could previously apply for an EEA Family Permit, they are not eligible to apply for an EUSS Family Permit or to the EU Settlement Scheme unless they were previously issued with documents under the EEA Regulations.
Requirements
In broad terms, in order to meet the requirements, an applicant must show that, at the date of application:
(1) The applicant must be the family member of a relevant EEA national;
(2) Where relevant, the relationship must have existed before 31 December 2020 and continue at the date of application;
(3) Where relevant, the applicant must be dependent on the EEA national and be able to evidence this;
(4) The applicant must have no suitability concerns. For example, they should not be subject to a deportation or exclusion order.
Similarly, the relevant sponsor must show:
(1) That they are an EEA national and hold status under the EU Settlement Scheme, settled or pre-settled status; and either
(2) They are in the UK at the date of application or they will be travelling with the applicant to the UK within 6 months of the date of application.
The applicant must provide evidence of all of the above. Additional evidence may be required, depending on the individual circumstances of the case.
Dependency
Some types of applications as a joining family member require an applicant to demonstrate dependency on the EEA national, namely, where the applicant is a child over 21 or a dependent parent. The dependency can be financial, or due to social and/or health conditions, or a combination of these, and must again be demonstrated with reference to a selection of documentary evidence.
Between October 2020 and the end of the Home Office grace period on 30 June 2021, relevant non-European family members of EEA nationals applying for EUSS Family Permits benefitted from what has been called ‘assumed dependency’.
Individuals applying for EUSS Family Permits before the 30 June 2021 benefitted from the Home Office policy of ‘assumed dependency’, by which the decision maker, so long as they were satisfied with the familial relationship, assumed the applicant as being dependent on the sponsor. Although documentary evidence was still asked for, not providing evidence of dependency did not mean that the application would fail.
From 1 July 2021 onwards, however, dependency is no longer assumed and applicants must now demonstrate their dependency on the relevant sponsor by way of documentary evidence.
If you intend to make an EUSS Family Permit application for yourself or a family member, it is important to consider whether you can feasibly evidence dependency on the relevant sponsor. Without sufficient evidence, applications have become increasingly challenging. It is not uncommon for the Home Office to refuse an application where they are not satisfied that the applicant has adequately demonstrated dependency on the relevant sponsor.
If an application is refused, the refusal can be challenged by way of an appeal hearing.
Successful Application – What To Do Next
If an application for an EUSS Family Permit is successful, the applicant will receive a visa (known as a vignette) in their passport. The visa allows the applicant to enter to the UK and they have 6 months, i.e. before the expiry of their visa, in which to do so.
Importantly, once the applicant has entered the UK they have 3 months from the date of entry to submit an application for pre-settled status under the EU Settlement Scheme. If an applicant enters the UK within 3 months of the expiry date of the EUSS Family Permit, they must apply before the expiry of the Permit. If you wish assistance with a pre-settled status application, you should contact a solicitor to discuss this promptly after you or your family member’s arrival in the UK.
The team at Drummond Miller has knowledge and experience in all aspects of EUSS Family Permit and EU Settlement Scheme applications. If you wish our advice on any of the matters noted in this article, please do not hesitate to get in touch.
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