You must have already secured settled or pre-settled status for yourself before you are eligible for family members to join you. Dual British and EEA citizens and naturalised British citizens may also qualify.
How do I arrange for family members to visit, with the right to work and study in the UK, for up to 6 months?
Generally, if you are an EU, EEA or Swiss citizen who was living in the UK by 31 December 2020 then close family members can visit you in the UK with the right to work and study for up to 6 months. Before travelling, your family member must make an application for an EU Settlement Scheme (EUSS) Family Permit. Once in the UK, they must make an application for Pre-Settled Status or Settled Status within three months of the date of their arrival and in any event before their EUSS family permit expires.
If the application is successful then your family members should be able to pass through UK ports, even if you are not with them.
If your family members attempt to travel to the UK without an EUSS Family Permit then they may be refused entry to the UK.
If your family members are already in the UK on a visitor’s visa (which does not include permission to work or study) then it may be possible for them to apply for settlement under the EUSS Scheme from within the UK. But family members not already in the UK will need to apply for the EUSS Family Permit before travel.
How do I arrange for family members to settle in the UK?
There are two ways of doing this.
Firstly, your family members can apply for an EUSS Family Permit and travel to the UK. Once they are in the UK then they can make an application to settle under the EU Settlement Scheme.
Alternatively, your family members can make an application to the EU Settlement Scheme from outside the UK. This second option is only possible if your family members are EU, EEA or Swiss citizens with a valid passport or national identity card with a biometric chip, or if they are from elsewhere but have a valid UK-issued biometric residence card. If your family members do not have one of these things then they need to apply for an EUSS Family Permit first, and then apply to the EU Settlement Scheme once they are in the UK.
Which family members are eligible to apply for an EUSS Family Permit or for settlement in the UK under the EU Settlement Scheme?
- Your spouse (husband or wife) or civil partner, if you got married or formed a civil partnership by 31 December 2020
- Your durable unmarried partner, if you lived together for two or more years before 31 December 2020 or have other significant evidence of your relationship
- Your (or your spouse or civil partner’s) child, grandchild or great grandchild under the age of 21
- Your (or your spouse or civil partner’s) dependent child, grandchild or great grandchild over the age of 21
- Your (or your spouse or civil partner’s) dependent parent or grandparent.
What if my spouse or civil partner is a Swiss citizen?
You can apply as the spouse or civil partner of a Swiss citizen in the UK until 31 December 2025 if both of the following apply:
- your relationship with them began after 31 December 2020 and by 31 December 2025
- you’re still in the relationship when you apply”
Your family members are eligible if they are EU, EEA or Swiss citizens, or if they are citizens or other countries.
It is important that they are planning to join you on arrival in the UK.
These rules apply in circumstances where an EU, EEA or Swiss citizen in the UK wishes for family members to join them.
Things are more complicated if family members wish to enter the UK based on a relationship with an EU, EEA or Swiss citizen who is divorced or has died or has left the UK. Specialist advice is needed in such cases. Please contact us.
What Rules have changed in 2023? ("Surinder Singh and Zambrano routes")
On 8 August 2023, the EUSS Family Permit route closed to primary carers of British citizens (“Zambrano” cases), and family members of qualifying British citizens returning to the UK having exercised free movement rights in the EEA or Switzerland (“Surinder Singh” cases). These routes will remain open to those who were already on them as of that date.
Those granted an EUSS Family Permit on the basis of a Surinder Singh or Zambrano application made by 8 August 2023 will also be able to come to the UK and apply under the EUSS.
Where can I get help if I get stuck?
The UK government runs the EU Settlement Scheme Resolution Centre, which can help you with your EUSS application.
You can contact them online here: https://eu-settled-status-enquiries.service.gov.uk/
Alternatively you can call them on the following numbers:
From within the UK: 0300 123 7379
Monday to Friday (excluding bank holidays), 8am to 8pm
Saturday and Sunday, 9:30am to 4:30pm
You can find out more about call charges here: https://www.gov.uk/call-charges
From outside the UK: +44 (0)203 080 0010
Monday to Friday (excluding bank holidays), 8am to 8pm
Saturday and Sunday, 9:30am to 4:30pm
Settled is here for you if you require further help with your EU Settlement Scheme issue. We provide free, mulltilingual advice, accredited by the Office of the Immigration Services Commissioner (OISC).
Please call us on 0330 223 5336 or email [email protected]