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EU Settlement Scheme Family Permit: Basic requirements

Updated: May 9

General Application Guidance: Basics You Need to Know


In reading this guide in full to the end you will gain a basic understanding of the application requirements relating to EU Settlement Scheme.


If you believe your application requirements are more complex and need help.


Young family enjoying social time together having a picnic in the Woods  in the UK after receiving their visas
bringing families together

If you’re an EU, Switzerland, Norway, Iceland or Liechtenstein, you and your family may still be able to apply to the EU Settlement Scheme to continue living in the UK. The deadline for most people to apply to the EU Settlement Scheme has passed it was 30 June 2021. If you’re an Irish citizen, or you already hold indefinite leave to enter or remain you don’t need to apply.


However, if you or your family member is from the EU, Switzerland, Norway, Iceland or Liechtenstein, you could still apply if you or a family member have been continuously living in the UK since 31 December 2020. You can also apply if you already have pre-settled status, and you’re applying for settled status.


How the application process works:


In some cases, you could still apply after 30 June 2021.


If you’re joining a family member who was living in the UK before 31 December 2020, your deadline will be based on when you arrive in the UK, as long as you are recognised as their family member by 31 December 2020 (this does not apply to children born or adopted after this date) your family relationship still exists when you apply you can also apply if you can show ‘reasonable grounds’ (such as medical reasons, or being the victim of domestic abuse) for why you did not apply by 30 June 2021.


Who is eligible for a later deadline to apply:


For some people, the deadline of 30 June 2021 does not apply. This is true if you’re one of the following:


The family member of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein who was living in UK by 31 December 2020, and had settled or pre-settled status, and you join them in the UK on or after 1 April 2021


applying for your child, who was born or adopted in the UK on or after 1 April 2021


Family member of an eligible person of Northern Ireland, but they could not move back to the UK by 31 December 2020 without you - you must be from outside the EU, Switzerland, Norway, Iceland or Liechtenstein


exempt from immigration control, or you stopped being exempt from immigration control after 30 June 2021


You’re here with limited leave to enter or remain in the UK (for example, if you’re here on a work or study visa) which expires after 30 June 2021


Family members of a British citizen who you lived within the EU, Switzerland, Norway, Iceland or Liechtenstein - you must have lived with them in that country before 31 December 2020, and returned to the UK with them before 29 March 2022.


If you’re joining a family member who was living in the UK before 31 December 2020, your deadline will be based on when you arrive in the UK, as long as you are recognised as their family member by 31 December 2020 (this does not apply to children born or adopted after this date) your family relationship still exists when you apply you can also apply if you can show ‘reasonable grounds’ (such as medical reasons, or being the victim of domestic abuse) for why you did not apply by 30 June 2021.


 

Legal representative service:


Selecting the right legal representative is a key part of the visa application process and it’s an important one to get right if your considering using an immigration adviser or Solicitor to submit your application for you.


To apply on your behalf to EU Settlement scheme you first need to meet the following application requirements.


Who don't need to apply?:

 

To apply to the EU Settlement Scheme Family Permit?


You must meet one of the eligibility criteria for the scheme:


  • you’re from the EU, Switzerland, Norway, Iceland or Liechtenstein and you started living in the UK by 31 December 2020 and had pre-settled or settled status

  • you’re the family member of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein who started living in the UK by 31 December 2020 and had settled or pre-settled status


You may also be eligible if:


  • you used to have a family member from the EU, Switzerland, Norway, Iceland or Liechtenstein who started living in the UK by 31 December 2020 (but you’ve separated, they’ve died or the family relationship has broken down)

  • you’re the family member of a British citizen who you lived within the EU, Switzerland, Norway, Iceland or Liechtenstein - you must have lived with them in that country by 31 December 2020 and returned to the UK with them before you apply

  • you’re the family member of a British citizen who also is a citizen of an EU country, Switzerland, Norway, Iceland or Liechtenstein, and they lived in the UK as a citizen of one of these countries before getting British citizenship

  • you have a family member who is an eligible person of Northern Ireland

  • you’re the child of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein who used to live and work in the UK - you must be in education in the UK

  • you’re the family member of a person who is exempt from immigration control

  • you’re the family member of a ‘frontier worker’

  • You and your child may also be eligible if, by 31 December 2020, you were the primary carer of a:

  • British citizen (and you did not have another type of permission to stay in the UK)

  • child of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein who used to live and work in the UK - the child must be in education in the UK

  • self-sufficient child from the EU, Switzerland, Norway, Iceland or Liechtenstein

 

‘Reasonable grounds’ for why you didn't apply by the deadline


If you did not apply by 30 June 2021, or by the deadline based on your circumstances which has now passed, you may still be able to apply to the scheme.


You will need to have ‘reasonable grounds’ for why you did not apply by the deadline.


There are many different reasons that can be included as reasonable grounds for not applying by the deadline. As UKVI haven’t compiled a complete list below is a generic list of recognised reasons the UKVI have published on their website, however if you have a reason not listed, you can still apply and UKVI will considered your reason and grounds.


  • you’re a child, or applying for your child, and you did not know you needed to apply

  • your parent, guardian or local authority did not apply for you when you were a child

  • you have, or had, a medical condition which prevented you from applying

  • you lacked the physical or mental capacity to apply

  • you have care or support needs, or those caring for you were unaware of the deadline

  • you’ve been the victim of modern slavery

  • you’ve been in an abusive or controlling relationship

  • you did not have internet access, or access to relevant documents

  • you came to the UK on a work or study visa and became eligible to apply to the EU Settlement Scheme while you were here, but did not know you could apply

  • you already have indefinite leave to enter or remain, and you did not know you could apply to the scheme

  • you had permanent residence status or a residence document that stopped being valid after 30 June 2021, and you did not know you needed to apply to the scheme

  • you had difficulty accessing support to apply because of coronavirus (COVID-19) restrictions

  • another compelling practical or compassionate reason prevented you applying


When you apply, you need to provide evidence to support the reason or reasons you give for missing the deadline.

 

Who don't need to apply?


Irish citizens - although their family members from outside either the UK or Ireland will need to apply


You hold indefinite leave to enter the UK


You have indefinite leave to remain in the UK

 

How long can you stay:


Pre-settled status


If you have not yet been in the UK for 5 years’ continuous residence, you’ll usually get ‘pre-settled status’ instead. ‘pre-settled status’ visa will allow you to stay in the UK for a maximum of 5 years from the date you receive pre-settled status, but you will have to reapply again to get your settled status if you want to stay in the UK indefinitely.


Natural progression to Permanent Residence:


Settled status


You can usually obtain settled status if you started living in the UK by 31 December 2020 and have lived in the UK for a continuous 5-year period (‘continuous residence’) Five years’ continuous residence means for 5 years in a row you’ve lived in the UK for at least 6 months in any 12 month consecutive period, except for one period of up to 12 months for an important reason (E.G, childbirth, serious illness, study, vocational training or an overseas work posting) it also includes any EU Nationals on compulsory military service of any length. You’ll only need to apply once if you get settled status.


Once you receive your settled status and depending on your personal circumstances you may be eligible to apply for Naturalisation (British Citizenship) immediately after receiving your Permanent residence BRP card otherwise you will need to wait 12 months before you are eligible to apply for Naturalisation.



Lets get your application started together





Disclaimer: The information provided above is for general purposes only relating to Immigration visa application procedures and these rules change regularly. I highly recommended you contact me directly for more in-depth advice and assistance. All enquiries receive a free initial application assessment to clarify how you meet the general application requirements of the above application route.

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