The EU Settlement Scheme — which family members can still apply?

In this long form article, Djamilla Hitchins explains which family members can still apply to the EU Settlement Scheme and the process for doing so.

Although the deadline for applying to the EU Settlement Scheme (EUSS) was June 30 2021, the scheme will remain open indefinitely for some applications. These include upgrading from pre-settled to settled status, late applications and for family members not yet in the UK.

This article will cover family members of those with EUSS status, and some others, who can still apply to the scheme. We will look at the who can sponsor a family member, categories of family members who can still apply and what the process is.

A reminder that the EUSS covers citizens of the European Economic Area (EEA) who were resident in the UK by 31 December 2020 and their family members. The EEA consists of all the European Union (EU) countries plus Norway, Iceland and Liechtenstein. Switzerland — whilst not in the EEA — is treated in the same way.

Who can sponsor a family member?

The person sponsoring their family member to come to the UK will normally already have EUSS status. It can be either settled status or pre-settled status.

There are some situations where the sponsor will not yet have EUSS status. This could be when the sponsor:

• Has not yet applied to the EUSS but would be eligible if they did and has a good reason why they have not yet applied. In this situation the sponsor should make a late application to the EUSS before sponsoring their family member
• Is an Irish citizen who was continuously resident in the UK before 31 December 2020. The Irish citizen does not need to have applied to the EUSS but will need to prove continuous residence
• Is a relevant person from Northern Ireland. That is a British or an Irish citizen or a dual British and Irish citizen who was born in Northern Ireland (and at the time of their birth had at least one parent who was a British or Irish citizen or a dual British and Irish citizen; or who was otherwise entitled to reside in Northern Ireland without any restriction on their period of residence). The sponsor does not need to apply but must have been living in the UK before 31 December 2020
• Is an EEA or Swiss citizen who also holds British citizenship, as long as they lived in the UK before becoming a British citizen and before 31 December 2020. This is known as a ‘Lounes’ application

Which family members can apply?

Close family members can still take advantage of the EUSS after the deadline of June 30 2021. But there are conditions which depend on the type of family member applying. The main condition that applies to all applications is that the relationship must have existed before 31 December 2020.

The only exception is for children born after that date. If they are born outside of the UK they can apply to the EUSS (see below) in the same way as other children.

Children born in the UK can apply to the EUSS — if the parent has pre-settled status then the child will be given the same. Children born in the UK to a parent with settled status are automatically British citizens. If the parent was entitled to settled status before 30 June 2021 but was only granted it later, the child will automatically become British as soon as settled status is granted.

The second condition is that the relative they’re joining must have settled or pre-settled status, other than as a family member themselves. The exception is where they are a parent or child of a spouse.

Only certain close family members can still apply to the EUSS.

Spouse or civil partner

• The marriage or civil partnership must have taken place before 31 December 2020 (or 1 February 2020 for people applying under the ‘Surinder Singh’ route)

Spouses and civil partners of Swiss citizens

The rules are different for Swiss citizens. Their partners are still eligible if:

• The marriage/civil partnership is formed between 31 December 2020 and 1 January 2026

Durable partner (unmarried partner)

• The relationship must have been considered ‘durable’ before 31 December 2020
• To be ‘durable’ a couple must have either lived together for 2 years or show ‘durability’ in another way such as to have a child together

Children under 21

• Any child of either the sponsor or their partner
• Child includes grandchild and great grandchild

Dependent children over 21

Must be dependent. This means they:

• could not meet their essential living needs (in whole or in part) without the financial or material support of their parent/grandparent — due to their financial and social conditions, or health. No reason for the dependence is needed — it can be from choice
• dependent at the date of application (or, if they were living in the UK by 31 December 2020, dependent then)

Dependent parents & grandparents

Parent/grandparent of sponsor or their partner

Must be dependent. This means they:

• could not meet their essential living needs (in whole or in part) without the financial or material support of their child/grandchild — due to their financial and social conditions, or health. No reason for the dependence is needed
• dependent on date of application (or, if they were living in the UK by 31 December 2020, dependent then)

These are all the categories of family members that can still apply to the EUSS.

Extended family members

After December 31 2020 extended family members, such as siblings or nephews and nieces, no longer have an EUSS route to come to the UK.

It is still possible for extended family members who were already living in the UK before 31 December 2020 to apply to the EUSS if they hold an EEA residence card issued or applied for before that date. They should have applied before the 30 June 2021 deadline, but if they have not then they can make a late application. The criteria for a late application have now been toughened, so they should take OISC level 2 advice on this.

Anyone in this position should now be contacted by the Home Office and issued with an EUSS family permit allowing them to travel to the UK and apply to the EUSS. However it remains to be seen what “compelling practical or compassionate reasons” will be accepted.

If an extended family member cannot apply to the EUSS they would have to apply as adult dependent relatives in the (non EUSS) adult dependent relatives category of the immigration rules.

Evidence for applications

Evidence of relationship

For each application the family member will need proof of their relationship. This can be:

• Marriage/civil partnership certificate
• Birth certificate
• Evidence of living together (utility bills, tenancy agreements for example)

Evidence of dependency

• Bank statements or money transfers that show they depend on the sponsor financially
• Evidence that they provide the accommodation for them, which might be non-financial if they stay in the sponsor’s house
• Evidence that they depend on them for health care, for example a letter from a hospital consultant
• If they lived in the UK by 31 December 2020, they must show they were dependent on their sponsor by that date. If they are joining their sponsor after this date, they’ll need to show dependency on the date of application

Suitability

Family members over 18 will also be assessed under ‘suitability’ rules. They will be referred to Immigration Enforcement if they’ve had:

• A custodial sentence in the last 5 years
• A custodial sentence of 12 months at any time
• Three lesser criminal convictions in the last 3 years where at least one was in the last 12 months and one was in the UK. These are ignored if they have lived in the UK for 5 years or more
• A sham marriage/civil partnership/durable partnership, or assisted in the creation of one
• A right to reside in the UK under the EEA Regulations that was fraudulently obtained
• Their British citizenship taken away from them
• A non-custodial sentence for an offence causing serious harm committed after January 1 2021

Any family member who is being considered for deportation may also be refused on suitability grounds.

The application process

Joining family member

Some family members can apply directly to the EUSS before travelling to the UK or if they are legally in the UK. To do this they must have either:

• an EEA passport
• an EEA national ID card
• for a non-EEA citizen this will need to be a residence card, permanent residence card or derivative residence card issued by the UK under the EEA Regulations on the basis of an application made after 6 April 2015 or a biometric residence card showing pre-settled status
• limited leave to remain in a non-EUSS category, if already in the UK

Expired ID documents will also be accepted as proof of identity.

This means that most EEA citizens can use this route but most non-EEA family members coming to the UK for the first time will need to apply for an EUSS family permit (see below).

If a family member is able to use this route they should apply from outside the UK. It is now also possible for an EEA citizen to apply as a joining family member in the UK if they have entered as a visitor. This was previously not allowed as it is very rare for a person on a visitor visa to be able to switch, but the rules were amended in October 2021 to allow those on visitor visas to make this particular application. However, a person entering as a visitor is declaring that this is their only intention. If their intention is to apply to the EUSS it is always advisable to apply for an EUSS family permit to avoid any possible problems.

The application is done online. The first step is to prove identity using the ‘EU Exit: ID Document Check’ app. The family member will then apply for either pre-settled or settled status.

If they are then granted EUSS status, it will be digital. It is important to remember that the passport or ID card they used to prove their identity will be the document linked to their digital status. To enter the UK they will need to show the passport or ID card that is linked to their digital status.

EEA citizens without EUSS status can no longer enter the UK using only their ID card. An ID card can still be used if they:

• Have settled or pre-settled status under the EUSS
• Applied to the EUSS by 30 June 2021 but have not received a decision yet
• Have an EUSS family permit

EUSS family permit

The EUSS family permit is distinct from the old EEA family permit which was discontinued on 30 June 2020.

If the family member cannot apply directly to the EUSS as a joining family member then they can apply for an EUSS family permit to enter the UK. The application is made online. An applicant will need proof of identity and of their relationship to their sponsor.

Once in the UK, the family member must apply to the EUSS within 90 days of arrival. They can use a passport or an EEA ID card alongside their EUSS family permit to enter the UK (see below).

The sorts of applicants who will not be able to make the direct application to the EUSS from outside the UK, and will always need to apply for an EUSS family permit are:

• Non-EEA or Swiss family members who do not have an EEA residence card
• Family members of dual EEA and British citizens where an EEA citizen has come to live in the UK and become British (‘Lounes’ applications)
• Family members of EEA children for whom they are the primary carer

Paper applications

Some categories of people can only use a paper application form for applications to the EUSS in the UK. These applications are typically taking longer to be resolved. This does not apply to EUSS family permit applications which are all made online.

Applicants who must use a paper form include:

• An applicant with no valid ID. Although even an expired passport or ID card will now be accepted in an online application
• A ‘Lounes’ application
• An application from a the carer of an EEA child

Advising on these applications will be OISC level 2.

To make these applications they must contact the EU Resolution centre to confirm how to apply and ask for a paper form.

Entry to the UK

On entry to the UK they will need either their passport, or if they are an EEA citizen their ID card. EEA citizens without EUSS status can no longer enter the UK using only their ID card. An ID card can still be used if they:

• Have settled or pre-settled status under the EUSS
• Applied to the EUSS by 30 June 2021 but have not received a decision yet
• Have an EUSS family permit

Fees

There are no fees for any EUSS application.

Conclusion

Although the deadline to apply to the EUSS was 30 June 2021 close family members can apply to the scheme into the future. Applications will decline naturally as the family relationship must have existed before 31 December 2020, but they can continue indefinitely.

This article was updated on 27 November 2023.

Djamilla Hitchins is an immigration expert in the Expert Advice team at Citizens Advice.

The information in this article is correct as of the date of publication. This article was updated on 8 February 2022

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