Overview:

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This scheme is governed by appendix EU (family permit) of the immigration rules. It is distinct from the EEA Family Permit which is governed by EU regulations.

 

Both family permits are currently running concurrently with each other until the UK leaves the EU. Once this transition period and the EEA family permit will no longer be available. 

 

Eligibility:

 

• You can apply for this permit if your EEA or Swiss family member is not a qualified person or they do not have a permanent residence document. 

 

• To be eligible for the scheme, the relevant EEA or Swiss national must have been granted pre-settled or settled status under the EU settlement scheme.

 

• Dependent non-EEA national family members must be outside the European economic area, and they must also be ‘close family’ members. 

 

• Your EEA family member must also already be in the UK or travelling to join your family members within six months of the date of the application.

 

Should I apply under this scheme or the EU EEA Family member Permit Application?

 

Many non-EEA family members will be eligible to apply to either family permits. There are however a category of non-EEA family members who may only be eligible to apply for an EU/EEA family permit.

 

These include extended family members such as:

 

• Durable partners and dependent relatives. 

 

• People who have lived with a British citizen exercising EU treaty rights in another EEA

country before returning to the UK to live.

 

• Persons  whose EEA or Swiss citizen family member has no leave under the EU settlement scheme.

 

•  Persons with derivative rights of residence in the UK i.e. Chen, Ibrahim, Texeira & Zambrano cases. 

 

 

If you are in doubt as to which scheme to apply for, please contact our experienced team for further advice.

 

 

How We Can Help:

•   We can advise you on your best options after Brexit.

 

•  This is now an area of immigration law in a state of flux, and likely to undergo further change in the next couple of months. We are committed to ensuring that our advice is up-to-date and any application submitted on your behalf is reflective of the current EU legislation.