Residence for EU Citizens and Their Family Members
Following Brexit, EU, EEA and Swiss citizens no longer have an automatic right to move to the UK to live and work. However, the EU Settlement Scheme (EUSS) continues to protect the rights of eligible European citizens who were living in the UK by 31 December 2020 and certain members of their families. Eligible applicants may receive either Pre-Settled Status or Settled Status, depending on their circumstances and period of residence in the UK.
The main deadline for applications under the EUSS was 30 June 2021, but the Scheme remains open in certain circumstances. This includes eligible joining family members and some late applications where there are reasonable grounds for the delay.
Spouses and Partners
A spouse, civil partner or eligible unmarried partner of an EU, EEA or Swiss citizen may still be able to join them in the UK under the EUSS. Generally, the European sponsor must have been living in the UK by 31 December 2020 and have Settled or Pre-Settled Status, and the relationship must have existed by 31 December 2020 and continue to exist. Special provisions apply in some circumstances, including certain cases involving Swiss citizens.
An eligible family member outside the UK may need to obtain an EU Settlement Scheme Family Permit before travelling. The permit is free, is normally valid for 6 months and allows the holder to work and study in the UK. After arrival, an eligible family member can apply under the EU Settlement Scheme to remain in the UK.
Children
Children and grandchildren under the age of 21 may qualify as family members under the EUSS. Dependent children and grandchildren aged 21 or over may also qualify.
Importantly, a child born or adopted after 31 December 2020 may still be eligible even though the child was not a family member on that date, provided the relevant requirements are met.
Parents and Other Relatives
Dependent parents, grandparents and great-grandparents may qualify under the EUSS, subject to the applicable requirements and evidence of the family relationship and, where required, dependency.
The position is significantly more restrictive for other relatives such as brothers, sisters, aunts, uncles, nephews, nieces and cousins. They generally cannot now come to the UK as new joining family members under the EUSS simply because they are dependent on an EU citizen. Eligibility for these extended family members is usually limited to specific circumstances connected with residence and documentation held before the end of the Brexit transition period.
EU Settlement Scheme cases can be complex, particularly where family members are joining the UK after Brexit, relationships have changed, applications are being made late or dependency needs to be established. Westland Mark Immigration Specialists can assess eligibility and assist with EUSS Family Permits, Pre-Settled Status, Settled Status and applications for eligible family members.
