What is a Family Permit?
Generally speaking, a Family permit application allows a family member of someone entitled to immigration status in the UK due to the EU Settlement Scheme (EUSS) to join their UK-based family member. You can submit this type of Application only from outside the UK.
What are the conditions for a Family Permit?
You must be a family member of an EU, EEA, or Swiss citizen living in the UK, and you must meet all the requirements of the Immigration Rules; if you are eligible, you can apply online for a Family Permit to come to the UK.
What are the requirements for the EUSS Family Permit application?
- You are the eligible family member (spouse, civil partner, unmarried partner, child/grandchild under 21, dependent child/grandchild over 21, dependant parent/grandparent) of a person entitled to immigration status in the UK as a result of the EU Settlement Scheme (EUSS)
- Your UK-based family member was living in the UK by 31 December 2020
- Your family relationship with the UK-based family member began before 31 December 2020
- Your family member is already in the UK or will be travelling with you to the UK.
You must submit a valid passport and evidence of your relationship with your EU/EEA/Swiss family member. Additionally, you must provide proof of your family member's lawful residence in the UK.
Who is eligible to apply for a EUSS Family Permit?
Spouse
According to Appendix EU, you must have been married or considered a Durable Partner before 31 December 2020.
A durable partner means that the person has been in a genuine, long-lasting relationship similar to a marriage with an EEA citizen for at least two years, they lived together during that time, and the relationship is continuous. If the Durable Partner had been living in the UK before, additional requirements must be met.
Civil Partners or Durable Partners
You must have entered a civil partnership before 31 December 2020 or been recognised as a Durable Partner.
Children under 21
This category includes direct descendants, children, grandchildren, and great-grandchildren of an eligible EU/EEA/Swiss citizen with immigration status in the UK under the EU Settlement Scheme.
Dependent child or grandchild over 21, dependant parent or grandparent
The legal requirements are complex in this category. ‘Dependent’ refers to an individual who, as proven by applicable financial, medical, or other records, cannot meet their essential living needs (either completely or partially) for the relevant period without the financial or other material assistance of a relevant EEA citizen (or qualifying British citizen or relevant sponsor) or their spouse or civil partner; and the individual receives ongoing support. There may be additional conditions based on your circumstances.
Suppose you are considering applying for the EU Settlement Scheme. In that case, we recommend that you contact us to speak to our Immigration Lawyer, who can help you determine if you are eligible and can provide you with a list of the documents that you need to submit.
How do I apply for a Family Permit?
The Application for a Family Permit can only be submitted online. You will be required to provide information about your family relationship and details about the UK-based family member, including the reference number of their EUSS pre-settled or settled status. After you submit the online Application, you will be directed to the UKVI’s commercial partner dealing with the biometrics enrolment. You must attend the appointment for the biometrics at the designated location. You can scan and upload your documents using the online system or bring them to the appointment and have them scanned and uploaded for an additional fee.
What are the fees for a Family Permit application?
Family permit applications are free of charge. You will have to pay for the biometrics enrolment and additional services if required.
Processing time of Family Permit applications
The Home Office's website states that this category's waiting time is 24 weeks. We have seen an average waiting time of around three months from past Family Permit applications.
What do I get when the Application for Family Permit is approved?
If your Application for a Family Permit is approved, you get your passport back, and a visa vignette is applied. You must travel to the UK while the visa is valid. You must apply for a UK residence permit during the first three months after your arrival date.
What documents are required for a Family Permit application?
- Identification documents (e.g., passport)
- Proof of your relationship with your UK-based family member
- Evidence of your family member's immigration status in the UK under the EU Settlement Scheme
The above is a non-exhaustive list of documents evidencing the family relationship. For the complete list, you will need to check a considerable amount of Home Office guidance and apply it to your immigration history and personal circumstances.
What are the advantages of getting a Family Permit?
The most significant advantage is that there is no fee for a Family Permit application and no Immigration Health Surcharge.
Why may a Family Permit application be refused?
- Insufficient evidence of the family relationship as a durable partner – the Home Office’s approach in these cases is restrictive; this is a frequent reason for refusing Family Permit applications.
- Failure to provide documents regarding the UK-based family member
- Using the wrong application form leads to a refusal
- The Applicant provides wrong evidence of their nationality or fails to attend the biometric enrolment
Do I need an Immigration Lawyer for my Family Permit application?
Suppose you or your family member meet all the requirements, have a continuous residence, and record in your HMRC account through employment or self-employment. In that case, these applications can be straightforward and require minimum effort from an applicant. Not all applicants are in this situation.
The Home Office applies a strict approach when dealing with applications made by dependant family members and durable partners, and the rate of refusals is high. You should be aware that an immigration refusal may damage your immigration history and can result in subsequent refusals from the Home Office.
Contact our team of Immigration Lawyers to improve your chances when dealing with the Home Office. We will analyse your case and provide you with a suitable solution.
