What is EU Settlement Scheme Family Permit in the UK?
Overview to the EU Settlement Scheme Family Permit
Introduction to the EU Settlement Scheme Family Permit
The EU Settlement Scheme Family Permit is designed to facilitate the entry of non-EEA family members into the UK, to join or accompany their EEA or Swiss family members who are already residents under the EU Settlement Scheme. This family permit is crucial for those whose family members have settled or pre-settled status, or have applied and are awaiting a decision in the UK.
Eligibility and Application Process
Eligibility for the EU Settlement Scheme Family Permit includes various groups such as family members of EEA or Swiss nationals, Irish citizens, and eligible persons from Northern Ireland, as well as family members of British citizens under certain conditions. For instance, family members of EEA or Swiss nationals who began residing in the UK by December 31, 2020, are eligible to apply. This also extends to those EEA or Swiss nationals who later acquired British citizenship but had lived in the UK as EEA nationals before their naturalization.
Applicants must be outside the UK to initiate their application, and the permit itself is issued for up to six months, allowing the holder to work, study, and travel in and out of the UK during its validity. There is no fee for applying for this permit, and applicants are not required to pay the immigration health surcharge.
Documents and Evidence Required
Applicants need to provide proof of their identity, generally a valid passport or national identity card if they are from the EU, Switzerland, Norway, Iceland, or Liechtenstein. Additional documents required include proof of the relationship and residence status of the EEA or Swiss national in the UK by December 31, 2020. This can include marriage certificates, proof of a durable relationship, or evidence of the family member’s settled or pre-settled status in the UK.
Validity and Rights Under the Permit
The EU Settlement Scheme Family Permit allows multiple entries into the UK within its validity period. Importantly, if holders wish to extend their stay beyond the initial six months, they must apply within the UK for further leave under the EU Settlement Scheme, assuming they meet the eligibility criteria for pre-settled or settled status.
This initial part of the article serves as a foundation for understanding the scope and purpose of the EU Settlement Scheme Family Permit, providing essential information on eligibility, application processes, and the rights afforded to permit holders. The subsequent sections will delve into more detailed aspects of the application process, specific scenarios for different applicant categories, and practical advice for navigating the complexities of immigration procedures associated with the permit.
Specific Scenarios and Detailed Requirements
Special Cases and Considerations
Certain scenarios require particular attention when applying for the EU Settlement Scheme Family Permit. For instance, if you’re a family member of a British citizen (often referred to as the “Surinder Singh route”), and you both lived in an EU, EEA country, or Switzerland prior to January 1, 2021, you may be eligible. This route requires that the British citizen was exercising their EU Treaty Rights in another EU country before returning to the UK.
Another significant case involves children and extended family members. If you are applying as a dependent child, grandchild, or parent, you need to prove your dependency or your relationship status as of December 31, 2020. This might involve providing financial dependency evidence or documentation of living arrangements.
Retained Rights of Residence
In situations where an EEA or Swiss national has died, left the UK, or the family relationship has broken down, non-EEA family members may still apply under retained rights of residence. This allows individuals who might otherwise lose their right to stay in the UK to maintain their residence based on previous conditions.
Applying from Outside the UK
All applications for the EU Settlement Scheme Family Permit must be made from outside the UK. This is essential for ensuring that the entry clearance is correctly processed before arriving in the UK. The application process is entirely online, which simplifies submissions and supporting document uploads.
Documents to Gather
The application process requires various documents, depending on your specific situation. Generally, you will need to provide:
- Evidence of your relationship to the EEA or Swiss national (e.g., marriage certificate, proof of a durable relationship).
- Proof of your identity and nationality (passport or national identity card).
- Evidence that your EEA or Swiss family member was residing in the UK by December 31, 2020, if applicable.
- Documentation confirming the family member’s status under the EU Settlement Scheme (either settled or pre-settled status) if they have already applied.
Exemptions and Special Considerations
In certain circumstances, if you cannot provide standard identity documents due to serious reasons such as medical conditions, alternative proofs can be accepted. These situations are assessed on a case-by-case basis, ensuring that the application process is flexible and considers individual circumstances
Understanding the Difference Between the “EU Settlement Scheme Family Permit” and “EEA Family Permit” in the UK
The landscape of immigration in the United Kingdom has undergone significant changes post-Brexit, particularly concerning the movement and residency rights of EU, EEA (European Economic Area), and Swiss nationals, along with their family members. Two key elements of this transition are the “EU Settlement Scheme Family Permit” and the “EEA Family Permit.” These permits serve related but distinct purposes in the context of UK immigration. This article explores their differences, focusing on purpose, eligibility, application processes, and validity.
Historical Context and Purpose
EEA Family Permit: Historically, the EEA Family Permit was designed to facilitate the entry of non-EEA family members of EEA nationals into the UK, leveraging the rights granted under EU freedom of movement. This permit was crucial for family members who were neither EEA nor Swiss nationals themselves, allowing them to join their EEA relatives living in the UK.
EU Settlement Scheme Family Permit: Introduced as part of the UK’s post-Brexit immigration framework, the EU Settlement Scheme Family Permit serves a similar purpose but under a different regulatory environment. This permit is aimed at non-EEA family members of EEA or Swiss nationals who are already residents in the UK under the EU Settlement Scheme. This scheme was necessitated by the end of freedom of movement following the UK’s departure from the EU.
Eligibility and Application Criteria
EEA Family Permit: Eligibility for the EEA Family Permit required the EEA national to either be already residing in the UK or planning to move to the UK within six months. The permit was available to spouses, civil partners, dependent children, and other dependent relatives. The key requirement was that the EEA national exercised their treaty rights in the UK through working, studying, or being self-sufficient.
EU Settlement Scheme Family Permit: In contrast, eligibility for the EU Settlement Scheme Family Permit hinges on the EEA or Swiss national having pre-settled or settled status under the EU Settlement Scheme, or having applied and awaiting a decision. The relationships covered are similar to those under the EEA Family Permit, but the context is specifically tailored to the post-Brexit status of EEA nationals in the UK.
Application Process and Validity
EEA Family Permit: The application process for the EEA Family Permit was straightforward and free of charge, mirroring other visa applications. The permit was valid for six months, providing ample time for the holder to join their family member in the UK and apply for further leave to remain if desired.
EU Settlement Scheme Family Permit: Similarly, the application for an EU Settlement Scheme Family Permit is also free and completed online. However, this permit explicitly serves as a bridge for family members to join EEA nationals who have already established residency under the stricter post-Brexit regulations. The permit allows multiple entries into the UK during its six-month validity.
Transitional Provisions and Current Status
As of June 30, 2021, the EEA Family Permit has been phased out and replaced by the EU Settlement Scheme Family Permit. This change reflects the broader shift in UK immigration policy away from EU law and towards a distinct UK-centric system. Individuals who previously would have applied for an EEA Family Permit must now navigate the EU Settlement Scheme, assuming their EEA relative has successfully applied for settled or pre-settled status.
The transition from the EEA Family Permit to the EU Settlement Scheme Family Permit marks a significant pivot in the UK’s approach to family-based immigration post-Brexit. Understanding the nuances between these two permits is crucial for potential applicants to ensure they meet the specific criteria and apply through the correct channels, reflecting the ongoing changes in UK immigration law. The shift not only underscores the legal and procedural adjustments following Brexit but also highlights the UK’s effort to integrate existing EEA residents while managing new entries through a controlled and status-based system.
How to Apply for the UK Visa under EU Settlement Scheme Family Permit: A Step-by-Step Guide
Applying for a UK visa under the EU Settlement Scheme Family Permit can be crucial for family members of EEA or Swiss nationals who are already in the UK under the EU Settlement Scheme. This guide provides a step-by-step process to navigate the application effectively, ensuring that you understand each stage and requirement.
Step 1: Determine Your Eligibility
Before applying, ensure that you meet the eligibility criteria:
- You must be a family member (spouse, civil partner, dependent child, or parent) of an EEA or Swiss national who is residing in the UK under the EU Settlement Scheme.
- The EEA or Swiss national must either have pre-settled or settled status, or must have applied and be awaiting a decision.
- You must be applying from outside the UK.
Step 2: Gather Necessary Documents
You will need the following documents:
- A valid passport or national identity card.
- Proof of your relationship to the EEA or Swiss national (e.g., marriage certificate, birth certificate for children, proof of dependency for parents).
- Evidence that your EEA or Swiss family member was living in the UK by December 31, 2020, and continues to do so.
- If applicable, your family member’s reference number from their EU Settlement Scheme application.
Step 3: Complete the Online Application
The application for the EU Settlement Scheme Family Permit must be completed online through the UK government’s official website. You will need to fill out the application form accurately, providing all requested information and attaching electronic copies of your supporting documents.
Step 4: Submit Biometric Information
After submitting your online application, you will be instructed to provide your biometric information (fingerprints and a photograph). This is typically done at a visa application center in your country of residence. You’ll need to book an appointment at a center, which can usually be done through the website where you submitted your online application.
Step 5: Attend an Interview (if required)
In some cases, you may be required to attend an interview where you will be asked questions about your application and your relationship with the EEA or Swiss national. This is more common in complex cases or if there are discrepancies in your application.
Step 6: Wait for a Decision
The processing time can vary depending on the volume of applications and the specific circumstances of your case. Typically, decisions are made within a few weeks of the application being submitted, but it can take longer during busy periods or if additional information is needed.
Step 7: Receive Your Permit
If your application is successful, you will receive your EU Settlement Scheme Family Permit, which will allow you to enter the UK. The permit is usually valid for six months, and during this time, you can enter and leave the UK multiple times.
Step 8: Apply for Pre-Settled or Settled Status (if planning to stay longer)
Upon arriving in the UK, if you plan to stay longer, you should apply for pre-settled or settled status under the EU Settlement Scheme to regularize your stay. This application should ideally be done before your family permit expires.
Tips for a Successful Application
- Ensure all documents are up-to-date and accurately reflect your current circumstances.
- Provide clear copies of all documents; unclear copies can delay the process.
- Be honest and thorough in your application to avoid any potential refusal or delay.
By following these steps, you can effectively manage your application process for an EU Settlement Scheme Family Permit. It’s important to stay organized and keep track of all necessary documents and deadlines to ensure a smooth process. Always refer to the official UK government website for the most current information and detailed guidance.
How Can a UK Visa Consultant Help You to Apply for the UK Visa under EU Settlement Scheme Family Permit
Navigating the complexities of immigration procedures can be daunting, especially when dealing with the intricacies of the EU Settlement Scheme Family Permit in the UK. A UK visa consultant can play a pivotal role in this process, offering expertise and personalized assistance to ensure a smooth and successful application. This article outlines the key ways in which a UK visa consultant can assist applicants seeking to apply under this scheme.
Expert Guidance on Eligibility
One of the primary roles of a UK visa consultant is to provide expert advice on eligibility. They can assess your specific situation to determine if you qualify for the EU Settlement Scheme Family Permit based on your relationship with an EEA or Swiss national living in the UK. Consultants stay updated on the latest immigration laws and policy changes, ensuring that the advice they provide aligns with current regulations.
Document Preparation and Verification
A significant part of the application process involves gathering and preparing the right documents. Visa consultants can help you understand which documents are necessary, how to obtain them, and in what format they need to be submitted. This might include proof of relationship, evidence of the EEA or Swiss national’s residence in the UK, and your own identity documents. Consultants ensure these documents are correctly formatted, verified, and likely to be accepted by UK immigration authorities.
Application Completion and Submission
Filling out immigration forms can be complex and time-consuming. Visa consultants are experienced in handling these forms and can help ensure that your application is complete, accurate, and free of errors that could lead to delays or rejections. They can also manage the submission process, making sure that your application is submitted in a timely manner and in accordance with all procedural requirements.
Biometric Submission and Interview Preparation
If your application requires biometric information or an interview, a visa consultant can guide you through these processes. They can provide information on what to expect, where to go, and how to present yourself. For interviews, consultants can offer coaching on the types of questions you might be asked and the best responses, significantly increasing your chances of a successful outcome.
Monitoring Application Progress
After submission, visa consultants can monitor the status of your application, keeping you updated on its progress and any additional steps you may need to take. If there are delays or issues, a consultant can intervene on your behalf, contacting the relevant authorities to clarify situations or push for a resolution.
Dealing with Complex Cases
For applicants facing complex immigration situations, such as previous immigration history issues, rejections, or appeals, a UK visa consultant is particularly valuable. They have experience navigating these challenges and can offer strategic advice and representation that might be crucial for overcoming such hurdles.
Long-Term Immigration Planning
Beyond the initial application, visa consultants can assist with long-term immigration planning. This includes advising on transitioning from the family permit to pre-settled or settled status and eventually to permanent residency if desired. Consultants can prepare you for the requirements of these subsequent applications, ensuring continuity in your legal status in the UK.
Personalized Support and Reassurance
Applying for a visa can be a stressful experience, filled with uncertainty and anxiety about the outcome. Visa consultants provide not just expert advice but also emotional support and reassurance throughout the process. They understand the stakes involved and work diligently to ensure that your experience is as smooth and stress-free as possible.
The assistance of a UK visa consultant in applying for an EU Settlement Scheme Family Permit can be invaluable. Their expertise in immigration law, personalized support, and proactive management of your application can significantly enhance the likelihood of a successful outcome. By leveraging their knowledge and skills, you can navigate the complexities of the application process more effectively and with greater confidence, increasing your chances of joining or remaining with your family in the UK.
FAQs
Q1: Can I apply for the EU Settlement Scheme Family Permit if I am a non-EU national but married to an EU national who has settled status in the UK?
A: Yes, non-EU nationals who are married to EU nationals with settled status in the UK are eligible to apply for the EU Settlement Scheme Family Permit. This permit allows you to enter and stay in the UK to join your spouse.
Q2: How long can I stay in the UK with an EU Settlement Scheme Family Permit?
A: The EU Settlement Scheme Family Permit allows you to stay in the UK for up to six months. You can enter and exit the UK multiple times within this period.
Q3: Is there a fee to apply for the EU Settlement Scheme Family Permit?
A: No, there is no application fee for the EU Settlement Scheme Family Permit, making it accessible without any cost to the applicant.
Q4: Can I work in the UK with an EU Settlement Scheme Family Permit?
A: Yes, holders of an EU Settlement Scheme Family Permit are allowed to work in the UK during the validity of their permit.
Q5: How do I prove my relationship to the EU national when applying for the permit?
A: You need to provide documentation such as marriage certificates, civil partnership certificates, or proof of a long-term relationship, such as joint bank account statements or joint tenancy agreements.
Q6: What happens if my EU Settlement Scheme Family Permit expires while I am in the UK?
A: Before your permit expires, you should apply for pre-settled or settled status under the EU Settlement Scheme to extend your stay legally in the UK.
Q7: Can I study in the UK with an EU Settlement Scheme Family Permit?
A: Yes, you can undertake studies in the UK while your EU Settlement Scheme Family Permit is valid.
Q8: What should I do if my application for an EU Settlement Scheme Family Permit is denied?
A: If your application is denied, you will receive a letter explaining the reasons for the refusal. You can apply for a review of the decision if you believe it was incorrect or apply again with additional supporting documents.
Q9: Can children apply for the EU Settlement Scheme Family Permit to join their parents in the UK?
A: Yes, children can apply for the EU Settlement Scheme Family Permit as dependents if one or both parents are EU nationals with settled or pre-settled status in the UK.
Q10: Do I need to have a job offer in the UK to apply for the EU Settlement Scheme Family Permit?
A: No, you do not need a job offer to apply for the EU Settlement Scheme Family Permit. The main requirement is being a family member of an EU national with settled or pre-settled status in the UK.
Q11: Can I travel outside the UK and return with the EU Settlement Scheme Family Permit?
A: Yes, the EU Settlement Scheme Family Permit allows multiple entries into the UK during its validity period.
Q12: What is the processing time for the EU Settlement Scheme Family Permit application?
A: The processing time can vary, but typically, applications are processed within a few weeks from the date of submission.
Q13: Can I extend the EU Settlement Scheme Family Permit once it expires?
A: The EU Settlement Scheme Family Permit itself cannot be extended. However, you can apply for pre-settled or settled status to extend your stay in the UK.
Q14: Is health insurance required to apply for the EU Settlement Scheme Family Permit?
A: Health insurance is not a requirement for applying for the EU Settlement Scheme Family Permit, although having health insurance is advisable until you are covered by the UK’s National Health Service (NHS).
Q15: How can I track the status of my EU Settlement Scheme Family Permit application?
A: You can track the status of your application through the online service provided by the UK government where you submitted your application.
Q16: Are there any language requirements for the EU Settlement Scheme Family Permit?
A: There are no language requirements for the EU Settlement Scheme Family Permit.
Q17: What kind of support can I expect from the UK government once I arrive with an EU Settlement Scheme Family Permit?
A: While the UK government provides resources and guidance on settling in the UK, it is advisable to seek additional support from local community organizations or immigration advisory services.
Q18: Can I bring my pet to the UK under the EU Settlement Scheme Family Permit?
A: Bringing pets to the UK is governed by specific regulations unrelated to the EU Settlement Scheme Family Permit. You will need to comply with the UK’s pet travel scheme.
Q19: What happens if I divorce my EU national spouse after moving to the UK?
A: If you divorce after moving to the UK, you may still qualify to stay under certain conditions. It’s advisable to consult an immigration lawyer to explore your options based on your circumstances., etc.
Q20: If my EU Settlement Scheme Family Permit is approved, what next steps should I take upon arriving in the UK?
A: Upon arriving in the UK with an EU Settlement Scheme Family Permit, you should consider applying for pre-settled or settled status as soon as possible to secure your long-term residency rights. Additionally, registering with a local doctor and updating your address with the Home Office would be beneficial for integrating into the UK system.
