If you are a family member of an EU, Swiss, Norwegian, Icelandic, or Liechtenstein national, or an eligible individual from Northern Ireland, you may be eligible to apply for an EUSS Family Permit from outside the UK. This permit may also be available to the family members of certain British citizens. Upon a successful application, you will receive an EUSS Family Permit valid for either 4 or 6 months. Before this permit expires, you should apply for pre-settled status under the EU Settlement Scheme (EUSS).

Aden & Co Solicitors offers top-tier immigration services with an exceptional track record, as evidenced by our 5-star Google Reviews rating from 99% of our clients. Our expert team of immigration solicitors provides high-quality, fixed-fee legal services and advice regarding your EUSS Family Permit application.

For expert guidance, you can either ask a question online for free immigration advice or schedule an appointment for comprehensive legal counsel with our experienced immigration solicitors regarding your application under the EU Settlement Scheme (EUSS).

Who Is Eligible for the EUSS Family Permit?

The EUSS Family Permit offers several pathways for eligibility, tailored to your specific situation.

Eligibility Based on Family Relationship to an EU, Swiss, Norwegian, Icelandic, or Liechtenstein National

You qualify for the EUSS Family Permit if your family member established residency in the UK by 31 December 2020. This includes relatives of British citizens, provided they meet one of the following criteria:

• EU, Swiss, Norwegian, Icelandic, or Liechtenstein Citizenship: Your family member must have originated from one of these countries and resided in the UK under free movement rights prior to acquiring British citizenship (often referred to as a ‘Lounes’ case).
• Dual Nationality with an EU Country or Switzerland, Norway, Iceland, or Liechtenstein: Your family member must have settled in the UK before 16 July 2012 without relying on free movement rights (commonly known as a ‘McCarthy’ case).

Additionally, you are eligible if your family member is based outside the UK but regularly commutes to the UK for work (classified as a ‘frontier worker’).

EUSS Family Permit for Those with a Past Family Member in the UK (Retained Right of Residence)

You may qualify for an EUSS Family Permit if you previously had a family member from the EU, Switzerland, Norway, Iceland, or Liechtenstein residing in the UK, but they have since passed away, departed the UK, or the familial relationship has ended. This status is referred to as having ‘retained the right of residence.’ For eligibility, your family member must have been residing in the UK on or before 31 December 2020. If they arrived in the UK after this date, you will typically require a visa for entry into the UK.

EUSS Family Permit for Relatives of a British Citizen (Surinder Singh Application)

If you are a family member of a British citizen and currently reside with them in an EU country, Switzerland, Norway, Iceland, or Liechtenstein, you can apply for an EUSS Family Permit. To qualify, you must have been cohabitating with your British family member by 31 December 2020. It is essential to submit your application for the EUSS Family Permit before returning to the UK. This process is known as a ‘Surinder Singh’ application.

EUSS Family Permit for Family Members of an Eligible Person of Northern Ireland

You may be eligible for an EUSS Family Permit if you have a family member who is classified as an eligible person of Northern Ireland. To meet this criterion, your family member must be an Irish, British, or dual British and Irish citizen born in Northern Ireland. Additionally, at the time of their birth, their parent(s) must have held British, Irish, or dual citizenship, or had no restrictions on their stay in Northern Ireland.

Validity Duration of the EUSS Family Permit: What You Need to Know

The EU Settlement Scheme (EUSS) family permit typically offers validity ranging from 4 to 6 months. If your application is granted more than 3 months prior to your intended arrival, the permit will be valid for 4 months from your specified arrival date. Conversely, if approval occurs within 3 months of your planned arrival, the permit will extend for 6 months from the date of the decision on your application.

During the permit’s validity, you are permitted to travel in and out of the UK freely. Additionally, it grants you the right to work or study within the UK.

Before your EUSS Family Permit expires, it is advisable to apply for pre-settled status under the EUSS. Successful applications typically result in pre-settled status, which allows you to remain in the UK for an additional 5 years. After residing in the UK for 5 years, you may apply for settled status, offering you the opportunity to secure permanent residency. For expert guidance on navigating this process, consult with Aden & Co Solicitors.

Fixed Fees for EU Settlement Scheme (EUSS) Applications

For comprehensive assistance with applications under the EU Settlement Scheme (EUSS), our fixed fees are detailed in the table below. These fees are provided by Aden & Co Solicitors and cover all necessary work until a decision is reached.