The EEA Family Permit was an immigration route that allowed non-EEA family members to join or accompany EEA or Swiss nationals in the UK. It granted permission to live, work and study in the UK for up to six months and allowed unrestricted travel in and out of the country during that period.
This route closed to new applicants on 30 June 2021 following the UK’s departure from the EU and the end of free movement. Existing permits also ceased to be valid after that date. Individuals seeking to join EU, EEA or Swiss family members in the UK must now use alternative routes, such as the EU Settlement Scheme (EUSS) Family Permit or relevant UK family visas.
Importantly, EEA family permits are no longer be valid and new applications are no longer being accepted. Family members should instead consider options such as the EUSS family permit if you are a close family member of an EU, EEA or Swiss citizen who was living in the UK by 31 December 2020.
What was the EEA family permit?
The EEA Family Permit was designed to allow close and, in some cases, extended family members of EEA nationals to enter the UK to live with or join their relative. It was valid for six months and allowed the holder to work and study in the UK without restriction.
To qualify, the applicant had to be a non-EEA national with a qualifying family relationship to an EEA citizen who was either already in the UK by 31 December 2020 or planning to travel with them. The EEA citizen had to be considered a ‘qualified person’ under EU law (i.e. working, studying or self-sufficient with comprehensive sickness insurance).
Following Brexit, this route was phased out and replaced by domestic UK immigration rules.
Who could apply for an EEA family permit?
You could apply for an EEA Family Permit if you were a non-EEA family member of an EEA or Swiss national and the relationship existed before 31 December 2020. Eligible relationships included:
Spouse or civil partner
Unmarried partner (with proof of a durable relationship of at least two years)
Child or grandchild under 21
Dependent child or grandchild over 21
Dependent parent or grandparent
In limited circumstances, some extended family members and individuals with retained, derivative or Surinder Singh rights could also apply, but these categories are no longer recognised under the current rules.
The application had to be made from outside the UK, and supporting documents were required to prove the relationship and the EEA family member’s status in the UK.
What replaced the EEA family permit?
The EU Settlement Scheme Family Permit replaced the EEA Family Permit. It allows non-UK family members of EU, EEA or Swiss citizens to join or accompany their relatives in the UK, provided:
The EU, EEA or Swiss citizen has pre-settled or settled status under the EU Settlement Scheme
The family relationship existed before 31 December 2020
The applicant is outside the UK and applies for the permit before travelling
The EUSS Family Permit is free to apply for and valid for up to six months. Once in the UK, the holder can apply for pre-settled status, which can later lead to settled status after five years of continuous residence.
Staying in the UK after 30 June 2021
EEA Family Permits and UK-issued residence cards under EU law are no longer valid. Anyone who held one and wishes to remain in the UK must hold valid UK immigration status.
To remain in the UK lawfully, individuals must have either settled or pre-settled status under the EU Settlement Scheme, or a valid UK visa (e.g. Spouse Visa, Skilled Worker Visa). Late applications to the EU Settlement Scheme may still be possible in limited circumstances, but applicants must demonstrate reasonable grounds for missing the original deadline.
Visa options for relatives of UK citizens
Non-EEA family members of British citizens or settled persons who do not qualify under the EU Settlement Scheme may be eligible to apply under the UK’s family visa routes.
For spouses, civil partners or long-term cohabiting partners of British citizens or individuals with settled status. This visa allows the holder to live and work in the UK and can lead to settlement after five years. Applicants must meet eligibility criteria including the minimum income threshold, English language requirement and genuine relationship test.
For individuals planning to marry a British citizen or settled person in the UK. This visa allows entry for six months and requires the couple to marry within that period. After marriage, the applicant can apply to switch to the Spouse Visa route.
Need assistance?
DavidsonMorris is a leading UK immigration law firm. Our legal team will provide you with a professional, friendly, reliable service to help you proceed with the most appropriate route for your circumstances and to avoid any issues or delays with your application. For advice on your UK immigration options or for support with a Home Office application, contact us.
EEA Family Permit FAQs
What was the EEA Family Permit?
The EEA Family Permit was an immigration route that allowed non-EEA family members of EEA or Swiss citizens to enter and live in the UK before the end of the Brexit transition period.
Is the EEA Family Permit still valid?
The EEA Family Permit route closed to new applicants on 30 June 2021. It is no longer valid for travel to or entry into the UK.
Who was eligible for the EEA Family Permit?
It was available to non-EEA family members of EEA or Swiss nationals, including spouses, civil partners, unmarried partners, dependent children and dependent parents, provided the EEA national was exercising free movement rights in the UK.
What has replaced the EEA Family Permit?
The EU Settlement Scheme Family Permit has replaced the EEA Family Permit. It allows eligible family members to join EU, EEA or Swiss citizens living in the UK who have pre-settled or settled status.
Can I still apply for an EEA Family Permit?
The route is closed. If you are a family member of an EU, EEA or Swiss citizen, you may be eligible to apply for an EU Settlement Scheme Family Permit instead.
Is the EU Settlement Scheme Family Permit free?
There is no application fee for the EU Settlement Scheme Family Permit.
Does the EU Settlement Scheme Family Permit lead to settlement?
Yes, in most cases. Once in the UK, family members can apply for pre-settled status, which can later lead to settled status after five years of continuous residence.
What should employers check if someone presents an old EEA Family Permit?
Employers should no longer accept EEA Family Permits as evidence of right to work. The individual must hold valid immigration status under the EU Settlement Scheme or a visa issued under the UK’s points-based immigration system.
Can someone who held an EEA Family Permit stay in the UK long term?
Only if they applied for and were granted status under the EU Settlement Scheme before the relevant deadlines. The permit alone no longer provides lawful status in the UK.
Glossary
| Term | Definition |
|---|---|
| EEA Family Permit | A former UK immigration route for non-EEA family members of EEA or Swiss citizens to enter and live in the UK before Brexit. Closed to new applicants on 30 June 2021. |
| EU Settlement Scheme (EUSS) | A UK Government scheme allowing EU, EEA and Swiss citizens and their family members to apply for status to live, work and remain in the UK after Brexit. |
| EU Settlement Scheme Family Permit | A current UK immigration route allowing eligible non-UK family members of EUSS status holders to join them in the UK. Replaced the EEA Family Permit. |
| Settled Status | Indefinite leave to remain in the UK under the EU Settlement Scheme, granted to those with five years’ continuous residence. |
| Pre-settled Status | Temporary status under the EU Settlement Scheme granted to those who have not yet completed five years’ continuous residence in the UK. |
| Free Movement | The right of EU, EEA and Swiss citizens to live and work in any other member state without needing a visa or permit. Ended in the UK on 31 December 2020. |
| Non-EEA Family Member | A relative of an EEA or Swiss citizen who is not themselves an EU, EEA or Swiss national. This includes spouses, civil partners and dependent relatives. |
| Home Office | The UK Government department responsible for immigration, security, law enforcement and issuing visas and residence documentation. |
| Right to Work | The legal right of an individual to work in the UK, which must be verified by employers through valid immigration documentation. |
| Brexit | The United Kingdom’s withdrawal from the European Union, which ended the application of EU free movement rules in the UK on 31 December 2020. |
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
