EEA applications under EU law – an EU Settlement Scheme

Applications under the EU Settlement Scheme.

After Brexit, the ways in which EEA citizens and their family members can travel to the UK have changed.

What was changed?

The EEA Family Permit is now the EU Settlement Scheme family permit (a EUSS family permit).

The EEA Residence card is no longer available and all EEA Nationals and their family members. However, they now can apply for pre-settled status under the EU Settlement Scheme.

The permanent residence card was replaced by settled status under the EU Settlement Scheme.

Extended family members

Extended family members can’t longer join EEA Nationals under the EEA Regulations 2016.

Unmarried partners

Non-EEA unmarried partners of the EEA Nationals can join their EEA National partners under the EU Settlement Scheme. They can do this by providing evidence of the long-term relationship by 31 December 2020.

This means demonstrating that they had been cohabiting together for 2 years. Evidence could include:

  • bank statements, utility bills, a tenancy or mortgage agreement, or other official correspondence that shows you and your partner at the same address
  • documents showing joint finances
  • documents showing joint business commitments
  • birth certificates or custody agreements showing that you shared responsibility for children while residing together
  • they’re still in the relationship when they apply
  • if they were living in the UK by 31 December 2020, they were living with valid leave to remain or a visa.

Settled status under the EU Settlement Scheme

An applicant can apply for settled status after they have lived in the UK, the Channel Islands or the Isle of Man for five years in a row. It is known as ‘continuous residence.

The 5 years’ period starts from the day the applicant started her and his continuous residence in the United Kingdom. It is not from the day he or she received their pre-settled status.

Pre-settled status under the EU Settlement Scheme

An EEA national and their family members had a chance to apply for a pre-settled status in order to confirm their immigration status.

However, the deadline for most people to apply to the EU Settlement Scheme was 30 June 2021.

If the applicant or his or her family are from the EU, Switzerland, Norway, Iceland or Liechtenstein they can still apply for the EU Settlement scheme. They or their family members have to demonstrate that they were living in the UK by 31 December 2020. In addition, they must either:

  • meet one of the criteria for a later deadline to make an application for pre-settled status
  • have ‘reasonable grounds’ for not making an application by 30 June 2021