What is the EU Settlement Scheme for Family Members?

The EU Settlement Scheme (EUSS) allows qualifying family members of EU, EEA, and Swiss citizens to secure their residence rights in the UK after Brexit.

Family members who meet the criteria may apply for either:

• Settled Status – if they have lived in the UK for a continuous 5-year period, or
• Pre-Settled Status – if they have lived in the UK for less than 5 years.

The scheme was introduced to protect the residence rights of EU citizens and their families under the Withdrawal Agreement.

Who Can Apply as a Family Member?

Family members who may apply under the EUSS include:

• Spouse, civil partner, or unmarried partner in a durable relationship.
• Child, grandchild, or great-grandchild under 21 of the EU/EEA/Swiss citizen or of their spouse/partner.
• Dependent child, grandchild, or great-grandchild over 21 (if financial or medical dependency is proven).
• Dependent parent, grandparent, or great-grandparent of the EU/EEA/Swiss citizen or of their spouse/partner.
• In some cases, other dependent relatives may qualify where dependency is evidenced.

Eligibility Requirements

1. Relationship Requirement

• Must be a qualifying family member of an eligible EU, EEA, or Swiss citizen.
• Relationship must have existed before 31 December 2020 (end of the transition period), unless you are a child born after this date.

2. Residence Requirement

• Must have been resident in the UK before 31 December 2020, unless joining a family member under the Withdrawal Agreement family reunion rules.

3. Dependency Requirement (where applicable)

• Parents, grandparents, adult children, and other relatives must demonstrate dependency, typically financial or medical.

4. Suitability Requirement

• Applicants must not fall under refusal grounds due to serious criminality or public policy considerations.

Rights under the Scheme

Family members granted status under the EUSS gain:

• The right to live and work in the UK.
• Access to healthcare, education, and public funds (where eligible).
• Protection from removal or deportation.
• A pathway to permanent residence and British citizenship.

Application Process

1. Online Application
   Apply through the Home Office EUSS portal.
2. Identity Verification
   Upload identity documents using the EU Exit: ID Document Check app (where possible) or attend an appointment.
3. Evidence of Relationship and Residence
   Provide documents proving family relationship and residence in the UK before 31 December 2020 (unless joining later under family reunion rights).
4. Decision
   Most applications are free of charge. Decisions are usually communicated by email.

Supporting Documents Checklist

Typical documents include:

• Valid passport or national ID card.
• Proof of family relationship (marriage certificate, birth certificate, civil partnership certificate).
• Proof of residence in the UK (utility bills, tenancy agreements, bank statements, school or medical records).
• Proof of dependency (where applicable, e.g., financial transfers, medical records).
• Evidence that the family relationship existed before 31 December 2020 (if required).

Fees and Costs

• Application fee: Free of charge.
• Biometric enrolment fee (if required): £19.20.

Processing Times

Standard processing is usually 3–6 months, but some complex cases (e.g., dependency or durable partners) may take longer.

What Happens After Status is Granted?

• Pre-Settled Status: Valid for 5 years. Can be upgraded to Settled Status once 5 years of continuous residence is completed.
• Settled Status: Indefinite right to remain in the UK. After holding settled status for 12 months, you may apply for British citizenship (if other requirements are met).

Key Points to Remember

• The EUSS protects the rights of EU citizens’ family members living in the UK before Brexit.
• Family members must prove their relationship and residence.
• Pre-Settled Status can lead to full Settled Status after 5 years.
• Status under the scheme provides full rights to work, study, and access services in the UK.
• Applications are free, but supporting evidence is critical for success.