What family members can apply for the EU Settlement Scheme?

Family members of eligible EU, EEA, or Swiss citizens can apply for the EU Settlement Scheme if they meet certain criteria. Family members include:

• Spouses or civil partners,
• Unmarried partners in a durable relationship (similar to a marriage or civil partnership),
• Children, grandchildren, or stepchildren under 21 years old,
• Dependent children or grandchildren over 21 years old,
• Dependent parents, grandparents, or step-parents/-grandparents; or,
• Dependent relatives with a relevant document (such as a residence card) to prove their relationship before 31 December 2020.

Family members are split into two categories under the EU Settlement Scheme:

• Family members of a relevant EEA citizen – those family members with their own residence in the UK before 31 December 2020
• Joining family members – those family members who were not living in the UK by 31 December 2020, so they are ‘joining’ their relevant sponsor after that date.

How the Home Office assesses this depends on the type of relationship. However, you must show that you were a family member before 31 December 2020. 

Who can apply for the EU Settlement Scheme as a family member with residence in the UK before 31 December 2020?

Essentially, this category is for those family members who were already living in the UK before 31 December 2020, to secure their rights to remain with their EU/EEA sponsor.

To be eligible, family members of EU, EEA, or Swiss citizens must have been living in the UK before 31 December 2020. They must still be continuously resident in the UK with their EU, EEA, or Swiss family member, who also holds status or have applied for the EU Settlement Scheme.

If your application is approved, you will receive either settled or pre-settled status, depending on the length of your continuous residence in the UK. Remember to update your details if your personal circumstances change and apply for settled status after completing five years of continuous residence in the UK (if you initially receive pre-settled status).

Who can apply to the EU Settlement Scheme as a Joining Family Member living outside the UK?

Family members of EU, EEA, or Swiss citizens who are living outside the UK may still be eligible to apply for the EU Settlement Scheme, provided they meet certain requirements. These family members include spouses or civil partners, unmarried partners, dependent children or grandchildren, and dependent parents or grandparents. It is no longer possible to sponsor what the Home Office consider to be ‘extended’ family members. 

To be eligible to apply for the EU Settlement Scheme from outside the UK, the family member must (aside from children), have evidence they have been in a relationship with the EU, EEA, or Swiss citizen before December 31, 2020, and the relationship must still exist. The family member must also be joining or accompanying the EU, EEA, or Swiss citizen to the UK.

If the family member is an EU national and they are eligible, they should apply for EU settled status or pre-settled status to enter the UK. If this is approved, they can travel to the UK to join or accompany their EU, EEA, or Swiss family member.

If the family member is a non-EU national and they are eligible, they should apply for an EU Settlement Scheme Family Permit to enter the UK. This permit allows them to come to the UK to join or accompany their EU, EEA, or Swiss family member. Once they arrive in the UK, they can apply for pre-settled status under the EU Settlement Scheme. The application must be made within 3 months of arrival, otherwise it may be considered a late application and could be rejected.

To apply for an EU Settlement Scheme Family Permit, the family member must:

• Gather the necessary documents. Proof of identity (valid passport), proof of relationship to the EU, EEA, or Swiss family member (marriage certificate, birth certificate, etc.), and evidence of their family member’s residence in the UK, or, proof of their status under the EU Settlement Scheme.
• Complete the online application form.
• Pay the application fee, if applicable. 
• Attend a visa application centre appointment in their country of residence to provide biometric information (fingerprints and a digital photograph) and submit the required documents.

If the Family Permit is approved, they can travel to the UK to join or accompany their EU, EEA, or Swiss family member. Once they arrive in the UK, they must apply to the EU Settlement Scheme for pre-settled or settled status.

How do I prove dependency for the EU Settlement Scheme?

For applications involving parents or children over the age of 21, you must show that they are dependent on the EEA/EU national or relevant sponsor. You must provide sufficient evidence demonstrating that the family member relies on the sponsor for their essential living needs. 

Dependency can encompass financial, social (emotional) support, or needs linked to health conditions. Dependency can be partial as in the family member does not need to be wholly reliant on the sponsor, although these applications are scrutinised closely. Dependency is assessed based on the family member’s current circumstances, although evidence of past dependency is often helpful to show genuineness and continuity.

In practice, establishing dependency can be complex, and the Home Office is known to scrutinise this requirement closely and even go above what is required legally in their assessment. If you are sponsoring a dependent family member, we suggest you seek legal advice to ensure the strongest possible application.

The dependency rules under the EU Settlement Scheme differ from the rules for family members of British or settled persons in the UK. If you are unsure which rules apply to your situation, you should seek legal advice.