EEA Family Permit: non-EU relatives of EEA citizens may visit the UK. With Brexit, many EEA nationals and their families are rightly worried about their rights to stay and work in the UK. You may have heard of the EEA Family Permit if you are the family of an EEA national. It isn’t essential but it can help ensure a hassle-free crossing to the UK.
What is an EEA Family Permit?
EEA Family Permit is a visa for relatives of EEA citizens who want to come to the UK. It’s especially relevant for non-EU family members of EEA citizens who wish to settle with their families in the UK following Brexit. Even though the EEA Family Permit first came into EU law, for certain applications it remains in force. But it is not the same as it was once the UK departed from the EU.
What is the Difference Between the EEA Family Permit and the EU Settlement Scheme Family Permit?
The EEA Family Permit and the EU Settlement Scheme (EUSS) Family Permit are two permits for non-EEA relatives to settle in the UK with their EEA or UK family. Here are the main differences:
- EEA Family Permit: This was before Brexit available in the EEA Regulations. However, the EEA Family Permit application closed after 30 June 2021. This permit can still be applied for if you have been living in the UK within EEA restrictions before Brexit.
- EUSS Family Permit: It is for the relatives of EEA citizens who have settled or pre-settled status under the EU Settlement Scheme. The EUSS Family Permit application process is still open and the application deadline hasn’t been reached.
How Can You Apply For an EEA Family Permit or EUSS Family Permit?
- You can apply for either the EEA Family Permit or the EUSS Family Permit if you are a family member of an EEA national who resided in the UK before the Brexit deadline (31 December 2020).
- If the EEA national is already pre-settled/settled under the EUSS, you will need to get the EUSS Family Permit rather than the EEA Family Permit.
- Surinder Singh Road: Spouses of British Residents in the Far East Surinder Singh Route: Wifes of British Citizens Abroad
- The Surinder Singh route is for non-EEA relatives of British nationals who worked and lived in an EEA state to apply for an EEA Family Permit back to the UK. This path was created so that UK nationals residing in non-EEA countries could bring their non-EU relatives back to the UK.
Candidates Can Apply For Surinder Singh Route.
- The British national should have spent three months living in another EEA member state in the exercise of their treaty rights (working or studying).
- Family members would have had to live with the British person in that country and be able to prove the relationship.
- The British national should apply for the EEA Family Permit within six months of his/her return to the UK.
Application Form for EEA Family Permit or EUSS Family Permit?
Applications for these permits go through two phases:
- Applications: Apply for an EEA Family Permit or EUSS Family Permit from outside the UK. You’ll be permitted to come into the UK for up to 6 months under this permit.
- Biometric Residence Permit (BRP): You can become pre-settled under the EU Settlement Scheme (EUSS) after arriving in the UK. That’s by making a biometric appointment and bringing in fingerprints and photos. Then you’ll get a BRP that proves you’re legal in the UK.
EEA Family Permit Revocation
If: The EEA Family Permit may be canceled if:
- This family member is an EEA national and no longer eligible for permanent residence in the UK.
- You are no longer a family member of the EEA national.
- Revocation: public policy, security, or medical reasons.
- When your permit is canceled, you may have to get legal advice so you can stay in the UK.
Price of the EEA Family Permit.
The beauty of the EEA Family Permit is that you don’t have to pay. It’s valid for 6 months and you can stay both in and out of the UK throughout. Six months later you could seek an EEA Residence Card to stay in the UK.
Law and Visas Contributed to Our Clients’ Success: Client Testimonial How Law and Visas Accompanied Us.
As one client wrote, “Law and Visas saved my life. I was guided through the application process by them. They gave us good, honest tips, and they were patient and helpful throughout. I highly recommend their services!”
The end of the Brexit transition period has put many EEA nationals and their loved ones at risk of staying in the UK. So, if you are the non-EU spouse of an EEA national, there are different routes (EEA Family Permit, EUSS Family Permit). You would need specialist legal counsel to help you work your way through the intricate rules if you are re-entering the UK by the Surinder Singh route.
Law and Visas can advise you on your EEA Family Permit or EU Settlement Scheme Family Permit application. Call us to get personalized, personal guidance based on your needs.
