Family Members of EU Nationals

Family Members of EU Nationals

If you have Pre-Settled or Settled Status and wish to bring your non-EU family member under the EU Scheme, you will be sponsoring them in the relevant category.

Spouses of EEA National

Spouses and Unmarried Partners of EEA nationals who hold Pre-Settled Status or Settled Status may be granted leave to remain in the UK based on their relationship with their EEA national sponsor. However, the rules vary depending on the date your relationship has started.

If you got married to your partner or had been living for twenty-four full, continuous, and consecutive months with an EEA national before 31 December 2020, your partner will be eligible to apply for an EUSS family permit and Pre-Settled Status. Their rights will be the same as the EEA national sponsor. They must apply for Pre-Settled Status within 90 days of arriving in the UK.

If the relationship does not fulfil the above requirements, your spouse or unmarried partner will need to apply under Appendix Family Members rules. Please see the Spouse Visa section of our website for entry clearance (initial arrival) rules.

 

Children of EEA National

If the child is born outside the UK after 31 December 2020 or your relationship started after 31 December 2020, you must follow the Appendix FM rules also.

 

An exception to this rule is any child born in the UK to an EEA National Parent with an EUSS Status. They are also required to apply for EUSS within 90 days of their birth. However, they get their parent(s)’ status directly without any prior residential requirements.

Furthermore, as per relevant citizenship rules, if a child is born in the UK to an EEA national parent with a Settled Status under EUSS, they’re born as British Citizens. 

Let’s look at the highlights

Pre-settled status

Pre-settled status signifies that your stay in the UK is restricted to five years. This duration allows you and your family members to accumulate the necessary five years of uninterrupted residence, a requirement for achieving full settled status.

Difference between settled and pre-settled status

Both settled and pre-settled statuses offer the rights to reside, work, and study in the UK. However, pre-settled status is limited to a five-year term, whereas settled status grants indefinite permission to stay and the possibility of acquiring British citizenship for you and your family members. Furthermore, pre-settled status can be lost after a 2-year absence from the UK, whereas settled status generally becomes void after 5 years of absence from the UK.

Cost

Application for pre-settled or settled status is free. However, if your relationship does not meet the relationship requirement based on the relationship start date, you will need to apply under Appendix FM, and there will be an application fee and IHS fee.

English Language Requirement

There is no English Language Requirement in the applications under the EU Settlement Scheme. If applying under Appendix FM, spouses and unmarried partners will be required to meet the English Language at the A1 level. There is no English Language requirement for children under the age of 18.

Frequently Asked Questions

If you married your partner or lived together for twenty-four full, continuous, and consecutive months with an EEA national before December 31, 2020, your partner is eligible to apply for an EUSS family permit and Pre-Settled Status. This grants them the same rights as the EEA national sponsor. The application for Pre-Settled Status must be made within 90 days of their arrival in the UK.

If your relationship does not fulfil the criteria mentioned in FAQ 1, your spouse or unmarried partner will need to apply under the Appendix Family Members rules. You can find entry clearance (initial arrival) rules for spouses in the Spouse Visa section of our website.

Children born outside the UK after December 31, 2020, or in relationships that began after that date must follow the Appendix FM rules. However, there is an exception for children born in the UK to an EEA National Parent with EUSS Status. They are also required to apply for EUSS within 90 days of their birth, but they receive their parent(s)’ status directly without any prior residential requirements.

According to relevant citizenship rules, if a child is born in the UK to an EEA national parent with Settled Status under EUSS, they are automatically considered British Citizens by birth.

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