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.