Which is best? EUSS Family Permit VS EEA Family Permit 🇬🇧 ✅

This video is about the EEA Family Permit and the EUSS Family Permit.

Currently, there are two schemes running in parallel: the EU Settlement Scheme Family Permit; and the EEA Family Permit (https://www.gov.uk/family-permit). The one which you apply for will depend on the circumstances surrounding the application.

Who can apply for an EUSS Family Permit?

The EU Settlement Scheme Family Permit (https://www.gov.uk/guidance/immigrati...) is for “close family members” of an EEA or Swiss national and that national has settled or pre-settled status under the EU Settlement Scheme. A “close family member” as defined under Annex 1 of Appendix EU (Family Permit) as:

• Spouse or civil partner of a relevant EEA citizen;
• Durable partner of the relevant EEA citizen;
• Child or dependent parent (or grandparent/great-grandparent) of the relevant EEA citizen; or
• Child (or grandchild/great-grandchild) or dependent partner of the spouse or civil partner of a relevant EEA citizen.

Who can apply for an EEA Family Permit?

In order to apply for an EEA Family Permit (http://www.legislation.gov.uk/uksi/20..., you can be a close or extended family member of an EEA or Swiss national. The casework guidance for EEA Family Permits states that there is no limit on the distance of the relationship between the EEA national and the extended family member as long they can provide valid proof of the relationship between them. However, from 1 February 2017, the rights of extended family members only applies to relatives of the EEA national and not to relatives of the EEA national’s spouse or civil partner (https://assets.publishing.service.gov...) (see Bennadji v Secretary of State for the Home Department - https://tribunalsdecisions.service.go....

So, those family members who may apply under an EEA Family Permit are as follows (Regulation 7 and 8 EEA 2016 Regs) (http://www.legislation.gov.uk/uksi/20...

• the spouse or civil partner of the relevant EEA national;
• the direct descendants of the relevant EEA national or their spouse of civil partner who are either:
o under 21; or
o dependents of the relevant EEA national or their civil partner;
• the dependent direct relatives in the relevant EEA nationals ascending line or the ascending line of their spouse or civil partner; or
• an dependent extended family member of the relevant EEA national.

What is the difference between an EEA Family Permit and an EUSS Family Permit?

Under the EUSS, for dependent parents (or indeed grandparents) of the relevant EEA citizen (or the relevant EEA citizen’s spouse or civil partner) dependency is presumed without the need for evidence. This applies only where the EEA citizen is over 18 at the time of the application. Evidence of dependency will still be required for a child over the age of 21. This differs from the EEA family permit where documentary evidence of dependence would be required for both of these categories of applicant.

There is no difference in terms of the rights of EEA family members across the two routes.

Could a mother-in-law apply under either route?

A mother-in-law can apply under both routes:

• as a dependent parent of the relevant EEA citizen’s spouse or civil partner under the EUSS; or
• as a dependent direct relative of the EEA citizen’s spouse or civil partner on an EEA Family Permit.

It may be preferable for the mother to apply under the EUSS, as her dependency will be presumed without the need for evidence if the relevant EEA citizen is over the age of 18.

Could a sister-in-law apply under either route?

A sister-in-law could not apply under either route unless, for an EEA family permit, she had prior to the 1st February 2017 been issued with:

“(i) an EEA family permit;
(ii) a registration certificate; or
(iii) a residence card; and
(b) has since the most recent issue of a document satisfying sub-paragraph (a) been continuously resident in the United Kingdom” (Regulation 8, EEA Regs 2016) (http://www.legislation.gov.uk/uksi/20...)

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DISCLAIMER: This video is for general information purposes only and does not constitute legal or professional advice. It should not be used as a substitute for legal advice relating to your particular circumstances. Please note that the law may have changed since the date of this video.