EEA Family Permit after Brexit

EEA Family Permit after Brexit

If you're from the EU, European Economic Area (EEA) or Switzerland every member of your family should apply to stay in the UK after Brexit. This includes your family members who are citizens of countries outside the EU, EEA or Switzerland. The EEA includes EU countries and also Iceland, Liechtenstein and Norway.

The deadlines for bringing family to live in the UK.

To apply for 'pre-settled' or 'settled status', your family members need to be in the UK by 31 December 2020. If they aren't in the UK by that date, they can only join you if both:

  • you have pre-settled or settled status under the EU Settlement Scheme
  • your relationship began before 31 December 2020

Bringing citizens of countries outside the EU, EEA or Switzerland.

If your family members are citizens of countries outside the EU, EEA or Switzerland, they should apply for a family permit to enter the UK. They need to be outside the UK to apply. The permit is free to apply for and will be valid for 6 months. They might be eligible for an:

  • EEA family permit
  • EU Settlement Scheme family permit

Can I still apply for EEA Family Permit after Brexit?

Yes, according to the immigration rules there will be no change to the rights and status of EU citizens currently living in the UK until 30 June 2021. You and your family can apply to the EU Settlement Scheme to continue living in the UK. The guidelines for EEA Family Permits as under the Immigration Rules allow applications from the family members of EEA nationals (either currently living in the UK or intending to exercise their treaty rights) to join the EEA national in the UK.

EEA family members of an EEA national residing in the UK at the time of Brexit will not be able to come to the UK after the date Brexit occurs and register under the EU Settlement Scheme. Instead, they will have to come to the UK and if they stay for longer than 3 months apply for European temporary leave to remain. This will grant individuals the right to remain in the UK for up to 36 months but will not lead to settlement. If the EEA national wishes to remain in the UK for more than 3 years, they will need to apply for leave under the new immigration system, which is scheduled to come into effect from 1 January 2021. If the individual does not qualify for a status under the new immigration system, they will be required to leave the UK.

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