Visa routes for family members of EU nationals
With talk of Brexit and changing rules for EU nationals, where does this leave family members of EU, EEA or Swiss individuals who are wanting to move to the UK?
Family members of EU nationals who started living in the UK before 31st December 2020
You may be able to come to the UK by getting a permit to join your family member who is an EEA or Swiss citizen. At the moment there are two visa options:
- EU Settlement Scheme family permit
- EEA family permit
It must be noted that after 30th June 2021, this EEA family permit route will be closed and no new applications will be accepted.
These options allow you to join a close family member who has been living in the UK prior to 31st December 2020.
Once you arrive in the UK, you can apply for the EU Settlement Scheme. If you arrive in the UK on or after 1st April 2021, you must apply to the EU Settlement Scheme within 3 months of the date in which you arrive in the UK.
Who are eligible family members?
The family members that are eligible to apply under the EU Settlement Scheme family permit include:
- spouse, civil partner or unmarried partner
- child or grandchild aged under 21
- dependent child or grandchild of any age
- dependent parent or grandparent
Family members of EU nationals who started living in the UK after 31st December 2020
If you are the family member of an EU, Switzerland, Norway, Iceland or Liechtenstein national who has been in the UK since 1st January 2021 and they want to live and work in the UK, they will need to apply for the Skilled Worker visa. In such a case, you may be eligible to apply to join or stay in the UK as their dependant.
In order to be eligible for a dependant Skilled Worker visa, you will need to prove your relationship with the EU national and that you have available money to support yourself in the UK. If successful, your visa will be granted in line with your family member, meaning you will be given the same visa expiry date.
Who are eligible dependants?
The family members that are eligible to apply as dependants under the Skilled Worker visa include the following:
- husband, wife, civil partner or unmarried partner
- child under 18 – including if they were born in the UK during your stay
- child over 18 if they’re currently in the UK as your dependant
Should you have any queries regarding the above information or if you require assistance with your corporate, employment or immigration matter, please get in touch with a legal professional at Hudson McKenzie via email at firstname.lastname@example.org or by telephone +44(0) 20 3318 5794.
The information provided does not amount to legal advice.