Apply if you're joining a family member from the EU, Switzerland, Norway, Iceland or Liechtenstein

You can apply for an EU Settlement Scheme family permit to come to the UK if all of the following are true:

• you’re the eligible family member of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein

• your family relationship began by 31 December 2020

• your family member was living in the UK by 31 December 2020

• your family member will be in the UK when you apply, or will travel there with you up to 6 months later

You might still be eligible if you were living with your family member in the UK by 31 December 2020 but they have died, left the UK or the relationship has broken down. This is known as having ‘retained the right of residence’.

Children who were born or adopted after 31 December 2020 may also be eligible, if they’re the child of either:

• someone from the EU, Switzerland, Norway, Iceland or Liechtenstein who was living in the UK by 31 December 2020

• the spouse or civil partner of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein who was living in the UK by 31 December 2020, and where the family relationship began before that date

If your family member is an eligible person of Northern Ireland, there are different rules for applying for an EU Settlement Scheme family permit.

Eligible family members

You can apply if you’re one of the following family members:

• spouse, civil partner or unmarried partner

• child or grandchild under 21

• dependent child or grandchild over 21

• dependent parent or grandparent

This includes family members who were adopted under an adoption order that’s recognised in UK law.

You can also apply if you’re one of the following family members of the spouse or civil partner:

• their child or grandchild aged under 21

• their dependent child or grandchild over 21

• their dependent parent or grandparent

Spouses and civil partners of Swiss citizens

If you’re married to or in a civil partnership with an eligible Swiss citizen, the rules are different.

You’ll still be eligible if:

• you got married or formed your civil partnership between 31 December 2020 and 1 January 2026

• you’re still married or in a civil partnership when you apply

Who you can join

The person you’re joining must be from the EU, Switzerland, Norway, Iceland or Liechtenstein. This includes if they:

• are exempt from immigration control (for example, they’re a foreign diplomat posted in the UK)

• travel regularly to work in the UK but live outside of the UK (also known as a ‘frontier worker’)

• are a British citizen who has dual citizenship with an EU country, Switzerland, Norway, Iceland or Liechtenstein, and they settled in the UK before 16 July 2012 without using their free movement rights (also known as a ‘McCarthy’ case)

• are a British citizen who is also a citizen of an EU country, Switzerland, Norway, Iceland or Liechtenstein, and they were working, self-employed, studying or living self-sufficiently in the UK before becoming a British citizen (also known as a ‘Lounes’ case)

Your family member must usually have settled or pre-settled status under the EU Settlement Scheme, or have applied and they’re waiting for a decision.

If your family member does not have settled or pre-settled status

​​If your family member did not need to apply to the EU Settlement Scheme, or could not apply because they’re a British citizen, you can apply for an EU Settlement Scheme family permit. Your family member must meet the eligibility criteria for the scheme.

If you were living in the UK by 31 December 2020

You can apply for an EU Settlement Scheme family permit to return to the UK to join your family member, even if they have not applied to the EU Settlement Scheme.

You must not have broken your ‘continuous residence’. This usually means you must have not left the UK for more than 6 months in any 12 month period, unless you have an important reason. For example, this could be because of childbirth, serious illness, study, vocational training, an overseas work posting or coronavirus (COVID-19).

You will have to provide evidence to show that:

• your family member is a citizen of an EU country, Switzerland, Norway, Iceland or Liechtenstein - by providing their valid passport or national identity card

• your family member was living in the UK by 31 December 2020, and that they still are

• you’re their family member, and have been since before 31 December 2020

Documents you must provide

You must provide proof of your identity, which can be either:

• a valid passport

• a valid national identity card, if you’re from the EU, Switzerland, Norway, Iceland or Liechtenstein

You may be able to use other proof of your identity and nationality if you cannot provide either of these because of a ‘compelling practical or compassionate’ reason. For example, you cannot travel to get this document because of an illness.

When you apply, you will need to explain why you cannot provide a passport or national identity card, and provide supporting evidence.

You must provide your family member’s application number to the EU Settlement Scheme, unless they did not need to apply or could not apply because they’re a British citizen. This is a 16 digit number - for example, ‘1234-5678-1234-5678’ - in the email your family member got confirming their settled or pre-settled status.

Where your family member did not need to apply to the EU Settlement Scheme, or could not apply because they’re a British citizen, you’ll need to provide evidence that shows they meet the eligibility criteria.

You need evidence that shows they:

• were resident in the UK by 31 December 2020

• have not broken their continuous residence in the UK

• pass criminal record checks