EU Citizen Update Post-Brexit

The Home Office, in the wake of Brexit, laid out a few rules to implement the full public roll out of the post-Brexit EU Settlement Scheme. As per this scheme, EEA/Swiss citizen residing in the UK by 31st December 2020 (or by 29 March 2019 if the UK leaves the EU without a deal) and their EEA family members are allowed to bring their immigration status under the UK law.

The EU residents and their EEA family members can get an indefinite leave to remain, if they have been in the UK for 5 continuous years. If not, they can get a limited leave to remain in the UK. The scheme will be implemented from 7 am of 30 March and is applicable on all EU nationals and EEA Family Permit holders.

The Home Office has also decided to extend the scheme to cover all the EU nationals in the UK, their EEA family members and even those family members who have right to stay in the UK as per the EU regulations. EEA Family Members from outside the UK can apply under this scheme to get a family permit to visit the UK.

The rolling out of the settled status scheme will not be affected by the Brexit. EU citizens who register before the middle of 2021, are entitled to stay in the UK. EEA family members need to have a biometric residence card to apply under the scheme or need to enroll for the same from within the UK.

Who is an EEA Family Member?

EEA Family Permit is a document through which an EEA family member can invite their non-EEA family member to the UK. It is an easy and fast way for non-EEA citizens to enter the UK.

The Family Permit is an important document as it gives entry clearance to the non-EEA members. It is necessary to understand who can be considered a ‘Family Member’.

Who is a family member as per the EEA Regulations 2006:

• They family member can be the EEA citizen’s spouse or civil partner 
• They can child or grandchild under 21 years old, or dependent child or grandchild of any age; or
• They can be dependent parent or grandparent

The Family members who are adopted under an adoption order that is recognized in UK law are also regarded as the same as natural family. Any EU national can bring their non-EEA family member to the UK. 

The family member can enter and exit the UK as many times as they want to, provided that their permit is valid. The validity of the permit is of 6 months. Post this, the family member needs to apply for a new permit.

Extended family members, such as brother, sister, uncle, aunt, niece, nephew, cousin can also apply for the EEA Family permit, provided they can prove that they are dependent on the EU national in UK or has a serious health condition. They need to prove that rely on the EU national to look after them.

An unmarried partner who has been a durable relationship with the EU citizen can also be counted as an extended family member. In such case, he/she must have been living with the EU citizen for at least 2 years.

All the EEA family members need to provide valid documents to apply for EEA Family Permit.