Post-Brexit Pathways: A Diagnostic Guide for Families of EU Nationals in the UK

If your research into joining a European family member in the UK has led you to search for the EEA family permit, you have likely found yourself in a maze of confusing and outdated information. It is essential to understand that, due to Brexit, this long-standing route is now closed to almost all new applicants. The post-Brexit immigration landscape for families of EU, EEA, and Swiss citizens is now governed by a new and highly specific set of rules.

Finding your correct pathway depends on the precise answers to a few critical questions about your family and your history. This guide is designed as a diagnostic tool, a decision tree to help you ask the right questions and determine the correct route for your specific circumstances. At Immigration Solicitors4me, we are experts in this complex post-Brexit framework, and our first job is to provide absolute clarity on your correct path forward.

Question 1: Who is your family member in the UK?

This is the first and most fundamental question. Your immigration route is entirely dependent on the nationality and status of your family member in the UK.

• If your family member is a British citizen:Stop here. The rules for EU nationals do not apply to you. You must apply under the standard UK Immigration Rules for family members, typically a Spouse, Partner, or Child visa under Appendix FM.
• If your family member is an EU, EEA, or Swiss citizen:Proceed to the next question. The post-Brexit routes may be open to you.

Question 2: When did your EU family member start living in the UK?

This is the critical Brexit cut-off question. The answer determines whether the EU Settlement Scheme (EUSS) is relevant to your case.

• If your EU family member arrived in the UK after31 December 2020: They will have come to the UK under the new points-based immigration system, likely on a route such as the Skilled Worker visa. In this case, you would typically apply as their "dependant" under the rules of their specific visa. The EUSS and its family permit are not for you.
• If your EU family member started living in the UK before31 December 2020: They should have status under the EU Settlement Scheme (either "pre-settled" or "settled" status). This means you may be eligible to join them under the EUSS rules. Proceed to the next question.

Question 3 (For Partners): When did your relationship begin?

This is the most important diagnostic question for spouses, civil partners, and unmarried partners. The answer will likely decide your correct immigration pathway.

• If your relationship (marriage, civil partnership, or durable partnership) began before31 December 2020: You are likely eligible to apply for the EUSS Family Permit. This is the true successor to the old EEA family permit. It allows you to travel to the UK, and upon arrival, you must then apply to the EUSS for your own pre-settled status.
• If your relationship began after31 December 2020: You are not eligible for the EUSS Family Permit. This is a crucial point. Instead, you must apply as a partner under the standard UK Immigration Rules (Appendix FM). This is the same, more restrictive route that partners of British citizens use, and it includes a strict financial requirement and an English language test.

Your Expert Navigator: Immigration Solicitors4me

As this diagnostic process shows, the post-Brexit rules are complex, and your correct immigration route depends on a precise set of personal circumstances and key dates. A wrong turn at any of these stages can lead to a costly and entirely avoidable visa refusal. Searching for information on the old EEA family permit will only lead to further confusion.

Immigration Solicitors4me are expert navigators of this new landscape. Our process begins with a detailed diagnostic assessment.

• We ask the right questions to pinpoint your exact situation.
• We provide you with a clear and definitive answer on which immigration route you are eligible for.
• We then guide you meticulously through the application process for that correct pathway, whether it is the EUSS Family Permit or the standard UK partner visa.

From Confusion to Clarity

The key to successfully joining your family in the UK is to move past the confusion of the old system and gain absolute clarity on your correct path forward today. A step-by-step diagnosis of your circumstances against the critical Brexit deadlines is the only way to achieve this.

Don't get lost in the post-Brexit maze. Contact Immigration Solicitors4me for an expert consultation to diagnose your situation and map out your correct route to the UK.