The Post-Brexit Reality: An Educational Guide to the EUSS Family Permit

If you are searching for the term "eea family permit", you are looking for a legal route that, technically, no longer exists. On June 30, 2021, the old EEA Family Permit—based on EU free movement laws—was abolished. It has been replaced by a new, stricter system called the EU Settlement Scheme (EUSS) Family Permit.

However, the rights that the old permit protected are still alive, provided you meet specific historical criteria. This educational guide will teach you how to navigate this transition, explaining who can still join their family in the UK and, crucially, how to prove it.

At Immigration Solicitors4me, we help clients understand that this is no longer a simple box-ticking exercise; it is a complex application based on the "Withdrawal Agreement" treaty.

Lesson 1: The "Joining Family Member" Concept

Under the old rules, an EU national could bring their family to the UK at any time. Now, you can only bring family if you meet the definition of a "Joining Family Member." To qualify, you must pass two tests:

1. The Sponsor Test:Your family member in the UK (the EU/EEA national) must already have Settled or Pre-Settled Status.
2. The Timeline Test:Your relationship with them must have started before 31 December 2020.

• Spouses:You must have been married before this date.
• Children:Can be born after this date, but the parent must have status.

Educational Takeaway: If you married your EU partner in 2022, you cannot use this route. You must apply for a standard UK Spouse Visa (which costs thousands of pounds and has income rules). The EUSS route is free, but it is strictly for pre-Brexit relationships.

Lesson 2: The "Durable Partner" Hurdle

Unmarried partners face the hardest challenge. Under the EUSS, a "Durable Partner" must prove they had lived together for 2 years prior to December 31, 2020.

• The Evidence Gap:You need to show council tax bills, bank statements, or tenancy agreements from 2018–2020.
• The Trap:Many couples were dating then but not living together. Or they were living together but didn't have joint bills. Without this historic evidence, the application will be refused.

Instruction: Before applying, build a "2020 Time Capsule." Gather every scrap of evidence from that specific year. If you can't prove you were serious then, you won't get a visa now.

Lesson 3: The "Surinder Singh" Route (Closed)

You may read online about the "Surinder Singh" route (for British citizens returning to the UK with family members after living in the EU). Status Update: This route effectively closed on 8 August 2023. Unless you have very specific transitional protection or a pending appeal, you can no longer use EU laws to bypass UK immigration rules just because you lived in France or Germany for a while. You must now use the standard UK family visa rules.

Lesson 4: Dependency is Key (Parents & Grandparents)

If you want to bring an elderly parent to the UK, the EUSS Family Permit is much more generous than the strict "Adult Dependent Relative" visa. However, since June 2021, the rules have tightened.

• The Rule:You must prove your parent is dependent on you for their essential needs.
• The Evidence:You cannot just say "they are old." You must show bank transfers proving you send money for their food/rent, or medical evidence showing they rely on your care.
• The Change:Before Brexit, dependency was often assumed. Now, it must be proven.

Lesson 5: The Two-Step Process (Entry vs. Status)

This is the most common mistake applicants make. The EUSS Family Permit is just an entry visa. It is valid for 6 months. Once you arrive in the UK, your job is not done.

1. Step 1:Enter the UK on the Family Permit.
2. Step 2:Apply to the EU Settlement Scheme (from inside the UK) within 3 months of arrival.

The Risk: If you forget Step 2, your Family Permit will expire, and you will become an overstayer with no rights. You must convert your entry permit into "Pre-Settled Status" to stay legally.

Lesson 6: Reasonable Grounds for Late Applications

The deadline for most EUSS applications passed years ago (June 2021). However, "Joining Family Members" can apply at any time, provided they apply reasonably soon after deciding to move.

• The "Reasonable Grounds" Policy:If you are already in the UK and missed the deadline, you need a valid excuse (e.g., serious medical illness, being a victim of domestic abuse, or having limited English/IT literacy).
• Our Role:We draft legal submissions explaining why your application is late. A good explanation can save an application; a bad one leads to rejection.

Conclusion: Check Your Dates

The eea family permit legacy offers a "Free" route to the UK, bypassing the expensive strictness of UK laws. But it is a closing window. It relies entirely on your history before December 2020.

Immigration Solicitors4me specializes in digging through that history. We help you find the old documents that prove your rights still exist. Contact us today to see if you can still claim your status under the Withdrawal Agreement.