Can I still apply for EEA Family Permit after Brexit

By The SmartMove2UK on October 17, 2019

Yes, according to the immigration rules you would still be eligible to get a family permit to come to the UK if the applicant meets all the following conditions, namely, the applicant is:

from outside the European Economic Area (EEA)/Swiss national
family member of an EEA(excluding UK nationals) or Swiss national
outside the UK to apply for an EEA family permit.

The rules state that there will be no change to the rights and status of EU citizens [and their non-EU dependents] currently living in the UK until 30 June 2021, in the event UK leaves the EU without a deal then the duration will be till 31 December 2020.

The guidelines for EEA Family Permits as under the Immigration Rules allow applications from the family members of EEA nationals (either currently living in the UK or intending to exercise their treaty rights) to join the EEA national in the UK.

The family members who may apply under this category are divided into the following:

Direct family members or close family members, who are:
Spouse, Civil partner, unmarried partner
Children below the age of 21 years
Relatives in the ascending line (e.g. parents, grandparents etc.) either of the EEA national or their spouse/civil partner
Relatives in the descending line (e.g. grandchildren, great-grandchildren etc.) either of the EEA national or their spouse/civil partner

And

Extended family members, who include:
Sisters, brothers
Cousins
Nieces and nephews and so on.

The abovementioned relatives of the EEA national or their spouse/civil partner would have to satisfy the Home Office that they are dependent on the EEA national or their spouse/civil partner or have been a part of their household.

The guidelines under the Immigration Rules pertaining to EEA Family Permit direct family members., prior to the statement of changes HC 2631 was announced, state that children above the age of 21 years and other direct relatives in the ascending line had to prove their dependency on the EEA national or their spouse/civil partner. Such dependence was to be evidenced from the time that the EEA national or their spouse/civil partner has been in the UK.

Evidence of such dependence is to be provided to the Home Office along with the application made under this category. As per the Rules, proof of dependence may be shown through:

bank or building society statements
evidence of money transfers
evidence of living in the same household (as applicable)
additional evidence demonstrating that their EEA national sponsor has enough money to support them

The Home Office does not consider the reasons as to why such family member is dependent on the EEA nationals or their spouse/civil partner, only that they require some kind of financial support to meet their essential needs. Even if the said family member was receiving only a small portion of the costs of their essential needs from the EEA national or their spouse/civil partner, it is considered under this category as dependence.

After the statement of changes HC 2631 has been introduced, family members of EEA national or their spouse/civil partner need to provide proof of their dependency if they are:

a dependent child or grandchild of the EEA family member and are over 21
a dependent parent or grandparent of the EEA family member and they are under 18

The above requirement is clearly mentioned under the EU Settlement Scheme Family Permit. This clarifies the Home Office’s current position on evidencing dependency of family members in the ascending line of the EEA national; only if the said EEA national is under the age of 18 years.

Parents and grandparents who are applying to join they’re under 18 EEA national family member in the UK would have to adequately evidence why and what kind of dependency they have on the said family member.

Know more about What happens after Brexit.

At The Smartmove2UK, we have successfully assisted EEA national family members to acquire their EEA Family Permits so they may join their loved ones in the UK. For assistance with the application, additional information regarding the applicationprocess or advice regarding the documents to be submitted in support of your applications, give us a call at +91 98191 27002 or email us at info@smi.legal.

You can find our presence in New Delhi, Chandigarh, Bengaluru as well as Mumbai being our registered office along with international boundaries extending to London.