Family Members of British Citizens – Surinder Singh & Zambrano Routes

As of 8 August 2023, the EU Settlement Scheme (EUSS) Family Permit is no longer available to new applicants under the Surinder Singh and Zambrano categories. This change affects family members of British citizens returning from the EEA or Switzerland after exercising free movement rights (Surinder Singh route) and primary carers of British citizens (Zambrano route). Individuals seeking entry through these avenues must now satisfy the standard UK Family Immigration Rules.

However, the Surinder Singh and Zambrano pathways remain valid for those already granted leave under them. Applicants who successfully secured an EUSS Family Permit on or before 8 August 2023 may still travel to the UK and submit an application under the EU Settlement Scheme.

Eligibility for EUSS Family Permit – Family Members of Relevant EEA Nationals

If you are a family member of an EEA national who was residing in the UK before the end of the Brexit transition period, you may qualify to apply for a Family Permit under the EU Settlement Scheme (EUSS) through Link and Day Lawyers.

Eligible applicants typically include:

• The husband or wife of the EEA citizen
  
  
• A civil partner legally recognised under UK law
  
  
• An unmarried partner in a durable relationship
  
  
• Biological or adopted children, grandchildren, or great-grandchildren of the EEA national or their spouse/civil partner
  
  
• Dependent parents, grandparents, or great-grandparents of the EEA national or their spouse/civil partner

To be considered under this route, you must provide solid evidence that your relationship with the EEA national was established before 31 December 2020.

Definition of a Relevant EEA Citizen

Under current UK immigration rules, the term “relevant EEA citizen” applies to specific categories of individuals in relation to the EU Settlement Scheme (EUSS). Link and Day Lawyers provide expert legal support for those navigating these complex eligibility requirements.

The following individuals are classified as relevant EEA citizens:

• Citizens of EEA member states or Switzerland who have either been granted pre-settled or settled status under the EU Settlement Scheme, or who have submitted an application and are awaiting a decision.
  
  
• Irish nationals who qualify for either pre-settled or settled status, even though they are not required to apply to the EU Settlement Scheme.
  
  
• Qualifying individuals from Northern Ireland those born in Northern Ireland, holding British, Irish, or dual citizenship, with at least one parent who also held British, Irish, or dual citizenship (or was exempt from any residence restrictions) at the time of their birth who meet the eligibility criteria for pre-settled or settled status. These individuals cannot apply to the scheme but are still recognised under it.
  
  
• British citizens who also hold EEA or Swiss nationality and were residing in the UK as EEA or Swiss nationals prior to obtaining British citizenship.

EU Settlement Scheme Family Permit vs. EEA Family Permit

The EEA Family Permit route has permanently closed to new applicants. Eligible individuals seeking to join or remain with relevant EEA citizens in the UK must now apply under the EU Settlement Scheme (EUSS) Family Permit.

Applications and appeals for EEA Family Permits that were submitted before 31 December 2020 are still valid and continue to be assessed in accordance with transitional provisions outlined in The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020.

Applying for an EU Settlement Scheme Family Permit
Individuals seeking to join family members in the UK under the EU Settlement Scheme must submit their Family Permit application from outside the United Kingdom. Link and Day Lawyers provide expert legal assistance in preparing and submitting these applications, ensuring that all eligibility criteria and documentation requirements are meticulously met.

• Revised Guidance for Late EU Settlement Scheme Applications
  
  
• Recent Update on EU Settlement Scheme Deadlines and Exceptions
  
  
• Minimising Delays in Your EU Settlement Scheme Application
  
  
• Post-Deadline Rights of EU Settlement Scheme Applicants

EU Settlement Scheme Family Permit – Application Fee and Validity Details

There is no fee charged by the Home Office for submitting an application under the EU Settlement Scheme Family Permit. Additionally, applicants are not required to pay the Immigration Health Surcharge, making this route a cost-effective option for eligible family members of EEA nationals.

Permit Validity Duration

If you are entering the United Kingdom after 1 April 2021, your EU Settlement Scheme Family Permit will be issued with a validity period of 4 months. This permit allows temporary residence while you transition to settled status under the EU Settlement Scheme.

Remaining in the UK Beyond the Permit’s Expiry

To continue living in the UK after your permit expires, you must submit an application under the EU Settlement Scheme.
While the main deadline for this was 30 June 2021, it is important to note that joining family members who arrive in the UK after 1 April 2021 are eligible to apply within three months of their arrival provided their family permit is still valid. If the application is not submitted within this timeframe, the applicant must demonstrate reasonable grounds for the delay.

How Link and Day Lawyers Can Support You

At Link and Day Lawyers, our immigration professionals specialise in supporting family members of EEA nationals who wish to move to and settle in the United Kingdom. We offer tailored guidance and hands-on support throughout the process of securing a Family Permit under the EU Settlement Scheme.

Whether you need in-depth legal insight into the eligibility criteria, an objective evaluation of your chances of approval, or end-to-end assistance with preparing and submitting your Family Permit application or appeal, our team is equipped to help.

Renowned for our client-focused approach, we take pride in delivering honest, clear, and practical immigration advice. Our dedicated professionals are committed to helping families of EEA nationals navigate the UK immigration system with confidence and clarity.