Family members of EEA citizens post Brexit transition period

On 31 December 2020, the Brexit transition period ended.  However, EEA nationals and their family members can  still apply for Pre-settled or Settled status under the EU Settlement Scheme (EUSS) until 30 June 2021 “the grace period”. Significantly, they will have to provide the evidence that they have started residing in the UK by 31 December 2020.

If you are in a relationship with an EEA national as their spouse, civil partner or unmarried partner, you can also apply status under the EUSS. However, the relationship must have started prior to 31 December 2020 and must still exist on the date of submission.

What if your relationship with an EEA national began after 31 December 2020?

Spouses and civil partners of EEA citizens holding pre-settled status, who cannot provide evidence to show that they married/ entered a CP before 31 December 2020,  will need to make an application under Appendix FM.

In terms of unmarried partners of EEA nationals: if they are able to show cohabitation for 2 years prior to 31 December 2020, they might be able to make an application under EUSS. However, if their two years cohabitation were to be completed only after 31 December 2020, they would need to make an application under Appendix FM.

Partners/spouses of an EEA national granted leave under the Skilled Worker route will need to submit a dependant application under Appendix Skilled Worker.

Requirements under Appendix FM

In order to meet the requirements of Appendix FM, migrants have to demonstrate that their relationship is genuine and subsisting. In addition, they will also need to meet the minimum financial requirement of at least £18600 from a specified source of income or can rely on cash savings. Moreover, migrants have to prove that they will be maintained and accommodated in the UK without recourse to public funds. Finally, they will need to satisfy is the English language requirement and in some cases TB test.

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The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.

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