Dependents of EU National- Eligibility and Application for EUSS

The 11 PM (GMT) on 31 December 2020 deadline was critical for most EUSS (EU Settlement Scheme) family members' applications (including dependents), as it established the cut-off point for relationship recognition under the Brexit transition arrangements. Relationships formed after 31 December 2020 face significantly fewer options under the United Kingdom's current immigration rules.

Existing relationships must demonstrate that they continue from the qualifying date through to the application submission date, with required evidence of the relationship. Any relationship gaps and unexplained periods of separation are highly scrutinised by the Home Office. 

The EUSS is generally unavailable for new family relationships formed after 31 December 2020. These families must consider alternative immigration routes, such as the UK family visa.

Dependents of EU nationals eligible for the EUSS (EU Settlement Scheme)

Dependent family members include the following:

• Direct relatives in the descending line (dependent children, grandchildren, and great-grandchildren aged over 21) of someone from the EU who was residing in the UK by 31 December 2020 and has pre-settled or settled status (or of their spouse/civil partners)

• Direct relatives in the ascending line (dependent parents, grandparents, and great-grandparents) of a person from the EU who was residing in the UK by 31 December 2020 and has pre-settled or settled status (or of their spouse/civil partners) 

• Other dependent relatives (sibling (brother, sister), uncle, aunt, niece, nephew, or cousin) of someone from the EU who was residing in the UK by 31 December 2020 and has pre-settled or settled status (or of their spouse/civil partners)

Under the Appendix EU, dependents of EU nationals eligible for the EUSS (EU Settlement Scheme) include adult children aged 21 or over, grandchildren or great-grandchildren, parents, grandparents or great-grandparents, and other dependent relatives requiring care or support. Applicants must demonstrate their relationship, clear financial dependency, and compelling reasons why family unity is essential for their welfare.

If the dependent holds a residence card as a family member

If they have a BRC (Biometric Residence Card) as a family member of someone from the EU who was residing in the UK by 31 December 2020, which does not confirm their right of permanent residence in the UK, this BRC will be accepted as evidence of their relationship to that person from the EU if it was issued to the dependent based on that relationship and that relationship still exists (or did so for the period of residence relied upon).

Evidence required for dependent children, grandchildren, or great-grandchildren

If a child, grandchild, or great-grandchild has turned 21 since they came to the UK and they started residing here by 31 December 2020, they will not need to show evidence that they are dependent on someone.

Those who are a child, grandchild or great-grandchild aged 21 or over, and were not previously granted EUSS - Pre-settled Status under the EUSS as a child under 21, will need to provide evidence that they are (or for the relevant period were) dependent on their family member from the EU who was in the UK by 31 December 2020 (or on their spouse (husband/wife) or civil partner).

They will need to provide the following evidence, as appropriate, to show their dependency:

• Evidence such as bank statements or money transfers to show their financial dependency, 

• Evidence such as a letter from a hospital consultant showing that they need and are receiving the personal care or support of someone from the EU who was residing in the UK by 31 December 2020 (or of their partner (spouse or civil partner))

• If the applicant’s parent, grandparent, or great-grandparent is not a person from the EU who was residing in the UK by 31 December 2020 but is the spouse (husband/wife) or civil partner of someone who is, the applicant must provide evidence:

• of their relationship to their parent, grandparent, or great-grandparent

• that their parent, grandparent, or great-grandparent was the spouse, civil partner, or durable (unmarried) partner of someone from the EU by 31 December 2020 (and, where they were their durable (unmarried) partner by then, that they are now their spouse (husband/wife) or civil partner)

• Applicant can provide accepted forms of evidence, which include:

• A valid document of record of a recognised marriage or civil partnership, such as a certificate of marriage or civil partnership 

• A valid document of registration overseas for a same-sex relationship, which is, under the Civil Partnership Act 2004, entitled to be treated as a civil partnership

If the applicant is a dependent parent, grandparent, or great-grandparent of someone from the EU who was residing in the UK by 31 December (or of their spouse (husband/wife) or civil partner)

The applicant will only be required to provide this evidence if they don’t have a relevant document issued to them on the basis that they are the dependent parent, grandparent, or great-grandparent of a person from the EU who was residing in the UK by 31 December 2020 (or of their spouse or civil partner).

A relevant document issued to the dependent parent, grandparent, or great-grandparent here includes:

• An EEA family permit 

• An EUSS family permit

• A UK residence card issued under the immigration (European Economic Area) Regulations or the EUSS

• A letter from the Secretary of State (UK) confirming the applicant’s qualification for a residence card or family permit under the immigration (European Economic Area) Regulations, had the route not been closed on 30 June 2021

• If the applicant does not have a relevant document issued to them, they must provide an accepted form of evidence of their relationship, which includes:

• Full birth certificate

• Other documents which satisfy the Home Office - Caseworker that they are the direct descendant of a person from the EU who was residing in the UK by 31 December 2020 (or of their spouse (husband/wife) or civil partner)

• Where the applicant’s child, grandchild, or great-grandchild is not a person from the EU who was residing in the UK by 31 December 2020, but their spouse (husband/wife) or civil partner is, they must provide evidence:

• Of their relationship to their child, grandchild, or great-grandchild

• That their child, grandchild or great-grandchild was the spouse (husband/wife), civil partner or durable (unmarried) partner of someone from the EU who is residing in the UK by 31 December 2020 (and, where they were their durable (unmarried) partner by then, that they are now their spouse (husband/wife) or civil partner)

Accepted forms of evidence include

Accepted forms of evidence include:

• A valid document of record of a recognised marriage or civil partnership, such as a certificate of marriage or civil partnership

• A valid document of registration overseas for a same sex relationship, which is, under the Civil Partnership Act 2004, entitled to be treated as a civil partnership 

Those who apply after 30 June 2021, or applied before this date and their family member from the EU is under 18 (or was on 31 December 2020), will also need to provide evidence of their dependency on them or on their spouse (husband/wife) or civil partner.

Dependent relatives of an EU national

One can generally only apply as a dependent relative if they arrived in the UK by 11 pm (GMT) on 31 December 2020. They cannot generally join a family member from the EU as a dependent relative under the EUSS (EU Settlement Scheme) if they arrived in the UK after 11 pm (GMT) on 31 December 2020.

In some cases, they can apply as a dependent relative of someone from the EU who was residing in the UK by 31 December 2020 if they are their dependant, a member of their household, or in strict need of their personal care on serious health-specific grounds. 

The family member from the EU cannot be their spouse, civil, or durable (unmarried) partner, child, grandchild, or great-grandchild, or dependent parent, dependent grandparent, or dependent great-grandparent. They can be the applicant’s sibling (brother, sister), uncle, aunt, niece, nephew, or cousin (or, in some cases, of their spouse (husband/wife) or civil partner).

The applicant must hold a relevant document issued to them on the basis that they are the dependent relative of a person from the EU who was residing in the UK by 31 December 2020 (or, where the application for that document was made on or before 31 January 2017, of their spouse (husband/wife) or civil partner).

A relevant document here includes:

• An EEA family permit 

• An EUSS family permit

• A UK residence card issued under the Immigration (European Economic Area) Regulations or the EUSS

• A letter from the Secretary of State (UK) confirming their qualification for a family permit or residence card under the Immigration (European Economic Area) Regulations, had the route not been closed on 30 June 2021

They must also provide evidence that their relationship with the family member from the EU who was residing in the UK by 31 December 2020 (or, where relevant, their spouse (husband/wife) or civil partner) still exists or did so for the period of residence relied upon.

If a family member was previously married or in a civil partnership

A person can apply if a family member had a valid marriage or civil partnership to someone from the EU who was residing in the UK by 31 December 2020, and resided in the UK when the family member's relationship to the EU citizen ended.  The dependent applicant must be their:

• Dependent child, grandchild, or great-grandchild aged over 21

• Dependent parent, grandparent, or great-grandparent

• Other dependent relative

If the dependent family member is a victim of domestic abuse

A dependent person can apply if their family relationship to someone from the EU who was residing in the UK by 31 December 2020 has broken down permanently due to domestic abuse.

They can apply as a dependent if they are or were their:

• Dependent child, grandchild, or great-grandchild aged over 21

• Dependent parent, grandparent, or great-grandparent

• Other dependent relative

• A valid document of record of a recognised marriage or civil partnership, such as a certificate of marriage or civil partnership

• A valid document of registration overseas for a same sex relationship, which is, under the Civil Partnership Act 2004, entitled to be treated as a civil partnership 

Those who apply after 30 June 2021, or applied before this date and their family member from the EU is under 18 (or was on 31 December 2020), will also need to provide evidence of their dependency on them or on their spouse (husband/wife) or civil partner.

Applying to the EUSS (EU Settlement Scheme)

A dependent joining family member can only apply to the EUSS from outside the UK if they are eligible and either:

• They are from the EU and have a valid passport or a national ID card that has a biometric chip

• They are from somewhere else, and they have a UK-issued biometric residence card that expired no more than 18 months ago

Otherwise, a dependent family member will need to apply for an EUSS family permit to come to the UK.

Deadline to apply to the EUSS

Dependent children, grandchildren, great-grandchildren, and dependent parents, grandparents, great-grandparents can apply as the joining family member if the family relationship existed prior to 31 December 2020 and continues to exist on the date of application. 

A dependent should have applied within 90 days of the first date they arrived in the UK after 31 December 2020.

Otherwise, they will need to show reasonable grounds for a delayed application if they:

• Started residing in the UK by 31 December 2020; or

• Arrived in the UK on or after 1 January 2021 and did not apply within 90 days of the first date of their arrival

Dependent family members of EU nationals applying to the EUSS family permit

One can apply to the EUSS family permit anytime if they are eligible. The family permit is required to enter the UK and is valid for 6 months, within which the permit holder must apply to the EUSS – Pre-settled status from inside the UK.