What is an EUSS Family Permit and EUSS Leave to Remain?

Under European Law, citizens of EEA countries have the right to live and work at their will in the UK. Family members or spouses of the EEA National also have the right to live and work in the UK like the an EEA national even if they do not belong to an EEA nation themselves. If the EEA National was present in the UK before 31 December 2020 11:00 pm, then the EU national can apply under the new EUSS rules. 

A citizen of an EEA country taking up residency in the UK is also permitted to bring their dependent family, however, the marriage in case of a spouse should have taken place before 31 December 2020. For children they should be under the age of 21 years and they will be able to make an application under the EUSS scheme. 

The EEA Family permit is also known as the EUSS Family Permit, while the Residence Card is also known as an EUSS leave to remain. 

Applicants can apply for indefinite leave to remain once they hace completed 5 years in the UK as a EU national or their family members. 

Conditions of the EUSS Family Permit and EUSS Leave to Remain

Holders of an EUSS Family Permit and their dependents are entitled to the right of residence and employment in the UK. The permit enables them to accept any job offers, take up any type of employment, allows them to start their own business, permits them to set up a local branch of a company or manage a company of the UK. No work permit is required for these employment opportunities.

In order to qualify, the applicant should be able to support themselves and their dependents while staying in the UK, and this enables them to live and work here permanently.

The EUSS Leave to Remain is granted for a period of 5 years and the permit holder is entitled to the aforementioned employment opportunities without any restriction. An EEA national has to spend 4 years and 11 months in the UK on the Leave to Remain provided to him/her.  After expiry of 5 years stay in the UK, permit holders are eligible to apply for Indefinite Leave to Remain in the UK.

Any EEA/EU citizen who does not have a residence permit and is coming from outside the UK is issued with a 6-month Family Permit. During that period (6 months) they are permitted to undertake unrestricted employment in the UK. The concerned individual may apply for a residence permit within these 6 months along with their dependents for the EEA Family Permit. After completion of five years, the candidate becomes eligible to apply for Indefinite Leave to Remain (ILR). Successful applicants after obtaining ILR become eligible to apply for British naturalisation.

Eligibility for a EUSS Family Permit and EUSS Leave to Remain

EUSS Leave to remain is offered only to:

Individuals belonging to the EEA member countries. They can get their spouses or dependents to live in the UK if the EEA national is present in the UK before 31 December 2020 and the spouses can also come under the EUSS scheme if the marriage took place before 31 December 2020.

Dependents/Family Members of the EEA candidate include:

The spouse or civil partner and parents of the any EEA National, children or grandchildren of any EEA national or their spouse or civil partner, under the age of 21 are all classed as dependent.

Some relatives of an EEA national or their family members may also come under the definition of a family member, provided they can prove that they are dependent on the EU national for their essential needs.

If the candidate is a student, only his or her spouse or civil partner or any dependent children will be entitled to a right of residence in the United Kingdom.