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EEA Family Permit: Closed, and What You Can Apply For Now

The EEA Family Permit closed in 2020. If you are joining an EU family member in the UK, two routes may still be open to you.
Visa type

What happened to the EEA Family Permit?

The EEA Family Permit let the family member of an EU national come to the UK under free movement law. Free movement ended when the Brexit transition period closed on 31 December 2020, and the permit closed with it. The rights it protected did not disappear. They moved into the EU Settlement Scheme. Anyone outside that scheme now uses the same family visa routes as everyone else.
  • If your family relationship existed before 2021, the Settlement Scheme route is usually the one to look at first. It is free.
  • The EEA Residence Card and the old appeal route under the 2016 Regulations are both closed.
If your relationship began after 2020, or your family member is British, the standard Family visa under Appendix FM applies instead.
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Eligibility criteria

Which route applies to you?

One question decides it. Did your family relationship exist before 31 December 2020?

EU Settlement Scheme Family Permit:

  • Your relationship to the EU national existed by 31 December 2020
  • Your EU family member has settled or pre-settled status, or is applying for it
  • You are a spouse, partner, child, parent or dependent relative
  • It is free, and there is no fixed application deadline for eligible people

Family visa, Appendix FM:

  • Your relationship began after 31 December 2020
  • Your partner is a British citizen or is settled through another route
  • You will need to meet the income requirement of £29,000 and the English requirement
  • This is the same route as the spouse visa and the unmarried partner visa
Requirements

The EU Settlement Scheme Family Permit

Extended family members

  • Other dependent relatives, where dependency can be evidenced
  • A relative being cared for by the EU national on serious health grounds

These are assessed more closely, and evidence of the relationship and dependency matters most.

Close family members

  • Spouse or civil partner
  • Unmarried partner in a durable relationship
  • Child or grandchild under 21, or dependent
  • Dependent parent or grandparent

Where the deadline still bites

Some groups had later cut-off dates. Swiss nationals' spouses and partners had until 1 January 2026. If you think you are close to a deadline, take advice quickly.

The key date

The relationship must generally have existed by 31 December 2020. A child born or adopted after that date to a qualifying parent can still be included.

What it leads to

Pre-settled status, then settled status after five years, then British citizenship if you choose.

How long it lasts

Six months to travel to the UK. Once here, you apply to the Settlement Scheme itself for pre-settled or settled status.

What it costs

Nothing. There is no application fee and no health surcharge for the permit itself.

Who it is for

The family member of an EU, EEA or Swiss national who has status under the Settlement Scheme, where the relationship pre-dates 2021.

Application Process

DOCUMENTS & EVIDENCE

Documents you will need

What you will need for either route. On the Settlement Scheme route, proof of when your relationship began matters most.
| DOCUMENT | WHAT YOU NEED | |--------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | Your identity | A valid passport or national identity document. | | Your family member's status | Proof of their EU nationality, and their Settlement Scheme status or share code. | | Your relationship | Marriage or civil partnership certificate, or evidence of a durable relationship. On the Settlement Scheme route, you also need proof the relationship pre-dates 2021. | | Dependency, where it applies | For children over 21 and dependent relatives, evidence of financial or care dependency. | | Translations | A certified translation of any document not in English or Welsh. | | For the Family visa route | The income and English evidence the Appendix FM route requires. See our Spouse Visa page. |
Fees

Cost Breakdown

The Settlement Scheme Family Permit is free. The Family visa carries a Home Office fee and a health surcharge, shown here as of 8 April 2026.
| COMPONENT | FEE | |----------------------------------------------|----------------------------------------------------| | EU Settlement Scheme Family Permit | Free. No application fee and no health surcharge | | Family visa (partner), from outside the UK | £2,064 | | Immigration Health Surcharge, Family visa | £1,035 a year, £776 a year for a child |
Why AY&J

Why work with AY&J Solicitors?

Learn More About us
The hardest part of these cases is now working out which route applies at all. We do that first, then run whichever one fits.
Successful immigration applications
Years of UK immigration experience
Average rating from Trustpilot & Google
Testimonials

In our clients' own words.

Some honest reflections from our clients. We think you'll see a clear theme.

"This is the second time AY&J has helped us with a visa application. Words cannot express our gratitude for all her help and professionalism."

Nadia B
Spouse Visa client

“Professional and comprehensive service that was faultless. The attention to detail and the guidance provided in completing the spouse visa application and the required documentation were perfect. My consultant lawyer was extremely helpful and was always accessible to answer any questions I had at any time. I would highly recommend the service.”

Simon H

“After our ILR rejection, AY&J pursued our case through Administrative Review and Judicial Review. The team was open, honest, knowledgeable and attentive to every detail. They kept us informed at every stage, supported us throughout an extremely difficult journey and helped us regain confidence in our case.”

Suman and Jimi
ILR refusal client
FAQ

Frequently Asked Questions

You'll find some answers to commonly asked questions here but if you still have questions, don't hesitate to reach out to the AY&J team.
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Refusals and appeals

Should I reapply or appeal?

It depends on why you were refused. If it was a fixable evidence gap, reapplying is often quicker. If the decision was wrong in law, an appeal or review is the route. We will tell you which.

Refusals and appeals

What if my Family visa is refused?

These usually carry a right of appeal on human rights grounds. The common reasons are the income requirement, the English requirement, or doubts about the relationship.

Refusals and appeals

What if my Settlement Scheme application is refused?

You can usually ask for an administrative review, and an appeal may be available where human rights are engaged. Often, fixing the evidence and reapplying is faster.

Refusals and appeals

Can I appeal an EEA refusal under the old rules?

No. The Immigration (EEA) Regulations 2016 are revoked, and appeals cannot be brought under them. The route now depends on which application you made.

Family visa alternative

Which route is cheaper?

The Settlement Scheme Family Permit is free. The Family visa carries a fee and a health surcharge. Where the Settlement Scheme route is open to you, it is almost always the better option.

Family visa alternative

How is the Family visa different from a spouse visa?

It is not, in substance. It is the same Appendix FM route. Our Spouse Visa and Unmarried Partner Visa pages set out the detail.

Family visa alternative

Is there an English requirement?

For the Family visa, yes, at CEFR A1 for the first application, rising at later stages. The Settlement Scheme route has no language requirement.

Family visa alternative

What is the income requirement for the Family visa?

£29,000 a year, the same as the spouse and unmarried partner routes. Savings of £88,500 are an alternative.

Settlement Scheme permit

Does the Settlement Scheme route lead to settlement?

Yes. Pre-settled status, then settled status after five years, then British citizenship if you choose.

Settlement Scheme permit

Who counts as a family member?

Spouses, civil partners, durable partners, children and grandchildren under 21 or dependent, and dependent parents or grandparents. Other dependent relatives are assessed more closely.

Settlement Scheme permit

How long is the Settlement Scheme Family Permit valid?

Six months to travel to the UK. Once here, you apply to the Settlement Scheme for pre-settled or settled status.

Settlement Scheme permit

How much does the Settlement Scheme Family Permit cost?

Nothing. There is no fee for the permit and no health surcharge.

Which route applies

What if my relationship began after 2020?

The Settlement Scheme route is closed to you. The standard Family visa under Appendix FM is the route, the same one used for spouse and partner visas.

Which route applies

Is the Settlement Scheme still open?

Yes, for eligible people, and there is no fixed deadline for most of them. The relationship generally has to pre-date 2021.

Which route applies

What happened to my EEA Residence Card route?

It closed at the same time, along with the Immigration (EEA) Regulations 2016 that governed it. Existing valid cards were replaced by status under the Settlement Scheme.

Which route applies

Can I still get an EEA Family Permit?

No. The route closed on 31 December 2020. If you are joining an EU family member, two routes remain. The EU Settlement Scheme Family Permit, or the standard Family visa.

Contact

Tell us about your family

Tell us who your family member is, their status, and when your relationship began. We will tell you which route applies and what it needs.
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Office
Holborn Gate, 330 High Holborn, London, WC1V 7QT
Phone & WhatsApp
+44 20 7404 7933
Email
contact@ayjsolicitors.com