Post-Brexit Family Reunion: Navigating the Complexities of the EUSS and Family Permits

The United Kingdom’s departure from the European Union marked the end of an era for free movement. For decades, the ability of European citizens and their family members to move freely into the UK was a given, governed by EU directives that prioritised family unity. However, since the end of the transition period, the landscape has shifted dramatically. The automatic rights have been replaced by a rigorous application system known as the EU Settlement Scheme (EUSS). For many families, this transition has created confusion and anxiety. A common point of confusion surrounds the document required to enter the UK: the eea family permit.

While the specific legal route known strictly as the eea family permit effectively ceased to accept new applications after June 2021, the term remains a vital touchstone for thousands of people searching for a way to join their EU relatives in Britain. The route has evolved into the EUSS Family Permit, but the principles—and the pitfalls—remain similar. At Immigration Solicitors4me, we specialise in guiding families through this post-Brexit haze. We understand that while the political landscape has changed, your desire to be with your loved ones has not. We are the experts in the complex transitional rules that allow family members to join EU nationals who have settled status in the UK.

The Evolution from the EEA Family Permit to the EUSS

For years, the eea family permit was the standard document used by non-EEA family members to accompany or join their EU spouse or parent in the UK. It was a relatively straightforward process based on EU treaties. Today, that route has been replaced by the EUSS Family Permit. However, many applicants still refer to it by its old name, and the concept is largely the same: a visa that facilitates entry for family members.

Who Can Still Join Family in the UK?

One of the biggest misconceptions post-Brexit is that the door is closed. This is not true. "Joining Family Members" can still apply to come to the UK, but the criteria are specific. Generally, you can apply if you are the spouse, civil partner, or durable partner of an EU, EEA, or Swiss citizen who was living in the UK by 31 December 2020 and has Pre-Settled or Settled Status.

Children (under 21) and dependent parents (and grandparents) also fall under this category. However, proving "dependency" for parents and children over 21 has become a major battleground. Under the old eea family permit rules, dependency was often assumed or easily proven. Now, under the EUSS, the Home Office frequently demands extensive evidence of financial reliance.

The Challenge of "Durable Partners"

For married couples, the path is usually clear (provided the marriage took place before the Brexit deadline). However, for unmarried "durable partners," the situation is far more complex. The replacement for the eea family permit requires that the relationship must have been "durable" (usually meaning living together for two years) before 31 December 2020.

"Reasonable Grounds" for Late Applications

Technically, the deadline for most EUSS applications has passed. However, the Home Office allows for late applications if there are "reasonable grounds" for the delay. This is a crucial lifeline for many who missed the cutoff due to lack of knowledge, medical issues, or compelling personal circumstances.

Immigration Solicitors4me specialises in drafting detailed legal representations for late applications. We cite the relevant Home Office guidance and case law to argue why your specific circumstances constitute reasonable grounds. We have successfully helped vulnerable individuals, victims of domestic violence, and those with limited digital literacy to secure their status long after the official deadline passed.

Retained Rights of Residence

Another complex area we handle is "Retained Rights of Residence." This applies to non-EU citizens who were family members of EU nationals but whose circumstances have changed—for example, due to divorce or the death of the EU sponsor.

Under the old eea family permit system and the current EUSS, you may still be able to stay in the UK if you meet certain conditions (e.g., the marriage lasted three years, with one year in the UK). These applications are notoriously difficult because the former EU spouse is often unwilling to cooperate or provide their documents.

We have extensive experience in these sensitive cases. We know how to request the Home Office to perform checks on your behalf if you cannot access your ex-partner’s details. We fight to ensure that the breakdown of a relationship does not lead to your removal from the UK.

Surinder Singh and the "Returning Resident" Route

Historically, the "Surinder Singh" route allowed British citizens who had lived in the EU with their non-EU family members to return to the UK under EU rules (using the eea family permit) rather than the strict UK spouse visa rules.

This route closed to new applicants in March 2022, but there are complex transitional provisions and occasional appeals based on human rights. If you find yourself caught in the closure of this route, you need expert advice immediately. We can assess if there are any exceptional grounds to apply or if you must switch to the standard UK immigration routes. We provide clarity in a very murky area of law.

Why You Need a Specialist for an "Easy" Application

Many people assume that because the EUSS is free to apply for, it is easy. This was true for straightforward cases in 2019. It is no longer true. The low-hanging fruit has been picked; the cases remaining are the complex ones involving broken continuity of residence, criminal records, or difficult family relationships.

Furthermore, a refusal of an EUSS Family Permit (the successor to the eea family permit) can leave you in legal limbo. It can separate children from parents and husbands from wives. By engaging Immigration Solicitors4me, you are investing in the security of your family unit.

We provide:

Detailed Evidence Review:We check every document to ensure it meets the digital application standards.
Legal Cover Letters:We write arguments that preemptively address any weaknesses in your application.
Appeals Expertise:If you have already been refused, we can represent you in an appeal to the First-tier Tribunal, arguing that the decision breaches the Withdrawal Agreement.
Conclusion: Rebuilding Your Family Life in the UK

The political tides may have turned, but the rights of families to live together remain a cornerstone of our society. While the eea family permit in its original form is a thing of the past, the pathway to reunion still exists for those who know how to navigate it.

Do not let confusion over Brexit rules keep you apart from your loved ones. Immigration Solicitors4me has the knowledge and the tenacity to guide you through the EUSS landscape. We have reunited countless families under these new rules, and we are ready to help you. Contact us today to discuss your eligibility and let us help you bring your family home to the UK.