22 April 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923


>>> Need to cancell your immigration or citzienship application ?

Here is the link to cancel your immigration or citizenship application: https://www.gov.uk/cancel-visa

>>> EEA Family Permit or the Settlement Scheme Family Permit ?

There is a difference, indeed. Find all the details at : https://www.gov.uk/government/public...family-permits

Purpose of the EUSS family permit

The EUSS family permit facilitates entry into the UK of an eligible non-EEA citizen family member without a valid biometric residence card – a valid residence card or permanent residence card issued by the UK under the Immigration (European Economic Area) Regulations 2016 on the basis of an application made on or after 6 April 2015 – in order to join in, or accompany to, the UK an EEA or Swiss citizen who has been granted indefinite or limited leave under the EUSS.

A non-EEA citizen family member outside the UK with a biometric residence card can apply for an EUSS family permit to join or accompany an EEA or Swiss citizen who has been granted leave under the EUSS. However, a non-EEA citizen who is outside the UK and has a valid biometric residence card can travel to the UK with that document and a valid passport. From 07:00 am on 9 April 2019, they can also apply directly for leave under the EUSS from outside the UK.

Reference to ‘the Islands’ in this guidance is, as defined in Annex 1 of Appendix EU (Family Permit), to the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man.

Distinction from the EEA family permit

The EUSS family permit operates alongside the EEA family permit, which continues to provide a separate entry clearance route for those who qualify for it.

The EEA family permit provides for entry into the UK of a non-EEA citizen family member of an EEA or Swiss citizen who is exercising Treaty rights, as implemented in UK law through the Immigration (European Economic Area) Regulations 2016 (the EEA Regulations). For further guidance, see EEA family permit guidance
Non-EEA citizen family members who may be eligible for the EEA family permit but are not eligible for the EUSS family permit include:

• extended family members as defined in the EEA Regulations: durable partners and dependent relatives
• persons with a derivative right of residence in the UK (i.e. ‘Chen’; ‘Ibrahim and Teixeira’; and ‘Zambrano’ cases)
• persons who have lived with a British citizen exercising EU Treaty rights in another EEA country before returning to the UK to live (‘Surinder Singh’ cases)
• persons whose EEA or Swiss citizen family member has not been granted leave under the EUSS

Durable partner

The durable partner of a relevant EEA citizen, as defined in Annex 1 of Appendix EU (Family Permit), is not able currently to apply for an EUSS family permit: they will be able to do so after the end of the planned implementation period on 31 December 2020. For the time being, they can apply for an EEA family permit.