Personal Immigration

Joining Family Member of a Relevant EU/EEA National

EU Settlement Scheme - Joining Family Member Applications in 2025

Table of Contents

The EU Settlement Scheme offers a pathway for family members of EU, EEA, and Swiss citizens to live in the UK. Whether you are applying to join a partner, parent, or child already in the UK, or seeking to retain your rights after separation, death, or abuse, the process depends on your family link and when that relationship began.

This guide explains who can sponsor family members under the scheme, what relationships qualify, and how applications should be submitted. It also outlines your rights under the Withdrawal Agreement and what to do in complex or compassionate situations.

Who Can Sponsor Their Family to Join Them in the UK?

Under the EU Settlement Scheme (EUSS), only certain individuals can act as sponsors. These are typically people who were already living in the UK by 31 December 2020 and who hold either Settled or Pre-Settled Status. The key groups include:

If you hold Pre-Settled or Settled Status under the EUSS based on residence before 31 December 2020, you can sponsor close family members, such as your partner, children, or dependent parents, to join you in the UK.

It is important to note that EUSS Status holders who are joining family members themselves cannot act as sponsors under the EUSS.

If you exercised treaty rights in the UK as an EU citizen before the end of transition period, and later naturalised as a British citizen, you are allowed to sponsor family members under the EUSS. 

Which Family Members Can Be Sponsored?

The EU Settlement Scheme applies only to qualifying family members, meaning the relationship must fall within the definition of a “close family member” and, in most cases, must have existed before 31 December 2020.

a) Partners (Spouse, Civil Partner, Unmarried Durable Partner)
  • Your relationship must have begun before 31 December 2020
  • You must be married or in a durable partnership when applying

It is important to note that marriages or relationships started after 31 December 2020 do not qualify under EUSS. These cases may need to consider other UK immigration routes, such as a Spouse Visa.

b) Children (including Adopted Children) and Grandchildren

Children under 21 can usually join their parents with minimal documentation, typically just a birth certificate naming the sponsor.

For children over 21, evidence of dependency must be provided. 

c) Parents and Grandparents

You may bring parents or grandparents to the UK only if you can prove they are dependent on you financially or emotionally. Dependency means the family member cannot meet their essential living needs without your support.

Retained Rights of Residence

In certain circumstances, individuals can apply under the EU Settlement Scheme even if the relationship with their EU citizen sponsor has ended. This applies to those who have not yet obtained settled status.

Retained rights of residence apply in the following scenarios:

  • The EU citizen sponsor has passed away;
  • The couple have divorced or ended their civil partnership;
  • The relationship ended due to domestic abuse;
  • The sponsor has left the UK.
a) If Your Family Member Has Passed Away

You may qualify if:

  • Your sponsor passed away after 31 December 2020
  • You had lived with them in the UK for at least one year immediately before their death

b) Relationship has Broken Down

If the marriage or civil partnership with an EU/EEA/Swiss national has legally ended, applicant may still apply if:

  • The marriage lasted at least 3 years and the couple lived in the UK for at least one year, or
  • The applicant has custody of their ex-partner/spouse’s child, or
  • The applicant has court-ordered access to their ex-partner/spouse’s  child, or
  • There are “particularly difficult circumstances”, such as domestic abuse
c) Relationship has Broken Down due to Domestic Violence

Durable partners cannot retain rights on the basis of the duration of the relationship or shared custody alone. They may only retain a right of residence following domestic abuse.

d) The Sponsor has left the UK

Children of deceased EU citizens, or of EU citizens who have left the UK, can also retain rights if they remain in education, as can their custodial parent or legal guardian.

How to Apply as a Joining Family Member?

Applying from Outside the UK

Joining family members must first apply for an EUSS Family Permit before travelling to the UK. Once they are in the UK, they must apply for Pre-Settled Status within three months of their arrival.

Applying from Inside the UK

If the joining family members are already in the UK (e.g. as a visitor), they may apply for Pre-Settled Status under EU Settlement Scheme. This application is normally submitted within three months of their first arrival to the UK as a joining family member.

Applications made after the three-month deadline will be treated as late applications, and may be deemed invalid unless the applicant provides reasonable grounds for the delay. Invalid applications do not attract a right of appeal.

Once Pre-Settled Status is granted, it is important to build a residence history in the UK. This can include actions such as registering with a GP, opening a bank account, adding your name to utility bills, or keeping HMRC records. These will help support your future application for Settled Status after completing the required five years of continuous residence.

Joining Family Members

Frequently Asked Questions

How Can Angelov Solicitors Help?

Detailed Assessment of Full Immigration History

During our initial consultation, we will assess your eligibility to apply as a joining family member under the EU Settlement Scheme. We will review your relationship to the sponsor, confirm whether the relationship was established by the required date. If applicable, we will also advise on any dependency, residence, or documentary issues that may affect your application.

Detailed Written Legal Advice & Documents

Once we are instructed on a full representation basis, we will provide you with written legal advice that clearly explains your eligibility, addresses any concerns, including practical guidance on what documents you need to gather and how to overcome any weaknesses.

Comprehensive Letter of Representations

We will prepare a detailed, well-structured Letter of Representations to carefully explain how you meet the requirements and addressing any issues in line with the Immigration Rules and guidance.

Need Assistance with Your Joining Family Member Application?

To discuss your UK Immigration application with one of our solicitors, contact our lawyers on 020 8088 2555,  complete our contact form below, or book a free 15 minutes complimentary discussion.

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