The EEA Family Permit is governed by the EU Regulations whereas the new EU Settlement Scheme Family Permit is governed by Appendix EU (Family Permit) of the Immigration Rules. The EU Settlement Scheme Family Permit was introduced on 30 March 2019. Currently both family permits run concurrently until the UK leaves the EU. Once the transitional period ends, the EEA Family Permit will no longer be available.
Even though a lot of non-EEA family members may be eligible to apply for either family permits, there is a category of non-EEA family members who may only apply for an EEA Family Permit which includes:
- Extended family members such as durable partners and dependent relatives.
- Persons with a derivative right of residence in the UK (i.e. ‘Chen’; ‘Ibrahim and Teixeira’; and ‘Zambrano’ cases)
- Chen - A primary carer of a self-sufficient EEA national child, who is under the age of 18. The child must have a sufficient level of resources to prevent them becoming a burden on the social assistance system and have comprehensive sickness insurance. The child is entitled to be accompanied by their primary carer who will have a derivative right of residence.
- Ibrahim/Teixeira - The child of an EEA national worker or former worker where that child is in education in the UK. The primary carer of a child of an EEA national worker or former worker where that child is in education in the UK, and where requiring the primary carer to leave the UK would prevent the child from continuing their education in the UK.
- Zambrano - The non-EEA primary carer of a British citizen who is residing in the UK and who has a right to reside if their removal from the UK would result in requiring the British citizen child to leave the UK and the EU.
- 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 EU Settlement Scheme.
If a non-EEA family member does not fit into the above categories, then generally they will be eligible to apply for an EU Settlement Scheme Family Permit. If you are in doubt as to which Scheme to apply under then please contact our experienced immigration team who will be able to advice you.