If your search for information on joining a European family member in the UK has led you to the eea family permit, it is critically important to understand that the UK's immigration landscape has fundamentally changed. Following the UK's departure from the European Union (Brexit), the rules based on EU free movement law have ended. As a result, the EEA Family Permit route is now closed to most new applicants.
Relying on outdated information can lead to confusion, wasted time, and failed applications. The end of free movement has created a new and more complex system for European nationals and their families. At Immigration Solicitors4me, we provide clear, up-to-the-minute advice to help families navigate these new rules and successfully reunite in the UK. This guide will explain what the eea family permit was, why it ended, and, most importantly, what your correct options are today.
What Was the EEA Family Permit? A Look Back at a Bygone Era
To understand the current system, it helps to understand what it replaced. The EEA Family Permit was a form of entry clearance issued under EU law, which used to apply in the UK. It was free of charge and allowed non-European family members (such as a spouse, child, or dependant parent) to travel to the UK to join or accompany their EEA national family member. The European family member had to be in the UK exercising their "Treaty rights"—for example, by working, studying, or being self-sufficient.
This entire framework was built on the principle of free movement between EU and EEA countries. When the UK officially left the EU, this principle no longer applied. The system was phased out and replaced by the UK’s own domestic immigration rules and the EU Settlement Scheme, with the main deadline for applications under the old rules passing on 30 June 2021. Our solicitors at Immigration Solicitors4me successfully handled countless applications under the old EU regulations, giving us a unique perspective on the challenges families now face in the post-Brexit system.
The Primary Replacement: The EU Settlement Scheme (EUSS)
The closest equivalent to the old system is the EU Settlement Scheme. However, it operates under much stricter criteria and is not open to everyone. An "EUSS Family Permit" does exist, but it is for joining a close family member from the EU, Switzerland, Norway, Iceland, or Liechtenstein who was already living in the UK by 31 December 2020 and who holds status under the scheme.
To be eligible as a "joining family member," your relationship with the EEA national must have existed before 31 December 2020 (with some exceptions for children born later). If your relationship began after this date, this route is generally not available to you. Determining your eligibility for the EUSS is now a complex legal test based on specific cut-off dates. The team at Immigration Solicitors4me can assess your unique circumstances to see if this is a viable option for you, a crucial step now that the old eea family permit is no longer available.
The New Default: Applying Under the UK’s Domestic Immigration Rules
For the majority of people whose family circumstances do not meet the strict EUSS criteria—for example, you married your EEA partner in 2022—you must now apply under the standard UK Immigration Rules. This means you will be treated in the same way as a family member of a British citizen.
This represents the single biggest change for families. It means applying for a visa such as:
- A Spouse Visa
- A Fiancé Visa
- A Dependant Child Visa
The differences between these routes and the old eea family permit are stark. The new routes involve:
- High Application Fees:Costing thousands of pounds per person.
- The Immigration Health Surcharge (IHS):A mandatory fee to cover NHS access, also costing thousands of pounds.
- A Strict Financial Requirement:Your EEA family member in the UK must prove they meet a high minimum income threshold.
- An English Language Requirement:You will likely need to pass an approved English language test.
The free, flexible, and rights-based eea family permit has been replaced by costly and demanding applications with a high burden of proof. At Immigration Solicitors4me, we provide expert guidance on meeting these tough new requirements, from navigating the complex financial rules of Appendix FM to preparing for the English language test.
The immigration landscape for families of EEA nationals has changed irrevocably. Your search, which may have started with an old term, must now pivot to understanding either the limited EUSS pathway or the demanding standard UK visa routes. To get a clear and accurate assessment of your correct and current options for joining your family in the UK, contact the post-Brexit immigration specialists at Immigration Solicitors4me today.