The EU Settlement Scheme (EUSS) family permit allows certain non-UK family members of eligible EU, EEA and Swiss citizens to join them in the UK. While freedom of movement has ended following Brexit, transitional provisions under the Withdrawal Agreement continue to protect family unity rights in specific circumstances. Importantly, eligibility depends on the family relationship existing before 31 December 2020, except for children born or adopted after this date.
What this article is about
This article explains the EU Settlement Scheme family permit, who can apply, and how the process works. It sets out the rights and limitations of permit holders, and the compliance considerations for UK employers. It is designed for HR directors, managers and business owners who may have staff affected, offering guidance on how to support employees while maintaining right to work compliance.
Section A: Understanding the EU Family Permit
The EU Settlement Scheme family permit is designed to enable eligible family members of EU, EEA or Swiss citizens to join their relatives in the UK. It acts as a short-term entry clearance that allows non-UK family members to travel to the UK and reside here before applying to the EU Settlement Scheme itself. This permit was created as part of the transitional arrangements following Brexit, ensuring that family unity rights under EU law were honoured even after freedom of movement came to an end.
1. What the EU Settlement Scheme family permit is
The family permit is a visa that grants permission for non-UK family members of EU, EEA or Swiss citizens with settled or pre-settled status in the UK to enter and live in the country. It is issued for six months and is free of charge. The permit allows travel to the UK, residence with the family member, and the right to work during the validity period.
It is important to note that the family permit itself does not confer long-term immigration status. Instead, it acts as a stepping stone, enabling the holder to enter the UK and then apply to the EU Settlement Scheme for pre-settled or settled status.
2. Who can apply and eligible relationships
Applicants must demonstrate a qualifying family relationship to the EU, EEA or Swiss citizen. Eligible family members include:
- Spouses and civil partners
- Unmarried partners in a durable relationship
- Children and grandchildren under 21, or dependent children and grandchildren over 21
- Dependent parents and grandparents
Extended family members (such as siblings or cousins) are no longer eligible unless they already held residence documentation before the 31 December 2020 deadline. Evidence of the relationship and dependency is critical, and the Home Office applies strict criteria to prevent misuse of the route.
3. Difference between the family permit and the EU Settlement Scheme
The family permit is distinct from the EU Settlement Scheme itself. The Settlement Scheme provides either pre-settled or settled status, conferring long-term residence rights. The family permit, in contrast, is a temporary entry clearance document.
In practice, an individual who obtains a family permit uses it to travel to the UK, then makes an application under the EU Settlement Scheme to secure ongoing residence rights. Without this follow-on application, their lawful stay in the UK would end when the family permit expires.
Section A Summary
The EU Settlement Scheme family permit is a short-term visa allowing eligible family members of EU, EEA and Swiss citizens to come to the UK and join their relatives. It is valid for six months, free to apply for, and provides the right to work. However, it is not a permanent status; applicants must subsequently apply under the EU Settlement Scheme to secure pre-settled or settled status. For HR personnel, understanding these distinctions is crucial to supporting employees and ensuring compliance.
Section B: Application Process
The application process for an EU Settlement Scheme family permit is relatively straightforward but requires careful preparation of evidence to prove both the family relationship and the EU citizen’s status in the UK. For HR professionals, understanding the steps can help in providing practical support to staff members and managing any employment implications during the waiting period.
1. How to apply for the family permit
Applications are made online through the official GOV.UK portal. The applicant must be outside the UK at the time of applying. The process involves completing the online form, submitting the required evidence, and attending a biometric appointment if requested.
The EU citizen family member in the UK must either have settled or pre-settled status under the EU Settlement Scheme, or must have applied before the deadline and be awaiting a decision. The applicant needs to provide the unique application number (UAN) or share code from the EU citizen relative to demonstrate their status.
2. Documents and evidence required
Supporting documents will vary depending on the relationship claimed, but generally include:
- A valid passport or travel document for the applicant
- Proof of relationship (such as a marriage certificate, civil partnership certificate, or evidence of cohabitation for unmarried partners)
- Evidence of dependency where relevant (for example, financial support documentation for dependent parents or adult children)
- Evidence of the EU, EEA or Swiss citizen’s residence in the UK (utility bills, tenancy agreements, bank statements)
- The EU citizen’s settled or pre-settled status confirmation
All documents must be originals or certified copies. Where documents are not in English, a certified translation will be required.
3. Application fees and processing times
There is no fee to apply for the EU Settlement Scheme family permit. The Home Office processes applications on a case-by-case basis, and timescales can vary. In practice, decisions may take several months, particularly where additional evidence is requested or where backlogs exist in Home Office casework.
Employers should be aware that delays can occur, and applicants may face periods of uncertainty regarding their ability to travel or start work. Clear communication between HR teams and affected employees is vital to manage expectations and employment start dates.
Section B Summary
Applying for the EU Settlement Scheme family permit is free and completed online, but the process requires strong supporting evidence to demonstrate both the family relationship and the EU citizen’s immigration status in the UK. The permit is not granted automatically, and Home Office scrutiny can lead to delays. HR teams should be mindful of these potential delays when planning start dates for new recruits or supporting existing employees with family joining them in the UK.
Section C: Rights and Limitations of Permit Holders
The EU Settlement Scheme family permit grants important rights for eligible non-UK family members, but its scope is limited. HR professionals should understand both the benefits and the restrictions, as these affect employment eligibility, the employee’s immigration journey, and the organisation’s compliance responsibilities.
1. Length of stay and conditions
The family permit is valid for six months. During this period, the holder is permitted to enter and reside in the UK with their EU, EEA or Swiss family member. The permit cannot be extended beyond the initial six-month period.
To remain lawfully in the UK beyond this time, the family permit holder must apply to the EU Settlement Scheme for either pre-settled or settled status. If they do not apply before the permit expires, they will lose their lawful status and right to work, even if they remain in the UK.
2. Right to work in the UK
A significant benefit of the EU Settlement Scheme family permit is the immediate right to work. Holders are allowed to take up employment in the UK without restriction during the validity of the permit. Employers can verify the individual’s right to work through the standard online right to work check system, using the family permit and share code as evidence.
For HR directors and managers, this means that employees can be onboarded without sponsorship requirements. However, employers must ensure that a follow-up right to work check is conducted before the permit expires and should remind employees to secure their longer-term EUSS status to avoid disruption.
3. Transition to pre-settled or settled status
The family permit is intended only as an entry route. Once in the UK, the individual must make an application to the EU Settlement Scheme.
Pre-settled status is typically granted where the applicant has not yet lived in the UK for five years. It allows lawful residence and the ability to work, study, and access healthcare while building up residence.
Settled status becomes available once five years’ continuous residence is demonstrated, granting indefinite rights to live and work in the UK.
Section C Summary
The EU Settlement Scheme family permit provides six months’ lawful residence, during which time holders can work freely in the UK. It is not a permanent status, and the holder must apply to the EU Settlement Scheme to remain beyond the six-month period. For employers, the key benefit is the immediate right to work, but the risk lies in ensuring employees secure their longer-term status in time.
Section D: HR and Employer Considerations
For employers, the EU Settlement Scheme family permit raises several compliance and workforce management issues. HR teams must be prepared to support employees with family permit queries while ensuring the organisation remains compliant with UK right to work legislation.
1. Right to work checks for EU family permit holders
Employers must carry out standard right to work checks on all employees, regardless of nationality. For family permit holders, the permit itself, combined with the online share code system, provides the necessary evidence of work authorisation.
It is vital to diarise the expiry of the six-month permit, as the employee’s right to work will lapse if they do not obtain pre-settled or settled status before it expires. A follow-up check must therefore be conducted before the expiry date, in line with statutory excuse requirements under the Immigration, Asylum and Nationality Act 2006.
Under Home Office guidance, employers are not responsible for ensuring that the family member applies to the EU Settlement Scheme, but they are responsible for ensuring that right to work checks are repeated before the family permit expires.
2. Supporting employees through the process
HR departments can play a proactive role in supporting employees affected by the family permit system. This may involve:
- Signposting staff to official guidance and trusted immigration advice sources
- Assisting with time off for biometric appointments or travel to embassies where required
- Providing reassurance regarding job security while awaiting permit decisions
- Ensuring internal communication is clear about deadlines and follow-on applications to the EU Settlement Scheme
By offering support, employers can strengthen staff retention and demonstrate commitment to employee welfare, particularly for international employees navigating complex immigration processes.
3. Risks of non-compliance for employers
If an employee remains in the UK after their family permit expires without having applied to the EU Settlement Scheme, they will lose the right to work. Continuing to employ them would place the business in breach of immigration law.
Sanctions for non-compliance include fines of up to £20,000 per illegal worker, potential criminal prosecution for knowingly employing someone without the right to work, and damage to the organisation’s ability to sponsor skilled workers in future.
To mitigate these risks, HR teams must implement robust right to work check processes, diarise follow-up checks, and maintain accurate employee records.
Section D Summary
For HR directors and employers, the EU Settlement Scheme family permit brings both opportunities and risks. It allows immediate access to work for eligible employees, but it is time-limited and requires careful monitoring of expiry dates. Employers must conduct right to work checks correctly, support staff through the application process, and ensure follow-up checks are completed to remain compliant and avoid sanctions.
FAQs
Can the EU family permit be extended?
No. The EU Settlement Scheme family permit is valid for six months only and cannot be extended. To remain in the UK, the permit holder must apply under the EU Settlement Scheme before the expiry date.
What happens if the application is refused?
If an application is refused, the applicant will usually be given reasons for the decision and whether an administrative review or appeal is available. Employees in this situation should be encouraged to seek legal advice promptly, as refusal could affect their ability to join or remain with their family in the UK.
Do employees need to switch to a different visa later?
In most cases, no. The intention of the family permit is that the individual transitions to pre-settled or settled status under the EU Settlement Scheme, rather than moving to a different visa route. However, if the EUSS application is unsuccessful, the person may need to consider an alternative immigration route.
How does Brexit affect family permit rights?
The family permit exists specifically because of Brexit, as part of the UK’s obligations under the Withdrawal Agreement, to preserve certain rights for family members of EU, EEA and Swiss citizens after freedom of movement ended. However, the permit is limited to defined family relationships and strict eligibility rules apply. Employers should not assume that all relatives of EU nationals are automatically entitled.
Conclusion
The EU Settlement Scheme family permit plays an important role in enabling family members of EU, EEA and Swiss citizens to join their relatives in the UK following Brexit. For HR directors and employers, the key takeaway is that while the permit provides immediate right to work, it is strictly time-limited and requires a follow-on application to the EU Settlement Scheme for long-term residence.
HR teams should ensure that right to work checks are conducted correctly at the start of employment and that follow-up checks are diarised before the family permit expires. Employers who take a proactive approach in supporting affected employees, both in understanding their obligations and accessing trusted immigration advice, will minimise compliance risk while fostering workforce stability.
Ultimately, the EU Settlement Scheme family permit is a transitional mechanism. Employers must treat it as such by recognising its limitations, ensuring employees apply for pre-settled or settled status, and maintaining robust HR systems to safeguard compliance.
Glossary
| Term | Definition |
|---|---|
| EU Settlement Scheme (EUSS) | The UK immigration scheme allowing EU, EEA and Swiss citizens and their family members to secure lawful residence through pre-settled or settled status. |
| Family Permit | A six-month entry clearance document enabling eligible family members of EU, EEA or Swiss citizens to travel to and live in the UK before applying to the EUSS. |
| Pre-settled Status | Temporary immigration status under the EUSS granted to those who have not yet completed five years’ continuous residence in the UK. |
| Settled Status | Permanent immigration status under the EUSS, usually granted after five years’ continuous UK residence, allowing indefinite right to live and work. |
| Right to Work | The legal requirement for UK employers to confirm and evidence that all employees are authorised to work in the UK under immigration law. |
Useful Links
| Resource | Link |
|---|---|
| GOV.UK – Apply for an EU Settlement Scheme family permit | Visit here |
| GOV.UK – Right to work checks | Visit here |
| DavidsonMorris – EU Family Permit | Visit here |
| Xpats.io – EU Family Permit | Visit here |
Author
Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.
Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing & Content Agency for the Professional Services Sector.
