Although the deadline for most people to apply to the EU Settlement Scheme (EUSS) was 30 June 2021, family members of a qualifying British citizen serving in UK Armed Forces might still be able to apply to the Scheme if they are accompanying the SP on a posting within an EU or EEA member state.
This does not apply to family members accompanying British citizens serving in UK Armed Forces in the Sovereign Base Areas (SBA) of Dhekelia and Akrotiri in Cyprus. To accompany British SP on assignment to the UK they will be required to apply through normal Immigration Rules Appendix Armed Forces. Further guidance is provided below.
Applications for EUSS family permits and to the EUSS itself do not carry any fees.
Where family members are required to apply for an Armed Forces visa to accompany SP to the UK, visa fees will be paid from public funds in accordance with JSP 752 chap 9.
Family members accompanying British citizens serving in UK Armed Forces who are assigned to the UK from overseas must not travel until they have appropriate UK entry clearance in place.
Guidance: Summary
The deadline for most people to apply to the EU Settlement Scheme (EUSS) was 30 June 2021. However, family members of a qualifying British citizen serving in UK Armed Forces might still be able to apply to the Scheme if they are accompanying the SP on a posting within an EU or EEA member state, or Switzerland. To do so:
· The SP must have been on assignment for more than 3 months by 31 December 2020.
· The family relationship must have formed before the UK’s exit from the EU at 23:00 GMT (midnight CET) on 31 January 2020 and fall into one of the following categories:
- Spouses/civil partners (including where the marriage/civil partnership took place after 31 January 2020 but they can demonstrate they were in a durable partnership before that date).
- Durable partners[1] (that is unmarried partners who have lived together in a relationship akin to a marriage or civil partnership for at least 2 years or where there is other significant evidence of the durable relationship).
- Children under the age of 21 of a qualifying British citizen or of their spouse or civil partner, including those born or adopted after 31 January 2020. Children over the age of 21 can also qualify if they can demonstrate dependency.
- Dependent parents of a qualifying British citizen or of their spouse or civil partner.
How to apply:
The family member will first need to apply for an EUSS family permit in order to enter the UK with the qualifying British citizen. Once in the UK they can then apply to the EUSS.
Family members who are not eligible for entry in the UK with a EUSS Family Permit or for the EUSS itself must apply through Immigration Rules Appendix Armed Forces if they wish to accompany British citizens serving in UK Armed Forces to the UK.
When to apply:
Eligible family members have until 23:00 GMT on 29 March 2022 to apply for an EUSS family permit to return to the UK with SP who are qualifying British citizens.
They can apply after 29 March 2022 if they can show ‘reasonable grounds’ for not returning to the UK by then, such as medical reasons or coronavirus restrictions.
Eligible family members also have until 23.00 GMT on 29 March 2022 to apply from within the UK to the EUSS.
However, family members of a qualifying British citizen who are granted an EUSS family permit, which they applied for by 29 March 2022 (or after that date where they can show ‘reasonable grounds’ for not returning to the UK by then), will be considered to have ‘reasonable grounds’ for returning to the UK and applying here to the EUSS after that deadline. They should apply to the EUSS as soon as they reasonably can after their return to the UK.
[1] SP should note that the Home Office’s definition of ‘durable partners’ differs to the definition used by the MOD for Established Long Term Relationships for eligibility to SFA. For the purposes of the EUSS family members must meet the Home Office definition.