EU & EEA Immigration Solicitors

Family members of EU nationals can also apply to remain in the UK under the EUSS. However, the Home Office applies a narrower definition of “family member” compared to the definition used prior to Brexit.

Family members includes a spouse, civil partner, unmarried partner, child or grandchild (under 21), dependent child or grandchild (over 21) and dependant parent or grandparent. Regarding dependant family members, the Home Office requires applicants to submit evidence demonstrating clear dependency for an application to be successful.

Most family members who wish to apply under the EUSS will need to ensure the relationship began before the cut-off date. If the relationship began thereafter, the family member may need to consider other immigration options to relocate to the UK, such as Appendix Family Members.

There are however some exceptions to this rule, which include children who were born after the cut-off date and spouses/civil partners of Swiss nationals who will remain eligible provided their marriage/civil partnership began before 1 January 2026.

The deadline for most applicants to apply to the EUSS was 30 June 2021 (there are exemptions). Since this date, the Home Office has generally accepted late applications, however from 9 August 2023 the Home Office has implemented a much harder stance regarding late applications. Although it still remains possible to submit a late application the Home Office will need to be satisfied that the lateness is justified.

With our extensive EUSS experience, our immigration experts can consider your circumstances, provide you with bespoke advice and if you are eligible, assist with a robust application to secure your residence in the UK under the EUSS.