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EUSS Family permit

After the United Kingdom left the European Union and the end of the so-called transitional period, some conditions that must be met by family members of EU citizens living in the United Kingdom who want to move to this country with their relatives have also changed. An important date in this context was also the end of June 2021, which was the official deadline for submitting an application for the status of a resident or preliminary status of a resident. Most EU citizens who have decided to stay in the UK should already be granted status by this time, or at least be at the stage of applying for this status and awaiting the Home Office's opinion on granting / not granting status.

Their relatives wishing to immigrate to the UK currently have two options, either to apply for a resident status or a preliminary resident status as well, or to apply for an EUSS Family Permit. Residence registration system for EU citizens). In this post, we will focus on the EUSS Family Permit - a permit that will allow you to move with your family member to the UK, where you will also have the opportunity to work or study for the duration of this permit.

In the past, many of our clients may have encountered two different residence permits for family members of an EU, EEA or Swiss citizen, namely the EEA Family Permit and the already mentioned EUSS Family Permit. However, the EEA Family Permit can no longer be applied for and all issued EEA Family Permits expired on 30.6.2021. However, for family members of EU, EEA and Swiss citizens, there is now an application under the EU Settlement Scheme (EUSS Family Permit), the essence of which is to allow these people to travel with their relatives to the UK, where they can subsequently, they may apply for preliminary or resident status themselves, usually no later than three months after their first entry into the United Kingdom. EUSS Family Permit may have a different validity period:

• 6 months from the date of the decision to grant EUSS Family Permit if you want to visit your relatives after 1.4.2021 and the application stated that you are planning a trip to the UK on a date which is within three months from the date of the decision to grant Family Permit .

o Example - the lady applied for the EUSS Family Permit on 1.1.2021 and stated in the request that she would come to the UK on 1.5.2021. Her application was approved on 15.2.2021. As it is less than three months from the date of the decision to grant the EUSS Family Permit to the date of the scheduled departure, the EUSS Family Permit is valid for 6 months from the date of the decision.

• 4 months from the date of arrival in the UK, if you want to come to your relatives after 1.4.2021 and the application for EUSS Family Permit stated that you plan to travel to the UK on a date that is at least three months after the date of the Family Permit decision .

o Example - the Mr. xxx applied for the EUSS Family Permit 1.1.2021 and stated in the application that he would come to the UK on 1.5.2021. His request was approved on 2.1.2021. As there is more than three months from the date of the decision to grant the EUSS Family Permit to the date of the scheduled departure, the EUSS Family Permit is only valid for 4 months from the scheduled date of arrival in the UK.

To apply for an EUSS Family Permit, you must meet one of the following conditions:

• You are a family member of an EU, Switzerland, Norway, Iceland or Liechtenstein citizen and this family member moved to the UK by 31.12.2020. Family members of citizens with British citizenship also have the opportunity to apply, see https://www.gov.uk/family-permit for more details)

• You are a family member of a citizen of the EU, Switzerland, Norway, Iceland or Liechtenstein who does not live in the UK but works regularly in that country (a "frontier worker").

• You are a family member of a deceased citizen of the EU, Switzerland, Norway, Iceland or Liechtenstein, who lived in Great Britain, or a citizen who has moved out of the UK or with whom you have broken a family relationship. However, the condition that this family member had to stay in the UK before 31.12.2020 is important.

• You are a family member of a British citizen, see https://www.gov.uk/family-permit for more details

• You are a family member of a Northern Ireland citizen, see https://www.gov.uk/family-permit for more details

At the same time, as an applicant for an EUSS Family Permit, you must meet the following:

• Your family relationship with the family member began before 31.12.2020

• Your family member lived in the UK before 31.12.2020

• Your family member lives in the UK at the time of the application or arrives in the UK with you within 6 months of the application

Children born or adopted after 31.12.2020 may also be eligible for the EUSS Family Permit if they are a child of a person who lives in the European Union, Switzerland, Norway, Iceland or Liechtenstein, or is a partner or civilian of a person who is a citizen of the European Union, Switzerland, Norway, Iceland or Liechtenstein. More information eg here https://www.gov.uk/settled-status-eu-citizens-families/apply-settled-status-for-child

The question that we often encounter in our work with clients is which family member it is actually possible to "connect" through the EUSS Family Permit, ie whether it is possible to move to the UK on the basis of this permit, for example, for an aunt, brother, etc. Here it is true that your relative in the UK was supposed to be yours:

• Partner or civilian partner

• Descendant or grandson / granddaughter up to 21 years

• A descendant or grandson / granddaughter over the age of 21 who is dependent on the care of another person

• A parent or grandparent who is dependent on the care of another person

• Family member within adoption (according to English law)

Another important condition and crucial information for our clients is that the application for an EUSS Family Permit must be submitted outside the UK. It is therefore necessary to remember this fact before leaving for the UK and to consider whether to apply for an EUSS Family Permit or to apply directly for a resident status or a preliminary resident status (with a "link" to the status of a family member residing in the UK and to which the

person will move). If we decide to go to Britain without status or EUSS Family Permit, we run the risk that we will not be allowed to enter the UK, or that there will be further complications in communicating with the Home Office and in general the process of obtaining resident status or preliminary resident status.

Another important condition and crucial information for our clients is that the application for an EUSS Family Permit must be submitted outside the UK. It is therefore necessary to remember this fact before leaving for the UK and to consider whether to apply for an EUSS Family Permit or to apply directly for a resident status or a preliminary resident status (with a "link" to the status of a family member residing in the UK and to which the person will move). If we decide to go to Britain without status or EUSS Family Permit, we run the risk that we will not be allowed to enter the UK, or that there will be further complications in communicating with the Home Office and in general the process of obtaining resident status or preliminary resident status.

Passport or identity card (if you are a citizen of the EU, Switzerland, Norway, Iceland or Liechtenstein)

The application number of the resident / preliminary resident status of your family member to whom you want to move to the UK. This is a 16-digit number that your relative received in an e-mail in which he was approved as a resident or preliminary resident.

Evidence that your family member was a resident of the UK before 31.12.2020, that he / she resides here continuously (eg he / she did not travel back to the Czech Republic for a long time) and that he / she does not have a criminal record

For more information visit https://www.gov.uk/family-permit/apply-joining-family-member-eu-switzerland-norway-iceland-liechtenstein.

The application for an EUSS Family Permit must be submitted online via the website https://visas-immigration.service.gov.uk/country-selection. To help solve your application, contact our social workers, who will be happy to help you and who will be able to advise on a specific procedure.