Who can apply to the EUSS

Eligible joining family members can be of any nationality, and include:

• Spouses
• Civil partners
• Unmarried 'durable' partners
• Children and grandchildren under the age of 21
• Dependent children and grandchildren
• Dependent parents and grandparents 

Please note that each of those relationships is defined in Annex 1 of Appendix EU.

It's important to understand how the Home Office views eligible family relationships under the EUSS. Family relationships between the EU citizen and their family member, with the exception of children, generally need to have begun on or before 31 December 2020.

"Durable" partners usually refer to unmarried partners who have lived together for at least two years by 31 December 2020, although the Home Office may accept other significant evidence of the relationship where a couple has not lived together for this period of time.

To apply as a "dependent" family member of an EU citizen you'll generally need to show that you cannot meet your essential living needs without the support of the EU citizen or the EU citizen's spouse or civil partner. In other words, simply having some family in the UK won't be enough. Extended family members such as siblings, cousins, aunts and uncles were only able to apply to the EUSS if they had applied for an EEA Family Permit or residence card before 31 December 2020.

Applications based on dependent or durable family relationships can be complex, and you should obtain legal advice from a qualified immigration adviser.

If you once lived in the UK but don't anymore, you may be eligible for status under the EUSS. However, this depends on your immigration history. Broadly speaking, three scenarios apply.

1. If you have already completed a five-year period of continuous residence in the UK, and have not since been outside of the UK for more than five years, you may be eligible to apply for settled status.

2. If you have not already completed a five-year period of continuous residence in the UK, but lived in the UK on or before 31 December 2020 and have not since left the UK for more than six months in any twelve-month period, you may qualify for a status under the EUSS.

3.If it's been more than six months since you last lived in the UK, or if you've been away from the UK for more than six months in any twelve-month period during your residence in the UK, you might not be able to get a status under the EUSS. There are exceptions to this, where you have been outside of the UK for a single period of up to 12 months due to an important reason, as well as absences resulting from coronavirus. 

You should obtain advice from a qualified immigration adviser where you are seeking to make an application under the EUSS and have had lengthy absences outside of the UK or previously resided in the UK.  

If you are looking to come to the UK to work and live, you need to apply under the new immigration system. Free movement with the European Union (EU) ended on 31 December 2020 and there are now new arrangements for EU citizens. 

In order to work legally in the UK, most people will need a visa sponsored by an employer licenced by the Home Office to hire migrant workers. You can learn more about the UK work visa system, and check if your employer holds the correct licence to hire migrant workers from the Home Office register of licenced sponsors.