Immigration Rules

Immigration Rules Appendix EU (Family Permit)

EU (Family Permit)

Appendix EU (Family Permit)

Purpose

FP1. This Appendix sets out the basis on which a non-EEA citizen will, if they apply under it, be granted an entry clearance – in the form of an EU Settlement Scheme Family Permit – to join a relevant EEA citizen in the UK or to accompany them to the UK.

FP2. This Appendix has effect in connection with the granting of entry clearance for the purposes of acquiring leave to enter or remain in the UK by virtue of Appendix EU to these Rules.

Requirements and procedure

  1. FP3. The applicant will be granted an entry clearance under this Appendix, valid for a period of six months from the date of decision, by an entry clearance officer where:
    1. (a) A valid application has been made in accordance with paragraph FP4;
    2. (b) The applicant meets the eligibility requirements in paragraph FP6; and
    3. (c) The applicant is not to be refused on grounds of suitability in accordance with paragraph FP7.
  1. FP4. A valid application has been made under this Appendix where:
    1. (a) It has been made using the required application process;
    2. (b) The required proof of identity and nationality has been provided; and
    3. (c) The required biometrics have been provided.

FP5. An application will be rejected as invalid where it does not meet the requirements in paragraph FP4.

  1. FP6. The applicant meets the eligibility requirements for an entry clearance to be granted under this Appendix where the entry clearance officer is satisfied that at the date of application:
    1. (a) The applicant is a non-EEA citizen;
    2. (b) The applicant is a family member of a relevant EEA citizen;
    3. (c) The relevant EEA citizen is resident in the UK or will be travelling to the UK within six months of the date of application;
    4. (d) The applicant will be accompanying the relevant EEA citizen to the UK or joining them in the UK; and
    5. (e) The applicant (“A”) is not the spouse, civil partner or durable partner of a relevant EEA citizen (“B”) where a spouse, civil partner or durable partner of A or B has been granted an entry clearance under this Appendix or holds a valid EEA family permit issued under regulation 12 of the EEA Regulations.
  1. FP7. (1) An application made under this Appendix will be refused on grounds of suitability where any of the following apply at the date of decision:
    1. (a) The applicant is subject to a deportation order or to a decision to make a deportation order; or
    2. (b) The applicant is subject to an exclusion order or exclusion decision.
  2. (2) An application made under this Appendix may be refused on grounds of suitability where any of the following apply at the date of decision:
    1. (a) The applicant is subject to an Islands deportation order; or
    2. (b) The applicant is subject to an Islands exclusion decision.
  3. (3) An application made under this Appendix may be refused on grounds of suitability where, at the date of decision, the entry clearance officer is satisfied that it is proportionate to refuse the application where:
    1. (a) In relation to the application and whether or not to the applicant’s knowledge, false or misleading information, representations or documents have been submitted (including false or misleading information submitted to any person to obtain a document used in support of the application); and
    2. (b) The information, representation or documentation is material to the decision whether or not to grant the applicant an entry clearance under this Appendix.
  4. (4) The references in this paragraph to an order or decision to which the applicant is subject do not include an order or decision which, at the date of decision on their application under this Appendix, has been set aside or no longer has effect in respect of the applicant.

FP8. A valid application made under this Appendix which does not meet the requirements for an entry clearance to be granted will be refused.

FP9. Annex 1 sets out definitions which apply to this Appendix. Any provision made elsewhere in the Immigration Rules for those terms, or for other matters for which this Appendix makes provision, does not apply to an application made under this Appendix.

FP10. Annex 2 applies to the consideration by the entry clearance officer of a valid application made under this Appendix.

Annex 1 - Definitions

Term Definition
adopted child a child adopted in accordance with a decision taken:
(a) by the competent administrative authority or court in the UK or the Islands; or
(b) by the competent administrative authority or court in a country whose adoption orders are recognised by the UK or the Islands; or
(c) in a particular case in which that decision in another country has been recognised in the UK or the Islands as an adoption
child (a) the direct descendant under the age of 21 years of a relevant EEA citizen or of their spouse or civil partner; or
(b)(i) the direct descendant aged 21 years or over of a relevant EEA citizen or of their spouse or civil partner; and
(ii) dependent on the relevant EEA citizen or on their spouse or civil partner

‘dependent’ means here that:
(a) having regard to their financial and social conditions, or health, the applicant cannot meet their essential living needs (in whole or in part) without the financial or other material support of the relevant EEA citizen or of their spouse or civil partner; and
(b) such support is being provided to the applicant by the relevant EEA citizen or by their spouse or civil partner; and
(c) there is no need to determine the reasons for that dependence or for the recourse to that support

in addition:
(a) ‘child’ includes:
(i) an adopted child of; or
(ii) a child born through surrogacy (where recognised in UK law or Islands law) for; or
(iii) a child in respect of whom a special guardianship order (within the meaning of section 14A(1) of the Children Act 1989) is in force appointing as their special guardian; or
(iv) a child in respect of whom an order has been made under section 5 of the Children Act 1989 appointing as their guardian; or
(v) a child subject to a permanence order made under section 80 of the Adoption and Children (Scotland) Act 2007 vesting parental responsibilities and parental rights in a person who is; or
(vi) a child who has a guardian appointed under section 7 of the Children (Scotland) Act 1995, or who is living with a person pursuant to an order made under section 11 of that Act, and that guardian or other person is; or
(vii) a child in respect of whom an order has been made under Article 159 of the Children (Northern Ireland) Order 1995, or in respect of whom an appointment has been made under Article 160 of that Order, appointing as their guardian a person who is; or
(viii) a child who has a guardian appointed under section 12 or 14 of the Children (Guernsey and Alderney) Law 2008 or section 12 or 13 of the Children (Sark) Law 2016, or who is living in the care of a person pursuant to an order made under section 14 of the 2008 Law or section 13 of the 2016 Law, and that guardian or other person is; or
(ix) a child in respect of whom an order under Article 7 of the Children (Jersey) Law 2002 is in force appointing as their guardian; or
(x) a child in respect of whom a special guardianship order (within the meaning of section 17A of the Children and Young Persons Act 2001 of Tynwald) has been made appointing as their special guardian; or
(xi) a child in respect of whom an order has been made under section 6 or 7 of the Children and Young Persons Act 2001 of Tynwald appointing as their guardian,
(as the case may be) a relevant EEA citizen or their spouse or civil partner, but ‘child’ does not include a child cared for by a relevant EEA citizen or their spouse or civil partner solely by virtue of a formal or informal fostering arrangement; and
(b) ‘direct descendant’ also includes a grandchild or great-grandchild; and
(c) ‘spouse or civil partner’ means (as the case may be) the person described in sub-paragraph (a) of the entry for ‘family member of a relevant EEA citizen’ in this table
civil partner (a) the person is in a valid civil partnership (which exists under or by virtue of the Civil Partnership Act 2004 or under any equivalent legislation in the Islands); or is in a same sex relationship registered overseas which is entitled to be treated as a civil partnership under that Act or under any equivalent legislation in the Islands, with a relevant EEA citizen; and
(b) it is not a civil partnership of convenience; and
(c) neither party has another civil partner, a spouse or a durable partner with (in any of those circumstances) immigration status in the UK or the Islands based on that person’s relationship with that party
civil partnership of convenience

durable partnership of convenience

marriage of convenience
a civil partnership, durable partnership or marriage entered into as a means to circumvent:
(a) any criterion the party would have to meet in order to enjoy a right to enter or reside in the UK under the EEA Regulations; or
(b) any other provision of UK immigration law or any requirement of the Immigration Rules; or
(c) any criterion the party would otherwise have to meet in order to enjoy a right to enter or reside in the UK under EU law; or
(d) any criterion the party would have to meet in order to enjoy a right to enter or reside in the Islands under Islands law
date of application the date on which the application is submitted under the required application process
dependent parent the direct relative in the ascending line of a relevant EEA citizen or of their spouse or civil partner

in addition:
(a) ‘direct relative in the ascending line’ includes a grandparent or great-grandparent; and
(b) ‘spouse or civil partner’ means (as the case may be) the person described in sub-paragraph (a) of the entry for ‘family member of a relevant EEA citizen’ in this table; and
(c) the dependence of the direct relative in the ascending line on the relevant EEA citizen, or on their spouse or civil partner, is assumed
deportation order as the case may be:
(a) an order made under section 5(1) of the Immigration Act 1971 by virtue of regulation 32(3) of the EEA Regulations; or
(b) an order made under section 5(1) of the Immigration Act 1971 by virtue of section 3(5) or section 3(6) of that Act (in respect of conduct committed after the specified date, or conduct committed before that date where the Secretary of State has decided that the deportation order is justified on the grounds of public policy, public security or public health in accordance with regulation 27 of the EEA Regulations, irrespective of whether the EEA Regulations apply to the person, except that for “a right of permanent residence under regulation 15” read “indefinite leave to enter or remain”; and for “an EEA decision” read “a deportation decision”)

in addition, for the avoidance of doubt, (b) includes a deportation order made under the Immigration Act 1971 in accordance with section 32 of the UK Borders Act 2007
durable partner (a) the person is, or (as the case may be) was, in a durable relationship with the relevant EEA citizen, with the couple having lived together in a relationship akin to a marriage or civil partnership for at least two years (unless there is other significant evidence of the durable relationship); and
(b) (where the applicant relies on having been the durable partner of the relevant EEA citizen before the specified date, under sub-paragraph (a)(ii) of the entry for ‘family member of a relevant EEA citizen’ in this table) the person held a relevant document as the durable partner of the relevant EEA citizen; and
(c) it is, or (as the case may be) was, not a durable partnership of convenience; and
(d) neither party has, or (as the case may be) had, another durable partner, a spouse or a civil partner with (in any of those circumstances) immigration status in the UK or the Islands based on that person’s relationship with that party
EEA citizen a person who is a national of: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden or Switzerland, and who (unless they are a relevant naturalised British citizen) is not also a British citizen
EEA Regulations the Immigration (European Economic Area) Regulations 2016 (as they have effect at the date of application or as they had effect immediately before they were revoked)
evidence of birth (a) (in the case of a child) the full birth certificate(s) or other document(s) which the entry clearance officer is satisfied evidences that the applicant is the direct descendant of (or otherwise a child of) the relevant EEA citizen or of their spouse or civil partner, as described in sub-paragraph (a) of the entry for ‘family member of a relevant EEA citizen’ in this table; or
(b) (in the case of a dependent parent) the full birth certificate(s) or other document(s) which the entry clearance officer is satisfied evidences that the applicant is the direct relative in the ascending line of the relevant EEA citizen or of their spouse or civil partner, as described in sub-paragraph (a) above
exclusion decision a direction given by the Secretary of State that a person must be refused entry to the UK on the ground that that person’s presence in the UK would not be conducive to the public good:
(a) in respect of conduct committed after the specified date; or
(b) in respect of conduct committed before the specified date, where the Secretary of State is satisfied that the direction is justified on the grounds of public policy, public security or public health in accordance with regulation 27 of the EEA Regulations, irrespective of whether the EEA Regulations apply to that person, except that for “a right of permanent residence under regulation 15” read “indefinite leave to enter or remain”; and for “an EEA decision” read “an exclusion direction”)
exclusion order An order made under regulation 23(5) of the EEA Regulations
family member of a relevant EEA citizen a person who has satisfied the entry clearance officer, including by the required evidence of family relationship, that they are:
(a) the spouse or civil partner of a relevant EEA citizen, and:
(i) the marriage was contracted or the civil partnership was formed before the specified date; or
(ii) the applicant was the durable partner of the relevant EEA citizen before the specified date (the definition of ‘durable partner’ in this table being met before that date rather than at the date of application) and the partnership remained durable at the specified date; or
(b) (the durable partner of a relevant EEA citizen, and:
(i) the partnership was formed and was durable before 31 December 2020; and
(ii) the partnership remains durable at the date of application; and
(iii) the date of application is after 31 December 2020; or
(c) the child or dependent parent of a relevant EEA citizen; or
(d) the child or dependent parent of the spouse or civil partner of a relevant EEA citizen, as described in sub-paragraph (a) above
full birth certificate a birth certificate recognised in the UK or the Islands which records the name of the mother and (where registered) the father
immigration status in the UK or the Islands indefinite or limited leave to enter or remain in the UK or the Islands under or outside the relevant Immigration Rules; exemption from immigration control; the entitlement to reside in the UK or the right of permanent residence in the UK under regulations 13 to 15 of the EEA Regulations; or the entitlement to reside in the Islands or the right of permanent residence in the Islands through the application there of section 7(1) of the Immigration Act 1988 or under the Immigration (European Economic Area) Regulations of the Isle of Man
the Islands the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man
Islands deportation order a deportation order as defined in paragraph 3(6) of Schedule 4 to the Immigration Act 1971, except for such an order that was made in respect of conduct committed before the specified date (unless the Secretary of State is satisfied that the order is justified on the grounds of public policy, public security or public health in accordance with regulation 27 of the EEA Regulations, irrespective of whether the EEA Regulations apply to the person, except that for “a right of permanent residence under regulation 15” read “indefinite leave to enter or remain”; and for “an EEA decision” read “a deportation decision”)
Islands exclusion decision a direction given by the relevant Minister or other authority in the Islands that a person must be refused entry to the Island concerned on the ground that that person’s presence there would not be conducive to the public good, except for such a direction made in respect of conduct committed before the specified date (unless the Secretary of State is satisfied that the direction is justified on the grounds of public policy, public security or public health in accordance with regulation 27 of the EEA Regulations, irrespective of whether the EEA Regulations apply to that person, except that for “a right of permanent residence under regulation 15” read “indefinite leave to enter or remain”; and for “an EEA decision” read “an exclusion direction”)
non-EEA citizen a person who is not an EEA citizen and is not a British citizen
relevant document (a) a family permit, residence card or permanent residence card issued by the UK under the EEA Regulations (or the equivalent document or other evidence issued by the Islands under the relevant legislation there evidencing the entitlement to enter or reside in the Islands or the right of permanent residence in the Islands through the application there of section 7(1) of the Immigration Act 1988 or under the Immigration (European Economic Area) Regulations of the Isle of Man); and
(b) it was not subsequently revoked, or fell to be so, because the relationship or dependency had never existed or had ceased; and
(c) it has not expired or otherwise ceased to be effective and it remained valid for the period of residence relied upon
relevant EEA citizen an EEA citizen who has been granted indefinite leave to enter or remain or limited leave to enter or remain under Appendix EU to these Rules (or under its equivalent in the Islands), which has not lapsed or been cancelled, curtailed or revoked and which is evidenced by the Home Office reference number for that grant of leave (or by the equivalent evidence in the Islands)
relevant naturalised British citizen a relevant EEA citizen who also:
(a) comes within paragraph (b) of the definition of “EEA national” in regulation 2(1) of the EEA Regulations; and
(b) meets the criteria contained in regulation 9A(2) or (3) as the dual national (“DN”) to whom those provisions refer
required application process the relevant on-line application form and a relevant process set out in that form for providing the required proof of identity and nationality and for providing the required biometrics
required biometrics (a) a facial photograph of the applicant (within the meaning of “biometric information” in section 15 of the UK Borders Act 2007); and
(b) the fingerprints of the applicant (also within that meaning of “biometric information”),
in both cases provided in accordance with the required application process
required evidence of family relationship in the case of:
(a) a spouse – a relevant document as the spouse of the relevant EEA citizen, or a valid document of record of a marriage recognised under the law of England and Wales, Scotland or Northern Ireland or of the Islands;
(b) a civil partner – a relevant document as the civil partner of the relevant EEA citizen; a valid civil partnership certificate recognised under the law of England and Wales, Scotland or Northern Ireland or under any equivalent legislation in the Islands; or the valid overseas registration document for a same sex relationship which is entitled to be treated as a civil partnership under the Civil Partnership Act 2004 or under any equivalent legislation in the Islands;
(c) a child – a relevant document issued on the basis of the relevant family relationship or their evidence of birth and, where the applicant is aged 21 years or over, evidence which satisfies the entry clearance officer that sub-paragraph (b)(ii) of the entry for ‘child’ in this table is met;
(d) a dependent parent – a relevant document issued on the basis of the relevant family relationship or their evidence of birth;
(e) a durable partner – evidence which satisfies the entry clearance officer that the durable partnership was formed and was durable by 31 December 2020 and that the partnership remains durable

in addition, where, in order to meet the requirements of this entry, the applicant submits a copy (and not the original) of a document (including by uploading this as part of the required application process), the entry clearance officer can require the applicant to submit the original document where the entry clearance officer has reasonable doubt as to the authenticity of the copy submitted
required proof of identity and nationality the valid passport of the applicant

‘valid’ means that the document is genuine and has not expired or been cancelled or invalidated
specified date (a) if the United Kingdom withdraws from the European Union with a Withdrawal Agreement, 2300 GMT on 31 December 2020; or
(b) if the United Kingdom withdraws from the European Union without a Withdrawal Agreement:
(i) the date and time of withdrawal for the references to specified date in:
- the entry for ‘deportation order’ in this table;
- sub-paragraph (b) of the entry for ‘durable partner’ in this table;
- the entry for ‘exclusion decision’ in this table;
- sub-paragraph (a) of the entry for ‘family member of a relevant EEA citizen’ in this table; and
- the entry for ‘Islands deportation order’ and for ‘Islands exclusion decision’ in this table; or
(ii) otherwise, such date as will be specified in this Appendix in due course
spouse (a) the person is party to a marriage with a relevant EEA citizen and the marriage is recognised under the law of England and Wales, Scotland or Northern Ireland or of the Islands; and
(b) it is not a marriage of convenience; and
(c) neither party has another spouse, a civil partner or a durable partner with (in any of those circumstances) immigration status in the UK or the Islands based on that person’s relationship with that party

Annex 2 - Consideration of a valid application

  1. A2.1. A valid application made under this Appendix will be decided on the basis of:
    1. (a) the information and evidence provided by the applicant, including in response to any request for further information or evidence made by the entry clearance officer; and
    2. (b) any other information or evidence made available to the entry clearance officer (including from other government departments) at the date of decision.
  1. A2.2. (1) For the purposes of deciding whether the applicant meets the eligibility requirements for entry clearance, the entry clearance officer may invite the applicant to:
    1. (a) provide further information or evidence that they meet those requirements; or
    2. (b) be interviewed by the entry clearance officer in person, by telephone, by video-telecommunications link or over the internet.
  2. (2) For the purposes of deciding whether the applicant meets the eligibility requirements for entry clearance, the entry clearance officer may invite the relevant EEA citizen on whom the applicant relies as being their family member to:
    1. (a) provide information or evidence about their relationship with the applicant; or
    2. (b) be interviewed by the entry clearance officer in person, by telephone, by video-telecommunications link or over the internet.
  3. (3) If the applicant or (as the case may be) the relevant EEA citizen:
    1. (a) fails to provide the information or evidence requested; or
    2. (b) on at least two occasions, fails to comply with an invitation to attend an interview in person or with other arrangements to be interviewed,
  1. the entry clearance officer may draw any factual inferences about whether the applicant meets the eligibility requirements for entry clearance as appear appropriate in the circumstances.
  1. (4) The entry clearance officer may decide, following the drawing of a factual inference under sub-paragraph (3), that the applicant does not meet the eligibility requirements for entry clearance.
  2. (5) The entry clearance officer must not decide that the applicant does not meet the eligibility requirements for entry clearance on the sole basis that the applicant or the relevant EEA citizen failed on at least two occasions to comply with an invitation to be interviewed.