The 'EEA Family Permit' is Closed. What Now? A Guide for EU Families After Brexit

Are you an EEA national living in the UK, hoping to bring your spouse, partner, or parent to join you? Or perhaps you're a family member outside the UK, trying to figure out the application process, and you keep seeing references to something called the "eea family permit"?

If so, we need to talk. It's time for some urgent clarity, because the old rules are gone.

Let's be direct: The EEA Family Permit route is closed. It has not existed for several years.

This isn't just a name change. It's the full-stop end of an entire legal system. The eea family permit was a product of EU Freedom of Movement, a right that allowed EU citizens and their families to move to the UK with relative ease. When the UK left the EU, that system was abolished and replaced with a completely new, and significantly more complex, set of UK domestic immigration rules.

The internet, unfortunately, is a graveyard of old, outdated legal articles and forum posts that still talk about the eea family permit as if it's a current route. This is dangerous. Following this old advice will, at best, lead to a dead end. At worst, it will cause you to waste months of your life on an application that is legally impossible, all while you remain separated from your family.

We are Immigration Solicitors4me. We are specialists in navigating the post-Brexit landscape for families. Our job is to cut through this confusion, stop you from going down the wrong path, and show you the correct, current, and viable route to reuniting your family in the UK.

The New Reality: From Free Movement to the EU Settlement Scheme (EUSS)

The system that replaced the old free movement rules is called the EU Settlement Scheme (EUSS).

This scheme was designed to protect the rights of EU/EEA citizens (and their family members) who were already living in the UK before the Brexit cut-off date of 31 December 2020.

For family members who are outside the UK and want to come and join their EU/EEA sponsor, the true replacement for the old eea family permit is now called the EUSS Family Permit.

While they sound similar, the eligibility criteria are night-and-day different. This is where countless families get trapped.

The All-Important Question: When Did Your Relationship Begin?

Here is the most critical part of the new system. To be eligible to apply for an EUSS Family Permit to join your EU/EEA family member in the UK, your relationship must have existed before 31 December 2020.

This one single date changes everything.

Let's break down what this means for you.

Scenario 1: Your relationship (marriage, civil partnership, or durable partnership) began before 31 December 2020.

If your EU/EEA sponsor was living in the UK before this date (and generally has Pre-Settled or Settled Status), you are in a strong position. You are considered a "joining family member" and can apply for an EUSS Family Permit.

However, you now have a significant burden of proof:

• For Spouses/Civil Partners:You must provide your marriage or civil partnership certificate.


• For "Durable Partners" (unmarried):This is where it gets extremely complex. The Home Office requires extensive, high-quality evidence that you were in a "relationship akin to marriage" for at least two years before 31 December 2020, or you had another form of "relevant document" (like a an old eea family permit or residence card) issued on the basis of your relationship before that date. Proving this is a major legal and evidential challenge.

Scenario 2: Your relationship began after 31 December 2020.

This is the harsh new reality for many couples. If you met, married, or entered into a civil partnership after the cut-off date, you cannot use the EUSS Family Permit route.

It doesn't matter that your sponsor is an EU citizen with Settled Status. It doesn't matter that under the old rules, you would have been able to join them. The door to that route is closed.

Instead, you are now treated exactly the same as a person applying to join a British citizen. You must apply for a standard UK Spouse Visa or Family Visa under Appendix FM of the Immigration Rules.

Why Does This Distinction Matter So Much?

Understanding whether you must apply as a "joining family member" under the EUSS or as a "partner" under the standard UK rules is the difference between success and failure. The requirements are worlds apart.

As you can see, being pushed into the standard Spouse Visa route costs thousands of pounds and subjects you to a financial test that many families simply cannot meet.

This is why getting the initial assessment right is so critical. Wasting time and money applying for the wrong visa, or trying to use an eea family permit application form that no longer exists, is a heartbreaking and costly mistake.

How Immigration Solicitors4me Can Guide You Through the Maze

The post-Brexit immigration system is a minefield of "ifs," "buts," and "unlesses." Our team at Immigration Solicitors4me lives and breathes these rules every single day. We are your expert guides.

Here is how we help you:

1. Stop the Confusion:The first thing we do is give you a clear, honest, and correct We will take your family's specific circumstances—your dates, your sponsor's status, your evidence—and tell you exactly which pathway is open to you. We will stop you from wasting another second searching for the non-existent eea family permit.


2. Building Your EUSS Application (if eligible):If your relationship does pre-date the 2020 cut-off, we get to work. For "durable partners" especially, this is a legal case, not a simple form. We will work with you to gather the compelling, dated evidence needed to prove your relationship's history—tenancy agreements, joint bills, travel records, communication logs—and package it in the precise way the Home Office demands.


3. Mastering the Spouse Visa Route (if required):If you fall into the new relationship category, we pivot immediately. We will be frank with you: the EUSS route is not an option. Our focus will then become building a rock-solid application for a UK Spouse Visa. We are experts in the complex financial requirements and will guide you step-by-step to ensure you meet the $pounds$29,000 threshold perfectly.


4. Handling Complex Cases:What if your sponsor is an EU citizen who also has British citizenship (a 'Lounes' case)? What if you had an old residence card that expired? What if you're the family member of a 'Surinder Singh' British citizen? These are exceptionally complex areas of law that are almost impossible to navigate without expert legal advice. We have handled them all.

Your family's future in the UK is not a DIY project. The rules are too strict, and the consequences of a refusal are too severe. Don't let your reunion be delayed by outdated advice.

Contact Immigration Solicitors4me today. Let us clear the fog of Brexit, put the ghost of the eea family permit to rest, and build the correct, successful application that finally brings your family together.