EU NATIONALS AND FAMILY MEMBERS IMMIGRATION

EEA Family Permit

The EU Settlement Scheme (EUSS) applies to individuals who are family members to someone from the EU, Switzerland, Norway, Iceland, Liechtenstein, or eligible persons of Northern Ireland. Family members of British citizens may also be eligible to obtain a permit.

The EEA Family Permit ends on 30 June 2021. You may still be able to apply to come to the UK as a joining family member under the EU Settlement Scheme Family Permit after 30 June 2021

EU Settlement Scheme Family Permit

You can apply under the EUSS Family Permit if you:

Are a close family member of the EU, EEA or Swiss citizen who was living in the UK by 31 December 2020;
Have family members whose primary residence is outside the UK but regularly come to the UK to work, aka. ‘frontier worker;'
Have lived in the EU, EEA or Switzerland with an eligible family member who is a British Citizen;
Have family members who are Irish or British or hold dual citizenship born in Northern Ireland, with a parent who is also Irish or British or hold dual citizenship;
Have the retained right of residence;

You must be outside the UK to apply for the Family Permit.

Family Permits allows you to enter and exit, work and study in the UK for up to 6 months, making it easier to join or travel and connect with your family in the UK.

Administrative Review (AR) of refusal of pre-settled or settled status

Challenging your decision following the refusal?

If your application is either refused on eligibility grounds or you were granted pre-settled but you think you are qualified for settled status, unfortunately there is no right of appeal against the decisions. You are thus opened to the following three options:

Option 1- Fresh application

It is always open to submit a fresh application; however this may not be an effective one. The Home Office takes a strict approach when assessing evidential requirements and caseworkers are trained to identify grounds for refusals. You may find yourself facing the same issue as in previous applications and have your application refused again.

Option 2- Administrative Review

Alternatively, you may consider proceeding to Administrative Review (AR). AR is a review or reconsideration by the Home Office on the refusal of your application, whether the decision is wrong because of a case working error. You may also provide further evidence to support your case that has not been initially presented.
You must make administrative review application within 28 days of the date on your decision email.
The costs are £80 per person to apply for AR.
Decision letters will contain the eligibility of the application to apply for AR.

Option 3-Judicial Review

Judicial Review is a remedy of the last resort, it can only apply if neither an appeal or Administrative Review can be pursued. Judicial proceedings are usually very time-consuming so this should be a factor when considering your options.
This is an independent review by the judge to review the decision being challenged and decide if it is arguable that the decision is legally flawed in its process.
It should be noted that even if the judge determines that a decision was made unlawfully, the Home Office could still reach the same conclusion following reconsideration.

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