Oliver O’Sullivan
SolicitorMost nationals from countries in the European Union (EU), the European Economic Area (EEA) – i.e. Iceland, Liechtenstein, and Norway – and Switzerland are able to visit the UK for holidays and short trips without the need for a visa. Irish citizens are still able to live and work in the UK.
However, Brexit has halted freedom of movement and new immigration rules are in place requirements for EU, EEA, and Swiss nationals who wish to come to the United Kingdom for more than six months.
If you wish to work, study or live in the UK and do not have family members who are settled here, you will need to apply for a work, study, or family visa.
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Family members of EU and EEA nationals who have settled or pre-settled status under the EU Settlement Scheme can join their relatives if they meet certain eligibility criteria.
The person coming to the UK must have been in a relationship with a family member in the UK before 31 December 2020 (unless they’re a Swiss citizen).
Children born outside the UK after 31 December 2020 to EU or EEA nationals who are settled or pre-settled in the UK can come to live in the UK with their parent(s).
The type of application your family member can make under the EU Settlement Scheme (EUSS) will depend on a number of factors including which country they are coming from and their immigration status.
It is crucial to check all the details and make the correct application before they come to the UK.
Only certain family members can apply to join settled or pre-settled persons and you must be able to prove the relationship and a number of other details.
The following persons can apply for a family permit or for settled/pre-settled status under the EUSS when joining a settled or pre-settled family member.
Siblings (brothers and sisters), aunts, uncles, nephews, nieces and cousins are not usually able to apply to join a settled or pre-settled family member from the EU or EAA. However, if they had applied for a residence card or family permit before 31 December 2020 they may still be able to make a late application if there were certain practical reasons why they did not meet the deadline.
The UK immigration rights of EU and EAA citizens who did not apply to the EUSS by 30 June 2021 have now changed and they no longer have the right to live, study and work in the UK.
If you or your family members have not yet applied and wish to stay in the UK, you may be able to make a late application on practical or compassionate grounds and if you can prove there was a valid reason for not applying before the deadline.
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