EUSS Family Members
The EU Settlement Scheme is open to certain family members of a relevant EEA citizen — whatever their own nationality. Each category, from spouse to dependent relative, has its own test and its own evidence. This guide explains who counts and what the Home Office expects to see.
On this page
- Who counts as a family member?
- How ENS can help
- The relevant EEA citizen
- Resident by 31 December 2020
- Spouses and civil partners
- Durable partners
- Children and grandchildren
- Dependent parents
- Dependent relatives
- Family of the spouse or civil partner
- Evidence of the relationship
- Relationships of convenience
- Settled or pre-settled status?
- Joined later, or relationship ended
- If an application is refused
- FAQs
%%KP%%In brief
- A family member applies on the strength of their relationship with a relevant EEA citizen — their own nationality does not matter.
- The categories are spouse, civil partner, durable partner, child, dependent parent and dependent relative, each with its own test.
- Most family members must have been resident in the UK by 11pm GMT on 31 December 2020 in that capacity, with no break in residence since.
- Relationship evidence is central: a certificate or other document for close family, and a relevant document for durable partners and dependent relatives.
%%I:PEOPLE%%Who counts as a family member under the EU Settlement Scheme?
Under the EU Settlement Scheme, a family member is a person who has a qualifying relationship with a relevant EEA citizen — an EU, other EEA or Swiss citizen who meets the scheme's residence requirements. The family member can be an EEA citizen or a non-EEA citizen. The categories set out in the Home Office guidance are:
| Category | Who it covers | Key condition |
|---|---|---|
| Spouse | Husband or wife of the relevant EEA citizen | Marriage before 31 December 2020, or a durable partnership before then |
| Civil partner | Civil partner, including some overseas registered relationships | As for spouses |
| Durable partner | Unmarried partner in a relationship akin to marriage or civil partnership | Partnership formed and durable before 31 December 2020; usually a relevant document |
| Child | Child, grandchild or great-grandchild (including of the spouse or civil partner) | Under 21, or dependent if 21 or over (with exceptions) |
| Dependent parent | Parent, grandparent or great-grandparent (including of the spouse or civil partner) | Dependency — assumed in many cases |
| Dependent relative | Another relative who is dependent, in the household or needs personal care | A relevant document as a dependent relative |
Many of our clients are non-EEA citizens married to, or living with, an EU citizen — for example, a Turkish citizen whose spouse is Polish or Romanian. The same tests apply to every non-EEA family member; the family member's nationality does not change the rules.
%%I:CHAT%%How ENS can help EUSS family members
Family member applications usually turn on the evidence: proving the relationship, the sponsor's status and, where needed, dependency. We can check your position and help you prepare.
Identify your category
We can check which family member category fits your relationship and what the guidance requires for it.
Plan your relationship evidence
We can review your certificates, relevant documents and dependency evidence before you apply.
Prepare a straightforward application
Where the matter falls within our Level 1 authorisation, we can help prepare and present your application.
Our regulatory scope. ENS Immigration Advice is regulated by the Immigration Advice Authority at Level 1. We advise on straightforward EUSS applications within our authorised competence. Where a family member case involves a disputed relationship, an allegation of a marriage or partnership of convenience, a sponsor whose status may have been granted in error, a refusal or a late application, we will say so after an initial assessment and direct you to the appropriate next step. IAA regulation · Refusal or complex issue → specialist referral.
%%I:PILLAR%%Who is the relevant EEA citizen?
The relevant EEA citizen is the EU, other EEA or Swiss citizen whose position the family member relies on. In the standard case, they must have been resident in the UK and Islands for a continuous qualifying period which began before the end of the transition period (11pm GMT on 31 December 2020).
Where the family member applies on or after 1 July 2021, the guidance requires evidence that the EEA citizen has been granted settled or pre-settled status under the EUSS which has not lapsed or been cancelled, curtailed, revoked or invalidated — or, in some cases (for example an Irish citizen, who does not need to apply), that they would have been granted that status had they applied before 1 July 2021. The relevant EEA citizen must also have been a relevant EEA citizen throughout any period of residence the family member relies on.
Appendix EU also recognises some specialist sponsors, including relevant naturalised British citizens, certain dual British and EEA citizens, relevant people of Northern Ireland, people exempt from immigration control and frontier workers. Who can apply, including the specialist categories →
The sponsor's own status is checked. Caseworkers check the relevant EEA citizen's EUSS record. If the Home Office concludes that the EEA citizen's status was granted in error (for example, because they were not resident before the end of the transition period), they cannot sponsor a family member and the family member's application is refused. Situations like this are complex — seek advice.
%%I:CAL%%Did the family member need to be in the UK by 31 December 2020?
In most cases, yes. To apply as a family member of a relevant EEA citizen, the applicant must have been resident in the UK by 11pm GMT on 31 December 2020 on a basis that met the definition of a family member of a relevant EEA citizen, and must not have broken the continuity of their residence since then.
There are narrow exceptions. One is the “relevant EEA family permit case”: broadly, a dependent relative or durable partner who arrived after 31 December 2020 with a family permit based on an application made before that date (or, in specified cases, with an EUSS family permit). Family permits are outside the scope of this page — see GOV.UK: family permits.
Arrived or formed the relationship later? A family member who was not resident in the UK by the end of the transition period may instead be able to apply as a joining family member of a relevant sponsor, which has its own rules and deadlines.
Continuity of residence is assessed under the EUSS rules. EUSS continuous residence and absences →
%%I:HOME%%Can a spouse or civil partner apply under the EUSS?
Yes. A spouse or civil partner of a relevant EEA citizen can apply where the marriage was contracted, or the civil partnership formed, before the end of the transition period — or where they were the relevant EEA citizen's durable partner before then and the partnership was still durable at that date.
What the guidance requires of the relationship
- Spouse: the marriage is recognised under the law of England and Wales, Scotland or Northern Ireland (or the Islands).
- Civil partner: a valid civil partnership under the Civil Partnership Act 2004, or a relationship registered overseas that is entitled to be treated as one.
- The marriage or civil partnership is not one of convenience.
- Neither party has another spouse, civil partner or durable partner with UK immigration status based on their relationship with that person.
Evidence for spouses and civil partners
Unless the applicant already holds a permanent residence document, the evidence is either a relevant document issued as the spouse or civil partner of the relevant EEA citizen, or a valid marriage certificate, civil partnership certificate or overseas registration document recognised under UK law.
Married after 31 December 2020?
Where the marriage or civil partnership took place after the end of the transition period, the applicant must also provide a relevant document as the durable partner of the relevant EEA citizen — showing the couple's partnership already qualified before that date. (Different evidence rules apply to joining family members and to family members of a relevant person of Northern Ireland.)
A Turkish spouse of an Italian citizen
Scenario. Ayşe is a Turkish citizen. She married Marco, an Italian citizen, in İzmir in 2018, and in 2019 moved to the UK, where Marco had lived since 2016. She applied to the EU Settlement Scheme in 2020 as his spouse.
- ApplicantTurkish citizen (non-EEA)
- SponsorItalian citizen, relevant EEA citizen
- RelationshipMarried in 2018
- In the UK by 31 Dec 2020?Yes, since 2019
What this shows: a non-EEA spouse can use the EUSS through their EEA citizen partner, but needs both the relationship and their own residence in the UK by 11pm on 31 December 2020. Their own continuous qualifying period then decides settled or pre-settled status.
Senaryo. Ayşe bir Türk vatandaşıdır. 2018'de İzmir'de İtalyan vatandaşı Marco ile evlendi ve 2019'da, Marco'nun 2016'dan beri yaşadığı Birleşik Krallık'a taşındı. 2020'de AB Yerleşim Programı'na (EUSS) onun eşi olarak başvurdu.
- BaşvuranTürk vatandaşı (AEA dışı)
- Sponsorİtalyan vatandaşı, ilgili AEA vatandaşı
- İlişki2018'de evli
- 31 Aralık 2020'de BK'da mıydı?Evet, 2019'dan beri
Bu örnek neyi gösteriyor? AEA dışı bir eş, AEA vatandaşı eşi üzerinden EUSS'ten yararlanabilir; ancak bunun için evliliğin yanı sıra kendisinin de 31 Aralık 2020 saat 23.00 itibarıyla BK'da ikamet ediyor olması gerekir. Settled mı yoksa pre-settled status mı verileceğini ise kişinin kendi kesintisiz nitelikli ikamet süresi belirler.
Illustrative example only, not a guaranteed outcome; each case depends on its own facts and the rules in force at the time. Yalnızca açıklayıcı bir örnektir; garanti edilen bir sonuç değildir ve her başvuru kendi koşullarına bağlıdır.
Official guidance: EU Settlement Scheme on GOV.UK%%I:PEOPLE%%What counts as a durable partner under the EUSS?
A durable partner is an unmarried partner in a relationship akin to a marriage or civil partnership. The definition refers to the couple having lived together in such a relationship for 2 years or more, unless there is other significant evidence of a durable relationship. The guidance says the two-year reference is a rule of thumb, not a requirement.
The durable partner conditions
- The partnership was formed and was durable before 31 December 2020, and remains durable at the date of application (or did so for the relevant period).
- Where the applicant relies on residence in the UK as a durable partner before the end of the transition period, they must hold a relevant document as the durable partner of the relevant EEA citizen for that period.
- The partnership is not one of convenience, and neither partner has another partner with UK status based on that relationship.
What is a relevant document?
In this context, it is mainly a family permit, registration certificate, residence card or similar document issued under the EEA Regulations on an application made before the end of the transition period, or a letter from the Secretary of State confirming the person would have qualified for one had the route not closed after 30 June 2021. Where the application was made before the end of the transition period but the document was issued afterwards, the person is treated as having held it since immediately before that date.
Evidence that the relationship is durable
As well as the relevant document, the applicant needs evidence that the partnership remains durable (or was durable for the period relied on). The guidance gives examples:
Cohabitation
Bank statements or utility bills at the same address, tenancy or mortgage documents, or official correspondence linking both partners to one address. Documents need not be in joint names if they cover the same address and period.
Joint commitments
Joint finances, tax returns, business contracts or investments, and evidence of joint responsibility for a child.
A good reason to live apart
Where partners live apart for study, work or cultural reasons, other evidence such as regular communication, visits and financial support can be considered.
The guidance notes that photographs and messaging or social media evidence are not encouraged, as they can be falsified and are hard to verify — but such evidence is not disregarded; all the evidence is considered in the round.
%%I:PEOPLE%%Can children and grandchildren apply as EUSS family members?
Yes. A child, grandchild or great-grandchild of the relevant EEA citizen, or of their spouse or civil partner, can apply. The test depends on age: a child under 21 does not need to show dependency, while a child aged 21 or over usually must be dependent on the relevant EEA citizen or their spouse or civil partner. In either case, the family relationship must have existed before the end of the transition period.
Who counts as a child
As well as birth children, the definition covers:
- an adopted child, adopted under a recognised (“relevant”) adoption decision;
- a child born through surrogacy, where recognised in UK law;
- a child subject to a special guardianship order or certain other guardianship orders in favour of the relevant EEA citizen or their spouse or civil partner.
It does not include a child cared for only under a formal or informal fostering arrangement — though this does not stop an application by or for a “looked after” child placed in foster care by a local authority.
Under 21 or 21 and over?
| Age | Dependency |
|---|---|
| Under 21 (or turned 21 since 31 December 2020) | No dependency test |
| 21 or over, previously granted pre-settled status as a child under 21 | No dependency test |
| 21 or over, in other cases | Must be dependent — at the date of application or, where applying after 31 December 2020, at that date |
“Dependent” means that, because of their financial and social conditions or health, the applicant cannot meet their essential living needs (in whole or in part) without financial or other material support from the relevant EEA citizen or their spouse or civil partner, and that support is being provided. The reasons for the dependency do not need to be explored.
Does working end dependency?
Not necessarily. Reflecting a 2024 Court of Appeal judgment, the guidance says a dependent child aged over 21 who was resident in the UK before the end of the transition period does not lose their right to reside simply by exercising their right to work. If the work has since ended and they have not completed five years' qualifying residence, they may need to show dependency for the period after the work ended. This does not apply to joining family members.
Evidence for children
A relevant document issued on the basis of the relationship, or the full birth certificate (or certificates, for grandchildren) or other documents showing the applicant is the direct descendant or child of the relevant EEA citizen or their spouse or civil partner. Dependency evidence might include bank statements or money transfers, or a hospital consultant's letter showing the need for personal care on serious health grounds.
%%I:HOME%%Can a dependent parent or grandparent apply?
Yes. A parent, grandparent or great-grandparent of the relevant EEA citizen, or of their spouse or civil partner, can apply as a dependent parent. This includes an adoptive parent of an adopted child. The family relationship must have existed before the end of the transition period.
Is dependency assumed?
Often, yes. Where the relevant EEA citizen is over 18 at the date of application (or, if the application is made after 31 December 2020, at that date), the parent's dependency on them or their spouse or civil partner is assumed and no evidence of it is required. Where the relevant EEA citizen was under 18 at that point, dependency evidence must be provided.
There is no dependency requirement at all where the parent was previously granted pre-settled status as a dependent parent which is still valid, or where their own spouse, civil partner or durable partner (with whom they live) holds EUSS status as a dependent parent of the same person.
The guidance also says that a dependent parent resident in the UK before the end of the transition period does not lose that position by working in the UK.
Evidence for dependent parents
A relevant document issued on the basis of the relationship, or the full birth certificate or certificates showing the applicant is the direct relative in the ascending line. If the parent is the parent of the spouse or civil partner, the marriage or civil partnership must still exist (or have existed for the period relied on). Dependent parents applying as joining family members face a different dependency rule — see joining family members.
%%I:DOC%%Who is a dependent relative under the EUSS?
A dependent relative is a relative other than a spouse, civil partner, durable partner, child or dependent parent — for example a sibling, aunt or nephew — who is (or was for the relevant period) a dependant of their sponsoring person, a member of their household, or in strict need of their personal care on serious health grounds. The definition also covers:
- a person subject to a qualifying non-adoptive legal guardianship order in favour of the relevant EEA citizen; and
- a person under 18 who is the child (or adopted child) of the relevant EEA citizen's durable partner.
The relevant document requirement
A dependent relative must hold a relevant document as the dependent relative of their sponsoring person for the period of residence relied on — typically a residence card or similar issued under the EEA Regulations. Unless that document confirms permanent residence, they must also show that the relationship and the dependency (or household membership, or need for personal care) continue to exist at the date of application, or did so for the period relied on.
Dependent relatives cannot apply as joining family members. The joining family member categories do not include other dependent relatives, so this route generally depends on residence and documentation from before the end of the transition period (with narrow exceptions, such as certain family permit cases and dependent relatives of a specified relevant person of Northern Ireland).
%%I:PEOPLE%%Can family members of the spouse or civil partner apply?
Yes, in several categories. The child (including grandchild or great-grandchild) and the dependent parent (including grandparent or great-grandparent) of the relevant EEA citizen's spouse or civil partner can apply, and in some cases so can a dependent relative of the spouse or civil partner.
In each case the guidance requires the marriage or civil partnership between the spouse or civil partner and the relevant EEA citizen to continue to exist (or to have existed for the period of residence relied on). The family member therefore needs evidence of two relationships: their own relationship to the spouse or civil partner, and that person's marriage or civil partnership to the relevant EEA citizen.
Some dependent relative categories — the guardianship and durable partner's child categories — link only to the relevant EEA citizen, not to their spouse or civil partner.
%%I:DOC%%What evidence of the relationship is needed?
A non-EEA family member, and an EEA family member who relies on the relationship, must usually provide three things: evidence of the family relationship, proof of the relevant EEA citizen's identity and nationality, and evidence of the relevant EEA citizen's residence or status. Holders of a documented right of permanent residence do not need to re-prove the relationship.
Evidence of the relationship
A marriage or civil partnership certificate, full birth certificates, or a relevant document — depending on the category. Durable partners and dependent relatives need a relevant document plus evidence that the relationship (and dependency) continues.
The EEA citizen's identity and nationality
Usually their valid passport or valid national identity card, or confirmation that they have been granted settled or pre-settled status. Different evidence applies to specialist sponsors such as relevant naturalised British citizens.
The EEA citizen's residence or status
For applications on or after 1 July 2021, typically evidence that they hold EUSS status, or would have been granted it had they applied before 1 July 2021.
Dependency, where relevant
Bank statements or money transfers from the sponsor, or evidence of a need for personal care on serious health grounds, such as a hospital consultant's letter.
Practical points from the guidance
- Where a copy is uploaded, the Home Office can ask for the original if it has reasonable doubt about the copy.
- Documents not in English may need a certified English translation (or a Multilingual Standard Form).
- Where eligibility depends on a death, the death certificate or other evidence of the death is required.
- Where the applicant cannot obtain the EEA citizen's passport or identity card for reasons beyond their control — for example after a permanent relationship breakdown — alternative evidence may be accepted.
EEA citizen family members
An EEA citizen who was resident in the UK by the end of the transition period as the family member of another EEA citizen can usually apply on their own residence as a relevant EEA citizen, without relationship evidence. Relationship evidence is still needed in specified situations — for example, where they rely on the relationship to qualify for settled status with less than five years' residence, or rely on a retained right of residence.
%%I:SHIELD%%What is a marriage or partnership of convenience?
Each partner category requires that the relationship is not one of convenience. The guidance defines a marriage, civil partnership or durable partnership of convenience as one entered into as a means to circumvent immigration requirements — such as a criterion for a right to enter or reside under the EEA Regulations or EU law, or any other provision of UK immigration law or the Immigration Rules.
A genuine relationship does not need to prove a negative; the question arises where there is information suggesting the relationship was entered into to get around the rules. Any allegation of this kind makes a case complex — get advice before responding.
%%I:ARROW%%Will a family member get settled or pre-settled status?
It depends mainly on the family member's own continuous qualifying period of residence. A family member who has completed 5 years of continuous qualifying residence (which began before the end of the transition period) can qualify for settled status. One with less than 5 years usually qualifies for pre-settled status, as long as no supervening event has occurred in respect of the relevant EEA citizen.
Some family members can qualify for settled status with less than 5 years, for example:
- a child under 21 of a relevant EEA citizen (or of their spouse or civil partner) where the parent holds settled status, or in some cases would have qualified for it;
- a family member of a relevant EEA citizen who has ceased activity (for example retired after working in the UK) or who has died, where the specified conditions are met;
- a family member with a documented right of permanent residence, or indefinite leave held since before the end of the transition period.
Once a family member has completed 5 years' continuous qualifying residence in that capacity, the family relationship can be in the past — it does not need to continue at the date of the settled status application.
Pre-settled status based on dependency. A child, dependent parent or dependent relative granted pre-settled status does not need to remain dependent to keep that status, and remains eligible for settled status in due course on the same family relationship.
%%I:CLOCK%%What if the family member joined later or the relationship ended?
Joining family members
A spouse, partner, child or dependent parent who was not resident in the UK by the end of the transition period may be able to apply as a joining family member of a relevant sponsor, subject to strict deadlines.
Joining family members →Retained right of residence
After a death, a departure from the UK, a divorce or dissolution, or a relationship breakdown caused by domestic violence or abuse, a family member may retain a right of residence.
Retained right of residence →Qualifying British citizen
Family members of a British citizen who lived in an EEA country or Switzerland have a separate, closed route with limited exceptions.
Qualifying British citizen →%%I:WARN%%What if a family member application is refused?
The right next step depends on the reasons for the decision and your circumstances. Don't make a fresh application or leave the UK without advice. ENS does not provide appeal or tribunal representation; start with our immigration help page.
%%I:Q%%Frequently asked questions
Can a non-EU spouse apply under the EU Settlement Scheme?
Yes. A non-EEA citizen spouse of a relevant EEA citizen can apply where the marriage took place before the end of the transition period, or the couple were durable partners before then, and the spouse was resident in the UK by 11pm GMT on 31 December 2020. Their own nationality does not change the test.
Do we need to be married for an EUSS partner application?
No. An unmarried partner can apply as a durable partner where the relationship is akin to marriage or civil partnership, was formed and durable before the end of the transition period, and remains durable. Where they rely on UK residence as a durable partner before that date, they normally need a relevant document issued under the EEA Regulations.
Must durable partners have lived together for two years?
Not strictly. The definition refers to living together for two years or more unless there is other significant evidence of a durable relationship, and the guidance calls the two years a rule of thumb. Evidence such as joint responsibility for a child, shared finances or regular visits with definite plans to live together can also be considered.
Can my child aged over 21 apply as an EUSS family member?
Yes, usually as a dependent child. A child aged 21 or over must normally show dependency on the relevant EEA citizen or their spouse or civil partner. That test does not apply where the child turned 21 after 31 December 2020, or was previously granted pre-settled status as a child under 21.
Does a dependent parent have to prove dependency under the EUSS?
Often not. Where the relevant EEA citizen was over 18 at the relevant date, the parent's dependency is assumed and no evidence is required. Evidence is needed where the EEA citizen was under 18. Different rules apply to dependent parents applying as joining family members, who must provide dependency evidence for applications made on or after 1 July 2021.
What if we married after 31 December 2020?
A spouse who married after the end of the transition period can still qualify if the couple were already durable partners before then and the partnership remained durable at that date. As a family member of a relevant EEA citizen, they must provide a relevant document as the durable partner. Otherwise, the joining family member rules may need to be considered.
Will I lose pre-settled status if I stop being dependent?
Not for that reason alone. The guidance says a child, dependent parent or dependent relative granted pre-settled status does not need to keep meeting the dependency requirement to retain that status, and remains eligible for settled status in due course where they apply on the basis of the same family relationship.
What proof of my EU family member's status do I need?
Usually proof of their identity and nationality, such as a valid passport or national identity card, or confirmation of their EUSS grant. For applications made on or after 1 July 2021, you also need evidence that they hold settled or pre-settled status, or would have been granted it had they applied before 1 July 2021.
Source basis: Home Office caseworker guidance, EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members, version 32.0, published 30 July 2026. Immigration Rules and guidance can change; confirm the current position on GOV.UK before applying.
Applying as an EUSS family member?
We can check which family member category fits your relationship, review your evidence and tell you whether we can help prepare your application.