How to bring family to the UK since BREXIT

30 June 2021 was supposedly the deadline for Pre-Settled/Settled status applications for EEA nationals and their family members. 

But, like everything else to do with the law surrounding EEA nationals’ immigration status, there are exceptions and qualifications. There are some residual categories of migrant who can still apply and, also, those who have not applied in time but should have done are still able to submit a late application, but they must provide “reasonable grounds” for the lateness. These reasonable grounds include – but are not limited to – serious medical conditions (such as Covid-19). 

But what are the options for those who were not able to apply for Pre-Settled/Settled status or failed to do so and have lost the chance?

Well, the basic principle is a simple one: EEA nationals and their family members now face the same immigration restrictions as everybody else in the world. There is, however, one important favourable fact: holders of either Settled status or Pre-Settled status based in the UK can qualify as sponsors for overseas partners or other family members, who may thus be able to apply for a visa to join them.

Such an application must be made under the UK immigration rules, the requirements for which are far more onerous than those under the old free movement rules – but this of course is the effect of Brexit. 

For such applications there is in most cases a financial requirement, an adequate accommodation requirement and an English language requirement, and some of these rules are quite complicated. In addition – and this is something that was also the case under the old free movement rules – where the application is for a spouse/partner there is a “genuine relationship” test to be satisfied. 

If you want help with a family immigration application we at GSN Immigration will be able to advise and assist you. 

Author

Oliver Westmoreland

OISC Level 3 Immigration Lawyer