EEA Nationals and Their
Family Members
PRE & POST BREXIT
Immigration (European Economic
Area) Regulations 2016 – Historical
Background
The Immigration (European Economic Area) Regulations 2016 governed how
European Union (EU), European Economic Area (EEA), and Swiss nationals—
and their family members—exercised free movement rights in the UK before
Brexit.
Enacted under the UK’s obligations as a member of the EU.
Implemented the Free Movement Directive 2004/38/EC.
Replaced the earlier EEA Regulations 2006.
Replaced by Appendix EU and Appendix EU (Family Permit)
Purpose of the Regulations
The 2016 Regulations provided a legal framework for:
Entry and residence rights of EEA/Swiss nationals and their family members.
Issuing of EEA Family Permits, Residence Cards (for third country national family members
of EEA/Swiss Nationals for 5 years, this could be extended), Permanent Residence Cards
(after 5 years in the UK). EEA nationals did not need to apply as they have received their
statuses by operation of law.
Procedures for removal or exclusion from the UK on grounds of public policy, public
security, or public health
Key Concepts under the Regulations:
Third Country Family Member: A third country national (TCN) family member is a person
who is not an EU/EEA/Swiss citizen but is a family member of an EU, EEA, or Swiss citizen.
Extended family members (non-immediate relatives with dependency or durable
relationships).
EU Settlement Scheme under
Immigration Rules – Purpose and Legal
Basis
Purpose:
The EU Settlement Scheme allows EU, EEA (Iceland, Liechtenstein, Norway),
and Swiss citizens and their family members to continue living in the UK
after Brexit, under the terms of the Withdrawal Agreement.
Replaced the 2016 Regulations.
Legal Basis – The EUSS is governed by:
Appendix EU
Appendix EU (Family Permit)
Rights derived from the EU-UK Withdrawal Agreement, EEA EFTA Separation
Agreement, and Swiss Citizens’ Rights Agreement
Status Types – Pre-Settled Status
(Limited Leave to Remain)
Status Types – Pre-Settled Status
(Limited Leave to Remain)
Status Types – Settled Status (Indefinite
Leave to Remain)
Granted after 5 years of continuous residence in the UK.
Continuous residence generally means not being absent for more than 6
months in any 12-month period.
Allows indefinite stay, work, study, and access to benefits.
Holders of Settled Status can reside abroad for up to 5 years (or 4 years for
Swiss citizens) without losing the status
Application Process (for not yet
automated decisions)
Free of charge.
Application via the Home Office online platform and for EEA nationals and
those with Biometric Residence Card EU Exit: ID Document Check App.
Typically required documents:
Proof of identity (passport/ID/BRC).
Proof of residence.
Relationship evidence for family members (marriage certificate, birth
certificate)
Who qualifies as a family member?
Spouse or civil partner.
Unmarried partner (with durable relationship evidence).
Children (under 21, or over 21 if dependent).
Dependent parents.
Other dependent relatives (in limited cases).
Deadlines
Summary: Special Provisions for Swiss
Nationals
Provision Swiss Nationals EU/EEA Nationals
Covered by Swiss Citizens’ Rights
Agreement Withdrawal Agreement
Deadline to join family
members 31 Dec 2025
31 Dec 2020 (unless
relationship existed
before)
Period of absence to
lose Settled Status 4 years 5 years
Late Applications (after 30 June 2021)
under Appendix EU
Who can still apply late?
EU/EEA/Swiss citizens and their family members who were eligible but
missed the deadline.
Children born or adopted after 31 December 2020.
Victims of domestic violence or abuse.
Those with lack of capacity, serious illness, or no internet access.
Reasonable grounds must be shown! Applicants must provide clear
explanation and evidence for why they did not apply on time.
Reasonable Grounds for Late
Applications under Appendix EU
Examples of acceptable reasons:
Serious illness or incapacity.
Lack of awareness due to age or language barrier (e.g., elderly parents).
Care leavers, children in care.
Homelessness or victim of exploitation.
Please note that these cases may need to be referred to an Immigration
Advisor at least on Level 2.
Note: Being unaware of the deadline alone is not enough unless combined
with reasonable grounds.
