The search for the "eea family permit" is now a search for a ghost. It represents a bygone era of free movement, a time when a European copyright was a master key to living and working in the UK with your loved ones.
That era is over. The "eea family permit" is gone.
In its place is a complex, fragmented, and date-sensitive system. Your right to join your EU family member in the UK now depends entirely on when your relationship began and what status your family member holds. It has become a high-stakes legal lottery.
At Immigration Solicitors4me, we are not just solicitors; we are post-Brexit navigators. We are the specialists who guide families through this new, confusing landscape. The "old" rules are a dangerous trap, and the "new" rules are a complex maze.
Here are three common, real-world scenarios we solve every single day—scenarios that show why you can no longer "just apply."
Scenario 1: The "Durable Partners" (Pre-2021 Relationship)
The Clients: "Maria" and "Luis."
- Mariais an Italian national with Settled Status who has lived and worked in the UK since 2015.
- Luisis an Argentine national, currently living in Argentina.
- The Relationship:They have been in a serious relationship since 2018 and lived together in London from 2018 until early 2020, when Luis had to return home for a family emergency. They are not married.
Their Problem:
Luis wants to return to the UK to live with Maria permanently. They search for the "eea family permit" (which they used in 2018) and are completely lost. They believe that because their relationship is genuine and predates Brexit, it should be simple.
Our Specialist Solution: The EUSS Family Permit
This is a classic "durable partner" case. Because their relationship existed before the 31 December 2020 Brexit cut-off, they are eligible for the EUSS Family Permit.
This is not a simple application. This is a high-level, evidence-based, historical argument.
- The "Durable Partner" Test:We cannot just "say" they were together. We must forensically prove they were in a relationship "akin to marriage" before the 2020 cut-off.
- The "Archival" Evidence Bundle:Our job becomes an archaeological dig. We work with Maria and Luis to unearth and collate:
- Their 2018-2020 joint tenancy agreement.
- Utility bills from that period, in both their names or at the same address.
- Joint bank statements or proof of financial support.
- Flight tickets and photos from their time together.
- Evidence of their continuedrelationship since 2020 (chat logs, call logs, new travel).
Why We're Essential: A generalist would fail this case. We know how to build a historical, archival, 100+ page bundle of evidence that proves a relationship's "durability" to the Home Office's satisfaction.
Scenario 2: The "New" Marriage (Post-2021 Relationship)
The Clients: "Jan" and "Kasia."
- Janis a Polish national with Settled Status who has lived in the UK since 2010.
- Kasiais a Polish national, living in Poland.
- The Relationship:Jan met Kasia on a trip home in 2022. They fell in love and got married in the summer of 2024.
Their Problem:
Jan is an EU citizen. He assumes his new wife, also an EU citizen, has a right to join him. He searches for the "eea family permit," finds it's closed, and is told to use the "EUSS Family Permit." He applies. He is refused. He is confused, angry, and separated from his new wife.
Our Specialist Solution: The "Hard Pivot" to UK Immigration Rules
This is the "harsh reality" case. Jan's application was (correctly) refused because their relationship began after the 31 December 2020 cut-off.
The EUSS route is permanently closed to them. Their EU nationality is now irrelevant.
Kasia is in the exact same position as a person from India, Brazil, or the USA. She must apply for a standard UK Spouse Visa under Appendix FM.
- Managing the Shock:Our first job is to deliver this bad news and manage the client's (understandable) frustration. We must explain that we are no longer in the world of "free movement."
- The New Strategy:We immediately pivot their entire case. The battle is no longer about "EU rights"; it is about UK domestic law.
- Building the Spouse Visa Case:We take over and build a completely new application, proving:
- The £29,000 Financial Requirement:Jan (the UK sponsor) must now prove he earns this amount. We must do a full audit of his payslips and bank statements.
- The English Language Test:Kasia must now pass a secure English test.
- Adequate Accommodation:We must prove Jan has a home for them that is not overcrowded.
Why We're Essential: We stop clients from wasting months (and their appeal rights) fighting a case that is legally unwinnable. We are the experts who know when to pivot, and we have the specialist knowledge to win on the new battlefield.
Scenario 3: The "Dual National" (The "Lounes" Case)
The Client: "Sophie."
- Sophieis a French national who moved to the UK in 2012. In 2019, she became a British Citizen. She now holds both French (EU) and British passports.
- The Dependant:Her elderly mother, "Elodie," who lives in France and now needs to be cared for by Sophie.
Their Problem:
Sophie tries to bring her mother over. She is told by everyone that the UK's "Adult Dependant Relative" route is "impossible to meet" (which is true—the bar is impossibly high). She is then told that because she is a British Citizen, she cannot use the EU Settlement Scheme. She is trapped.
Our Specialist Solution: The "Lounes" Legal Argument
This is a prime example of where only a top-tier specialist solicitor can help. This is not an "application"; it is a complex legal argument.
We can use a specific legal principle (known as Lounes) to help Sophie.
- The Argument:We argue that even though Sophie is now British, she retains her EU treaty rights because she naturalised as a British citizen while she was living here as an EU national exercising those rights.
- The Pathway:This allows her to be "treated as an EU citizen" for the purpose of the EUSS.
- The Application:We can therefore apply for an EUSS Family Permit for her mother, Elodie. This route's "dependency" test is vastly easier to meet than the "impossible" UK Adult Dependant Relative route.
Why We're Essential: This is the "secret menu" of immigration law. 99% of practitioners (and 100% of DIY applicants) do not know this exists. This is a nuanced, high-level legal submission that can, for a client like Sophie, be the only thing that works.
Conclusion: Stop Searching for a Ghost
The world of the "eea family permit" is gone. Your family's future now depends on a new, complex, and unforgiving set of rules.
Your "date of marriage," your "nationality," and your "immigration status" are all pieces of a complex puzzle. Don't try to solve it with an old, out-of-date instruction manual.
Contact Immigration Solicitors4me. We are the post-Brexit specialists. We know the new rules, the new traps, and the new, expert-led strategies that win.