The Ghost in the System: Lingering Confusion and the Closed Door of the EEA Family Permit

For years, the EEA family permit was the familiar and relatively straightforward key that unlocked the UK's door for non-European family members of EU citizens exercising free movement rights. It was a well-trodden path. Today, however, that door is firmly closed, bolted shut by Brexit. Yet, the ghost of this old system continues to haunt online searches and create profound confusion for families seeking to reunite in the UK.

This confusion is more than just an inconvenience; it can lead to wasted time, incorrect applications, and heartbreaking refusals. This guide aims to finally lay the ghost to rest, providing absolute clarity on why the EEA family permit is history and what pathways have replaced it. At Immigration Solicitors4me, dispelling this confusion and guiding clients onto the correct, current legal path is our essential first step.

The Old System: A Right Under EU Law

The EEA family permit was not a product of UK immigration law; it was a creation of EU law regarding the free movement of people. As long as the UK was a member of the EU, it was legally obliged to provide a simple mechanism for the eligible family members (spouses, dependent children, etc.) of EU nationals living in the UK to join them.

• Key Features:


• Relatively simple application process.


• No strict financial requirement imposed by the UK government.


• No English language requirement.


• Based on the EU citizen exercising "treaty rights" in the UK (working, studying, self-sufficient).

This system existed because EU law took precedence over UK domestic law in this area.

Brexit: The Severing of the EU Link

The UK's departure from the European Union fundamentally severed this legal connection. EU free movement law ceased to apply in the UK at 11 pm on 31 December 2020. At that exact moment, the legal basis for the EEA family permit vanished.

• The Consequence: The route was closed to almost all new applicants. The UK became solely responsible for setting its own immigration rules for all nationalities, including the family members of EU citizens.

The Replacement Systems: A Two-Tiered Reality

In place of the old, unified EU system, the UK created a two-tiered reality for the families of EU nationals, based entirely on when the EU national arrived in the UK and when the family relationship was formed:

1. The EU Settlement Scheme (EUSS): For EU citizens who were living in the UK before 31 December 2020 (and their eligible family members who were related before that date).

• The EUSS Family Permit was created as a specific, transitional route to allow these existing family members to travel to the UK and apply to the EUSS. It looks similar to the old EEA permit but has much stricter eligibility based on the pre-Brexit deadline.

2. Standard UK Immigration Rules (Appendix FM): For EU citizens who arrived after 31 December 2020, OR for family members whose relationship began after that date.

• These individuals are treated exactly the same as the family members of British citizens. They must apply under the UK's domestic rules, typically the Spouse Visa or Partner Visa route, which includes the strict financial requirement and the English language test.

Why the Ghost Lingers: The Danger of Outdated Information

The term "EEA family permit" remains pervasive online – on old government web pages, outdated legal articles, and countless forum discussions. Relying on this information today is dangerous.

• Applying for a non-existent visa wastes time and money.


• Following outdated guidance (e.g., believing there's no financial requirement when there now is) leads to certain refusal.

Laying the Ghost to Rest: Your Path Forward with Immigration Solicitors4me

we provide advice based only on the current, post-Brexit reality. We understand the historical context but operate firmly within today's rules.

• We will definitively diagnose your situation based on the critical dates.


• We will guide you onto the correct pathway, whether that's the transitional EUSS Family Permit or the standard UK Spouse/Partner Visa.


• We ensure you avoid the traps set by the lingering ghost of the old EEA family permitsystem.

Move Forward with Clarity

Don't let your family's future be jeopardised by the confusion of an outdated system. Get expert advice based on the law as it stands today.

Contact Immigration Solicitors4me for a clear assessment of your correct route to the UK.