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  • FAQ

    Last updated: January 3rd, 2024

    Who exactly is a family member, a close family member, an extended family member? What does dependent mean?

    The government website on the EU Settlement Scheme frequently refers to ‘family members’ (e.g here), or the phrase close family members (e.g. here). Other guidance talks about ‘extended family members’ (e.g. here) 

    It is important to know the difference, in order to understand who is eligible to apply to the EU Settlement Scheme. As just one example, extended family members (other than durable partners) are no longer eligible to apply to the EU Settlement Scheme unless they were already living in the UK before 31 December 2020 and had applied for an EEA document before that date. (However, if you are a British and/or Irish citizen and were born in Northern Ireland, there may still be a possibility of sponsoring dependent extended family members. We recommend you seek legal advice if you think this might apply to you.)

    The eligibility rules are complex and you should look through our other FAQs, read Government guidance or get legal advice to find how the rules apply to you. This FAQ aims only to provide definitions of the terms.

    Who can sponsor family members?

    In order to sponsor a family member, you must be:

    • an EEA or Swiss citizen
    • who holds pre-settled status or settled status 
    • and who moved to the UK before 31 December 2020

     

    Family members

    In the context of the Withdrawal Agreement, which is based on concepts of EU Free Movement law, a family member (also referred to as close family member) is defined as:

    1. spouse;

    2. civil partner (partner with whom the union citizen has contracted a registered partnership, on the basis of the legislation of a EU Member State, if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down in the relevant legislation of the host Member State);

    3. the direct descendants (i.e. children, grandchildren etc) who are under the age of 21 or are dependants and those of the spouse or partner as defined in point 2;

    4. the dependent direct relatives in the ascending line (i.e. parents, grandparents etc) and those of the spouse or partner as defined in point 2.

    Extended family members

    An extended family member on the other hand is defined in the EU Settlement Scheme Caseworker Guidance as: 

    A durable partner

    A durable partner is someone who is (or for the relevant period was) in a durable relationship with the sponsoring person, with the couple having lived together in a relationship akin to a marriage or civil partnership for 2 years or more, unless there is other significant evidence of the durable relationship. (See this useful explanatory article on durable partners at FreeMovement.)

    or

    A dependent relative

    A dependent relative, which means either:

    - a relative (other than a spouse, civil partner, durable partner, child or dependent parent) of their sponsoring person, and the person is (or for the relevant period was) a dependant of the sponsoring person, a member of their household or in strict need of their personal care on serious health grounds;

    - a ‘person who is subject to a non-adoptive legal guardianship order’ in favour (solely or jointly with another party) of their sponsoring person; or

    - a person under the age of 18 years who either: is the direct descendant of the durable partner of their sponsoring person; OR has been adopted by the durable partner of their sponsoring person, in accordance with a ‘relevant adoption decision’

    See the section “Assessing family relationship” in the EUSS Caseworker Guidance for detailed definitions of all the above family relationships.

    Dependent

    Note that many of the above relationships mention dependency. There is no simple definition of dependency in EU or UK legislation, but the EUSS Caseworker Guidance says:  

    ‘Dependent’ means that, as demonstrated by relevant financial, medical or other documentary evidence:

    - having regard to their financial and social conditions, or health, the applicant cannot, or for the relevant period could not, meet their essential living needs (in whole or in part) without the financial or other material support of the relevant EEA citizen (or qualifying British citizen or relevant sponsor) or of their spouse or civil partner

    - such support is or was, being provided by the relevant EEA citizen (or qualifying British citizen or relevant sponsor) or by their spouse or civil partner

    - there is no need to determine the reasons for that dependence or for the recourse to that support

     

    See also our FAQ: Can members of my family join me in the UK?

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