Bringing non-UK family under EU Scheme

Legal position:
The EU Settlement Scheme (EUSS) allows certain non-UK family members of EU, EEA, or Swiss citizens to join them in the UK and obtain pre-settled or settled status, but eligibility is now limited following the end of the Brexit transition period on 31 December 2020. The scheme is not generally available for new relationships formed after that date, and it focuses on those with pre-existing ties. If the family member does not qualify under the EUSS, you would need to consider standard UK family visa routes under the Immigration Rules instead. Note that Swiss citizens and their families have similar but separate provisions under the Citizens' Rights Agreement.

Eligibility criteria:
To bring a non-UK spouse, civil partner, durable partner (unmarried partner with at least two years' cohabitation), child under 21, or dependent parent/grandparent under the EUSS as a joining family member, the following must typically apply:
1. The sponsoring EU/EEA/Swiss citizen must have been living in the UK by 31 December 2020 and hold EUSS pre-settled or settled status (or be eligible for it).
2. The family relationship must have existed before 1 January 2021 (except for children born or adopted after 31 December 2020, or certain spouses/civil partners where the marriage/partnership occurred after that date but the relationship was durable before).
3. The family member must apply from outside the UK (unless already in the UK on another basis) and demonstrate they meet the criteria, including providing evidence of the relationship and dependency where relevant.
4. There is no fixed deadline for joining family members, but applications should be made as soon as possible, and late applications may require reasonable grounds for delay.

If the relationship started after 31 December 2020, or if these criteria are not met, the EUSS does not apply, and you would need to explore other options like a UK partner visa under Appendix FM of the Immigration Rules. This depends on factors such as your income, accommodation, and the family member's nationality.

Application process:
Applications are made online via the UK government's EUSS portal or the EU Exit: ID Document Check app. You'll need to provide biometric information (such as fingerprints and a photo) and evidence like marriage certificates, proof of cohabitation, or birth certificates. The fee is free for EUSS applications. Processing times vary but can take several weeks to months. Successful applicants get pre-settled status (valid for five years, leading to settled status) if they've lived in the UK for less than five years continuously.

If ineligible for the EUSS, a standard family visa application involves Form VAF4A, a fee of around £1,523 (from outside the UK), and meeting financial thresholds (e.g., a minimum income of £18,600 per year for a partner, plus more for children).

Practical next steps:
1. Check the sponsoring person's EUSS status on the gov.uk website to confirm they qualify as a sponsor.
2. Gather evidence of the relationship and when it began – this is crucial, as the answer depends on these details, which you haven't provided.
3. Review the full eligibility on the official UK government EUSS guidance at gov.uk/eu-settlement-scheme to confirm if your situation fits.
4. If uncertain or if it seems ineligible, consider alternatives like a partner visa and check the financial requirements.
5. For complex cases, consulting an immigration advisor registered with the Office of the Immigration Services Commissioner (OISC) could help clarify options, though formal legal advice is not always necessary for straightforward applications.

This is based on the current position as of 2023; immigration rules can change, so always verify with up-to-date gov.uk sources. If you provide more details about the relationship start date, nationalities involved, or current residences, I can refine this advice.