Search

How can we help?

Icon

EU Settlement Scheme Family Permit – Evidence Required

Following on from our last article, there are a number of technicalities to be aware of when making an EU Settlement Scheme Family Permit application.

Partner

If you are applying on the basis that the relevant EEA national is your spouse or civil partner, then you will need to provide evidence of your relationship with your partner.

What evidence is required?

You may think it is sufficient to simply provide your marriage certificate or civil partnership certificate as evidence of your relationship, but this is not the case. The Home Office receive a large volume of applications and a lot of them rely on being the spouse or civil partner of an EEA national. Unfortunately, a significant amount of these applications are suspected to be sham marriages (or sham civil partnerships). Fraudulent documents are sometimes submitted which usually include marriage certificates. Even if the marriage or civil partnership certificates are genuine, the relationship may still be deemed as sham if the decision maker is not satisfied that the relationship is genuine.

Doubt?

The relevant Home Office policy clearly states that if a caseworker processing an application is in any doubt that an Applicant’s marriage is a marriage of convenience or is misrepresenting facts, they can request further documents as evidence or can invite the Applicant for an interview. Again, it is advised that sufficient evidence is provided at the outset if your matter is not straightforward. Examples of where the Home Office may argue raises reasonable doubt is if you and your partner only met each other recently, there is a clear language barrier, there is a significant age difference and if the marriage was arranged. Although for clarification, an arrange marriage is acceptable as a valid marriage as long as there is evidence to show there was consent from both sides and there are cultural factors to support the norm.

Therefore, it is always best to provide additional evidence. Additional evidence may include photographs of the wedding/civil partnership, photographs on holidays, holiday bookings, bills in both names, birth certificates of children and testimonials from friends and family members.

If you are applying on the basis that the relevant EEA national is your spouse or civil partner, then you will need to provide evidence of your relationship with your partner.

What about dependent parents?

Under the new guidance, it is correct to say that dependency is assumed, but that is not the end of the matter as you must prove the relationship.  In the absence of concrete evidence to establish the direct relationship such as a birth certificate, the decision maker can carry out further investigation.

EEA Family Permit

The EEA Family Permit will still run alongside the EU Settlement Scheme until the end of the transitional period. There are certain situations where an Applicant will have to apply for an EEA Family Permit instead of the EU Settlement Scheme Family Permit, which includes:

  • If the relevant EEA national has not been granted status under the EU Settlement Scheme Family Permit.
  • The relevant EEA national is your durable partner. A durable partner is when you have lived together in a relationship akin to marriage with the EEA national for at least two years. The relevant EEA national must have the relevant documents at the time of the application.
  • You are the extended family member of the EEA national.
  • You have a derivative right of residence in the UK.

Conclusion

We highly recommend seeking advice from one of our experienced lawyers if you are considering applying under either of these routes.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

About this article

Read, listen and watch our latest insights

Pub
  • 09 July 2026
  • Litigation and dispute resolution

The Arbitration Act 2025 – Factsheet

This factsheet outlines the major reforms and key developments introduced by the Arbitration Act 2025, including updates on summary disposal, jurisdictional challenges, emergency arbitrators, arbitrator disclosure duties, and governing law in arbitration proceedings.

art
  • 09 July 2026
  • Immigration

Right to Work Checks are changing from 1 October 2026: Is your business ready?

The Home Office’s new rules, effective 1 October 2026, will overhaul right to work checks and raise the risk of civil penalties for UK businesses.

art
  • 08 July 2026
  • Privacy and Data Protection

ICO prosecutes employee under the Data Protection Act for forwarding client data to his personal email address

The issue of employees taking confidential business information or personal data when moving to a new employer remains a significant concern for businesses.

Pub
  • 07 July 2026
  • Litigation and dispute resolution

Accelerating arbitration: Expedited procedures and key changes in the new ICC Rules – Episode 2

In episode 2, Jack Hobbs (Clarkslegal) and Christopher Howitt (Three Stone) explore how the latest expedited and highly expedited procedures under the ICC Arbitration Rules 2026 are transforming the landscape of dispute resolution.

art
  • 07 July 2026
  • Employment

6 month unfair dismissal rights: What employers need to know

Under the new Employment Rights Act 2025 the minimum period of service required to qualify to bring a statutory claim for unfair dismissal has been reduced from 2 full years to 6 months from 1 January 2027 onwards.  

art
  • 02 July 2026
  • Litigation and dispute resolution

Litigation and Artificial Intelligence: Where are we now?

In the recent case of Cork and another v Smith, the High Court publicly admonished a law firm and two of its solicitors after they had produced and submitted two AI-generated letters to the court containing misleading and false information in relation to a block transfer application made under Rule 12.37 of the Insolvency (England and Wales) Rules 2016.