EEA Family Permit Refused? Here Is What You Must Do Right Now

Receiving a refusal on an EEA family permit or EUSS joining family member permit is devastating. You may be stranded abroad, separated from your partner or children, uncertain what happens next. The most important thing to understand is this: you almost certainly have a right of appeal — but only 28 days to use it. After that window closes, it is gone.

The Two Routes: EEA Family Permit vs EUSS Joining Family Member Permit

There are two distinct permits for non-EEA family members of EU nationals joining family in the UK, and understanding which applies to your situation matters.

The EEA Family Permit was the pre-Brexit route, issued under the Immigration (EEA) Regulations 2016. Following the UK’s departure from the EU, this route has extremely limited remaining use and is no longer available to most applicants.

The EUSS Joining Family Member Permit is now the primary route. If your EU, EEA, or Swiss national sponsor holds pre-settled or settled status under the EU Settlement Scheme, and you are their spouse, civil partner, durable partner, child, or dependent relative, this is the route that applies — and the focus of this article.

Most Common Reasons for a EUSS Family Permit Refusal

The Home Office sets out its grounds in the refusal letter. The most common reasons for a EUSS family permit refusal include:

• Insufficient evidence of a durable partnership. Unmarried partners must generally demonstrate at least five years of cohabitation or a committed relationship. Bank statements, joint tenancy agreements, and correspondence all matter — but applicants frequently underestimate how much is required.
• Failure to prove the sponsor’s EUSS status. The entire application depends on the EU national holding valid pre-settled or settled status. An incorrect share code or lapsed status can cause an otherwise valid application to fail.
• The relationship did not predate 31 December 2020. For non-spouse or civil partner family members, the relationship with the EU national must generally have existed before the end of the Brexit transition period.
• Incorrect evidence format. The Home Office has specific requirements for certification and translation of documents. A strong case can still be refused if evidence is not presented correctly.

Your refusal letter will identify which requirement was not met. Keep it safe — it is the foundation of any appeal.

Your Right of Appeal — and Why 28 Days Goes Fast

A refused EUSS joining family member permit carries a statutory right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber). You do not need to ask for this right — Parliament has given it to you. But you must exercise it within 28 days of the date on the refusal notice.

For a family in this situation, four weeks is an alarmingly short window. Consider what must happen within that time:

• The refusal letter must arrive at your overseas address
• If the letter is not in English, it must be professionally translated
• You must find an immigration solicitor with tribunal experience
• Grounds of appeal must be drafted and formally filed

International post, public holidays, and the difficulty of finding specialist legal help from abroad all consume days. The tribunal will not extend the deadline because circumstances made it hard to meet.

New Evidence Can Turn a Refused Case Around

One of the most significant — and least understood — features of the appeal process is that the First-tier Tribunal can consider new evidence not submitted with the original application. This distinguishes an appeal from an administrative review, which is locked to the original bundle.

This matters enormously. If your EU settlement scheme family permit application failed because a document was missing or a relationship was not adequately evidenced, those gaps can often be remedied on appeal. A well-prepared case can succeed where the original application failed.

The Human Cost of Missing the Deadline

If the 28-day window passes without a Notice of Appeal being filed, the refusal becomes final. A non-EEA spouse refused family permit who misses this deadline has no immediate tribunal remedy. The only option is to begin again: a new application, new fees, new evidence — and potentially many more months of separation from family in the UK.

For families already living apart, that delay is not abstract. It means lost time with children, financial strain, and the toll of prolonged uncertainty. The appeal right exists to prevent this — but only if it is used in time.

How NA Law Solicitors Can Help

NA Law Solicitors is an SRA-regulated immigration law firm that acts for non-EEA family members in precisely these situations. Following a refusal, we will:

• Review your refusal letter and identify every ground raised by the Home Office
• Give you an honest assessment of your appeal prospects before you commit
• Draft grounds of appeal tailored to the legal arguments most likely to succeed at tribunal
• Prepare a complete evidence bundle, addressing any gaps in the original application
• Represent you at the tribunal hearing

We are accustomed to working quickly under deadline pressure. But every day that passes reduces the time available to build the strongest possible case.

Contact NA Law Now — Before It Is Too Late

If your EEA or EUSS family permit has been refused, you may have as little as 28 days to appeal — contact NA Law Solicitors immediately.

Call us: 0203 524 5439
Email us: admin@nalawsolicitors.co.uk
Visit: nalawsolicitors.co.uk

NA Law Solicitors is regulated by the Solicitors Regulation Authority (SRA). This article is for general information only and does not constitute legal advice specific to your circumstances.