If the non-EEA family member has been issued with a PR card, there is no need to use the Lounes paper application. They can apply in the usual way, using their PR card number to prove relationship and residence.


Applying with PR
The UK left the EU with a deal on January 31st, that means there is no time limit for close family members of EEA nationals with settled or pre-settled status in the UK, to join their family members here, provided the relationship existed before the end of the transition period, which is the end of 2020. This applies mostly to spouses and civil partners, since the relationship with parents, grandparents, children and grandchildren would have been in place since birth.

In the Lounes, case, the ECJ ruled that EEA nationals naturalised as British citizens still retain their rights to sponsor family members, who can be:

A spouse or civil partner;
A durable partner;
A child or grandchild of the dual EEA national or their spouse or civil partner, under 21 years old;
A dependent child or grandchild of the dual EEA national or their spouse or civil partner, aged 21 years or older;
A dependent parent or grandparent of the dual EEA national or their spouse or civil partner. Dependency is assumed and need not be proved;
A dependent relative of the dual EEA national who holds a relevant document as a dependent relative

Although the Lounes case makes it possible for dual UK/EEA nationals, to sponsor family members under the EU settlement scheme as above, applications for family members of EEA nationals who are also UK nationals ("Lounes" applications) are considerably more complex than regular applications where the EEA national is not a UK national.

Applications have to be made using a paper form which is only available on request, after answering a number of questions, and it's over 40 pages.

While regular applications under the EU settlement scheme are based purely on residence, Lounes applications involve the dual national exercising Treaty Rights in accordance with the EEA Regulations.

EEA nationals wishing to sponsor family members under the EU settlement scheme may find it easier if they apply for settled status for themselves and their family members first, before applying for British citizenship.

Requirements to apply

The dual British/EEA national exercised free movement rights in the UK as a worker, self-employed person, self-sufficient person or student, or had PR status in the UK;
They acquired British citizenship retaining their EEA nationality; and
They continue to exercise Treaty rights or hold PR status.

Requirements 1 and 3 would be met by applicants who applied for citizenship using a PR card.

Applicants who applied for citizenship relying on settled status or "old" ILR may not necessarily meet the treaty rights and/or PR status criteria, as these are granted under UK immigration rules not subject to treaty rights requirements.

Please refer to the
potential impact on family members post before applying for citizenship.

Evidence to be provided

Valid British passport for the dual UK/EEA sponsor;
Valid EEA passport or ID card for the dual UK/EEA sponsor;
Valid passport for the applicant;
Evidence of family relationship, such as a marriage/civil partnership certificate or birth certificate;
Relevant document(s) as a durable partner or dependent relative, where applicable;
Evidence of dependence, where applicable
Evidence of UK residence.

The required documents depend on the kind of family relationship.

You cannot apply online.

Request a paper form: Contact the EU Settlement Scheme.

If you had to send your documents by post, you can use an online form to request them back, see: Document return.