What if the family member is also an EEA national ?
A family member of an EEA national (or British Citizen) resident in the UK, who is themselves an EEA national, will normally be able to rely on their own continuity of residence to apply for settled status. Otherwise they will need to rely on their EEA national relative's status.
They won't normally need to provide evidence of their family relationship to that person.
But they will need to provide evidence if, for example, they are relying on that relationship with less than 5 years' continuous residence, or they are relying on a retained right of residence after that relationship has ended. For details go to "Can an EEA national be eligible for Settled Status with less than 5 years' continuous residence?" on this page. "
What if the family member is a non EEA national?
Where the family member is not an EEA national themself, and they don't have their own permanent residence status, (or don't have proof of it), the Home Office will check HMRC and DWP records, and - where necessary - other documentary evidence, to establish whether they do qualify as a family member of an EEA national (see below). They will also need to provide evidence of their relationship to the EEA relative for the period in question and will, we understand,be required to provide proof of their relative's status even though they already have documentary proof from the EEA national!
Where the family member is an unmarried partner (in a durable relationship) or a dependent relative, they will also need to have obtained a 'relevant document' before applying to the scheme. This means a family permit, registration certificate, residence card, document certifying permanent residence, permanent residence card or derivative residence card issued by the UK under the EEA Regulations on the basis of an application made under the EEA Regulations before 1 January 2021. The 'statement of changes to the Immigration rules' state that if a durable partner or dependent relative has an expired relevant document it will not stop them relying on the corresponding period of residence, so long as, before it expired, they applied for a further relevant document based on the same family relationship and the document was issued before the settlement scheme application is decided.
What if the non EEA national only qualifies to be in the UK under a "derivative right to reside"?
They cannot make an application through the usual route but instead need a paper form from the Home Office - they need to ring 03001237379. More on derivative rights on this page.
EEA nationals and their family members who will not have been granted settled status by 30th June 2021 will be able to claim UC and some other benefits only if they have a Right to Reside, or - after 31.12.2020 - a status equivalent to Right to Reside, under new regulations.
If not protected, an EEA national/family member will not have the right to claim UC and many other benefits.
From 01.07.2021 the protection ends for those with no status but continues for those with pre-settled status so long as they continue to fit the right to reside criteria.
See this page.