UK nationals who resided in an EU Member State in accordance with EU law on free movement of persons on 31 December 2020, and who continued to reside there thereafter, fall within scope of the EU-UK Withdrawal Agreement.

Family members of UK nationals

Only the following categories of family members can still join the UK national Withdrawal Agreement beneficiary:

• Family members who were directly related to the Withdrawal Agreement beneficiary (‘core family members’) and resided outside the host State on 31 December 2020 and who fulfil the relevant conditions of Article 2(2) of the Free Movement Directive 2004/38/EC at the moment they seek residence under the Withdrawal Agreement in order to join the beneficiary in the host State
• Children born to, or legally adopted by, a UK national Withdrawal Agreement beneficiary
• Those who were durable partners and resided outside the host State before 31 December 2020 and whose relationship with the UK national Withdrawal Agreement beneficiary continues at the time they seek residence in the host State.
• Even though not explicitly mentioned in Article 10 of the EU-UK Withdrawal Agreement, persons other than those defined in Article 3(2) of Directive 2004/38/EC whose presence is required by UK nationals in order not to deprive them of their Withdrawal Agreement right of residence can also still join the UK national in the host Member State.

Issue of entry visas

The EU-UK Withdrawal Agreement does not govern short stays of family members of Withdrawal Agreement beneficiaries in the host State for the purposes of visiting the beneficiaries. Family members of Withdrawal Agreement beneficiaries who want to enter the EU for a short stay have to apply for a visa under the general provisions of the Visa Code and comply with the regular entry conditions for non-EU nationals, which are set out in the Schengen Borders Code.

Only family members who seek residence in the host State under the provisions of the EU-UK Withdrawal Agreement in order to join the Withdrawal Agreement beneficiary there (i.e., the family members want to become EU-UK Withdrawal Agreement beneficiaries themselves) can rely on the visa facilitations of Article 14(3) of the EU-UK Withdrawal Agreement.

Where family members decide not to make use of their right to lodge their application directly at the consulate but to use the services of an external service provider (VFS) or extra services, they may be required to pay for these services (service fee). Family members are exempted from paying the visa fee. 

Book an appointment

As a family member of an UK national Withdrawal Agreement beneficiary, you also have the possibility to submit your application directly at the Swedish Embassy in Kenya. Send an email to ambassaden.nairobi-visum@gov.se in order to receive an appointment. You will usually be given an appointment within a few working days.

More information

The EU-UK Withdrawal Agreement (europa.eu)

Permission for family members of British citizens - Migrationsverket

EU-UK family members- all countries 20240724