Skip to content 
Love knows no borders, but immigration laws do! If you’re a UK citizen or have settled status and are planning to get married EU citizen UK, understanding your spouse’s immigration status is crucial.
This guide breaks down the post-Brexit regulations, getting married to EU citizen in UK, your spouse’s right to remain, and what it means for marriages between UK and EU nationals. Let’s dive in!
UK Marriage Visa Options for Non-UK and EU Citizens
Visa applications may be required for non-UK citizens getting married to EU citizen in UK after Brexit unless they meet one of the following conditions:
- Indefinite leave to remain (ILR)
- Under the EU settlement system (EUSS), settled or pre-settled status
- You must have applied to the EU Settlement Scheme before June 2021. Alternatively, you must hold a valid UK visa for more than six months.
Whether you intend to reside in the UK with your EU fiancé following your civil partnership or marriage in the UK, as well as your present immigration status, determine the sort of UK marriage visa that is necessary for you. The following are the most common types of marriage visas from the United Kingdom:
Marriage visitor visa
This route permits non-UK nationals to visit the UK to get married or enter into a civil partnership. A tourist visa typically lasts six months, requiring the applicant to marry within this period.
Fiancé visa
This applies to foreign nationals marrying an EU permanent resident and planning to live in the UK. After that, you can change it to a spouse visa. You must end any previous marriages and plan to marry within six months of arriving to apply.
Spouse visa
This option lets non-UK citizens live in the UK with a settled EU partner. If you intend to marry in the UK, apply for a fiancé visa first and then switch to a spouse visa.
- You need to be in a real and ongoing relationship.
- Speak English well.
- Have sufficient funds to qualify for a Spouse visa
EU Family Permit Scheme
Certain family members of EU and EEA nationals, as well as qualifying individuals from Northern Ireland, are entitled to immigrate to the UK with the help of the EU Settlement Scheme family permit. You can only apply if you or a member of your immediate family has been living in the United Kingdom prior to the end of 2020, and if you and your family’s relationship began on or before this date.
Our experienced UK immigration Solicitors can help you with your immigration process.
Getting Married to EU citizen in UK with Settled or Pre Settled Status
Married EU nationals with settled or pre-settled status under the EU Settlement Scheme (EUSS) were exempt from UK immigration laws prior to Brexit and the end of free movement between the EU and the UK on 31st December 2020. This meant that a UK Spouse visa application was unnecessary for them. EU nationals marrying British citizens must obtain a spouse visa under the UK’s family visa scheme. This requirement applies from January 1, 2021.
A non-EU spouse can marry an EU citizen residing in the UK or planning to do so after Brexit. They can then apply for one of the following visas to settle permanently.
EU Settlement Scheme Family Permit
There is a possibility that the EU Family Permit program will continue to accept applications from non-EU spouses and partners in long-term relationships who migrated to the UK before Brexit. To qualify for EUSS settled or pre-settled status, the EU citizen must have lived in the UK by 31st December 2020. In order to apply for entry to the UK, you must complete and submit this application while overseas. An immigration attorney can review your situation and represent you in negotiations with the Home Office.
Business or work visa
As a non-EU citizen, you and your EU partner can apply for a work visa (like the Skilled Worker visa) or a business visa (like the Innovator Founder visa) to live in the UK. You must have a job offer in an eligible role with a company that has a sponsor licence and make at least the minimum salary to be eligible for a work visa. By going through these channels, you can apply for an immigration status that is separate from your partner’s.
UK Spouse Visa: Refer to the previous section.
Our experienced UK immigration Solicitors can help you with your immigration process.
What rights do you have if you are a UK Citizen Married to EU Citizen?
Your rights as an EU citizen’s spouse in the UK depend on your immigration status. It is legal to get married or form a civil union within six months after arriving in the UK on a Marriage Visitor Visa. You must marry in a licensed venue and leave the UK before your visa expires.
With a fiancé(e) or proposed civil partner visa, you can stay in the UK for up to six months to marry or form a civil partnership. A Spouse visa can be applied for after a marriage has taken place. You can extend your stay in the UK by 2 years and 6 months with a spouse visa.
The initial validity period is 2 years and 9 months. You are eligible to apply for permanent residence after five years on a spouse visa. Spouse visa holders are eligible to work, study, and use the NHS in case of a medical emergency while in the UK.
As long as your Family Permit is still active, you are free to work and attend school in the UK. There are no limitations on your travels to or from the UK either.
Our experienced UK immigration Solicitors can help you with your immigration process.
Need Guidance?
UK Immigration Solicitors is an immigration advisory firm that focuses on the UK and assists clients in navigating the immigration process. Many changes to the UK’s immigration rules, including the end of free movement between the EU and the UK, would affect EU residents already living in the UK and those planning to visit the UK after 2021. If you worry about your EU partner’s ability to live and stay in the UK with you, we will assist you.
Whether you are marrying a non EU citizen in UK or concerned about your EU partner’s immigration status, UK Immigration Solicitors is here to help. We can help with any questions about your status. We also guide you on applications to maintain your legal status.
Get in touch with us if you need assistance with the spouse visa application process or have any questions regarding the standards for qualifying.
Frequently Asked Questions (FAQs)
Q1: Will marrying an EU citizen allow me to remain in the UK?
Ans. After Brexit, you and your spouse can apply to the EU Settlement Scheme to remain in the UK if you are married to an EU citizen. Your length of stay in the UK will determine whether you are granted settled or pre-settled status. If granted settled status, you will be able to live in the UK indefinitely.
Q2: When you marry an EU citizen, what happens?
Ans. When you married EU citizen UK it gives you access to specific protections guaranteed by EU law. This will make it easier to join your spouse in another EU country. It applies whether they are working, studying, or living there. You and your spouse must apply for the EU Settlement Scheme before 30 June 2021. This ensures you can stay in the UK after EU law is revoked.
Q3: Are EU citizens able to bring their non-EU spouses to the UK?
Ans. An EU citizen can bring their non-EU spouse to live with them in the UK, but in order to legally reside in the UK after 30 June 2021, both of you will need to apply under the new EU Settlement Scheme. Additionally, the non-EU spouse must reside in the UK before the end of the transition time on December 31, 2020.
Q4: Is it possible to marry a British citizen and then reside in the UK?
Ans. You can live in the UK after marrying a British citizen. But you’ll need a visa or authorisation under the EU Settlement Scheme if you’re from a certain country. Even if you are married to a British citizen, you are not automatically granted lawful immigration status. You must apply under the new scheme after 30 June 2021. This will affect your rights and status as an EU citizen residing in the UK.
