The Impact of Brexit on UK Spouse Visa Regulations

Impact of Brexit on spouse visa

The aftermath of Brexit has brought about substantial transformations in the immigration landscape of the United Kingdom, particularly concerning the UK Spouse Visa regulations. As of January 1, 2021, the end of free movement between the UK and the European Union (EU) has paved the way for a revamped application process and eligibility criteria. In this in-depth exploration, we will dissect the implications of Brexit on UK Spouse Visa regulations, shedding light on the changes applicants need to navigate.

End of Free Movement

Before delving into the intricacies of the new application process, it’s vital to understand the fundamental shift resulting from the termination of free movement between the UK and the EU. Before Brexit, UK and EU citizens enjoyed the freedom to live, work, or attend school in any EU country without needing a visa. However, post-Brexit, this freedom ceased to exist.

According to migration statistics for the year ending in June 2023, there was a notable shift in migration patterns. The net migration of EU citizens to the UK stood at -86,000, indicating that more EU citizens left the UK than arrived. On the contrary, non-EU nationals contributed to a net migration of 768,000, with more people arriving than leaving. Additionally, the net movement of British nationals was -10,000, showcasing a trend of more Britons leaving the UK than returning.

Application Process in the Post-Brexit Era

The application process for UK Spouse Visas has undergone significant changes post-Brexit, introducing new avenues for individuals seeking to work, live, or study in the UK. Here are key aspects of the revised application process:

Digital Visa Applications:

  • Applicants now have more streamlined options to apply for visas online, simplifying the process and enhancing accessibility.
  • To maintain security, genetic information is now part of the application requirements.

Biometric Data Collection:

  • EU, EEA, and Swiss citizens must use a mobile app to take a digital picture of their face, eliminating the need for physical fingerprints.
  • Non-EU citizens, however, must visit a foreign visa application office to provide fingerprints and a photograph.

EU Settlement Scheme

For individuals who arrived in the UK by December 31, 2020, the EU Settlement Scheme provides a pathway for non-EEA family members of EU, EEA, or Swiss citizens to secure their status. The eligibility criteria depend on the arrival date of the family member, requiring proof of the relationship and its commencement before December 31, 2020.

For those arriving after December 31, 2020, eligibility is contingent on being either a citizen of the EU, EEA, or Switzerland with a family member arriving by that date or a non-EEA relative arriving by the exact date of an EU, EEA, or Swiss family. Documentary evidence demonstrating the relationship, its inception by December 31, 2020, and its continuation is essential.

Swiss Spouse or Civil Partner

If a spouse or civil partner is Swiss and arrived in the UK before December 31, 2020, they may apply until December 31, 2025. The eligibility criteria include being an EU, EEA, or Switzerland member with a spouse or civil partner arriving in Switzerland by December 31, 2020, or a non-EEA spouse or civil partner of a Swiss national arriving before the same date. Adequate proof of the partnership or marriage is a prerequisite.

Applying as a Partner or Spouse

The application as a partner or spouse involves several requirements:

Age and Citizenship Criteria:

  • Both the applicant and the partner must be 18 or over.
  • The partner must be a British or Irish citizen, have settled status, or be from the EU, Switzerland, Norway, Iceland, or Liechtenstein with pre-settled status.

Intention to Live Together:

  • After the application is approved, both partners must intend to live together permanently in the UK.

Proof of Relationship:

  • Applicants must provide evidence of being in a civil partnership or marriage recognized in the UK or having lived together in a relationship for at least 2 years.

English Language Proficiency and Financial Support:

  • Proficiency in English and the ability to financially support oneself and dependents are essential requirements.

Extensions and Additional Considerations

Applicants granted a family visa can stay in the UK for 2 years and 9 months, with fiancé, fiancée, or proposed civil partners having a 6-month duration. Extensions are possible, allowing for a stay of 2 years and 6 months.

Conclusion

The post-Brexit changes in UK Spouse Visa regulations signify a paradigm shift in the immigration landscape. While the application process has become more streamlined, the end of free movement has ushered in new challenges and considerations for individuals seeking to reunite with their families in the UK. Navigating the intricacies of the EU Settlement Scheme and meeting the eligibility criteria for partner or spouse visas requires a thorough understanding of the revised regulations. As the UK continues to adapt to its post-Brexit reality, staying informed about immigration policies is crucial for prospective applicants.

Frequently Asked Questions 

Q: What changes occurred to the UK Spouse Visa regulations after Brexit?

A: Post-Brexit, significant changes include the implementation of the Points-Based System, the end of free movement with the EU, and the introduction of stringent financial thresholds.

Q: How has the end of free movement affected migration patterns in the UK?

A: Migration statistics for the year ending in June 2023 reveal a shift, with more EU citizens leaving the UK (-86,000) than arriving, while non-EU nationals contributed to a net migration of 768,000.

Q: What is the EU Settlement Scheme, and who is eligible for it?

A: The EU Settlement Scheme allows non-EEA family members of EU, EEA, or Swiss citizens who arrived in the UK by December 31, 2020, to secure their status. Eligibility criteria depend on the arrival date of the family member.

Q: How does the application process for UK Spouse Visas differ for EU and non-EU citizens?

A: EU, EEA, and Swiss citizens can use a mobile app to take a digital picture of their face, while non-EU citizens need to visit a foreign visa application office for fingerprints and a photo.

Q: What are the eligibility criteria for applying as a partner or spouse in the UK post-Brexit?

A: Applicants must be 18 or over, and the partner must be a British or Irish citizen, have settled status, or be from the EU, Switzerland, Norway, Iceland, or Liechtenstein with pre-settled status.

Q: How long can one stay in the UK with a Spouse Visa, and is an extension possible?

A: Spouse Visa holders can stay for 2 years and 9 months, with fiancé, fiancée, or proposed civil partners having a 6-month duration. Extensions are possible, allowing for a stay of 2 years and 6 months.

Q: What additional documentation is required to prove a relationship for Spouse Visa applications?

A: Applicants need evidence from government, banks, landlords, or medical professionals confirming the relationship, such as a marriage certificate, tenancy agreement, or joint bank statements.

Q: How has Brexit affected mixed-nationality couples applying for Spouse Visas?

A: Mixed nationality couples, where one partner is a UK citizen and the other is an EU national, may face complexities due to the equality in treatment between EU and non-EU nationals.

Q: What options are available for individuals arriving in the UK after December 31, 2020, under the EU Settlement Scheme?

A: Eligibility depends on being a citizen of the EU, EEA, or Switzerland with a family member arriving by December 31, 2020, or a non-EEA relative arriving by the exact date of an EU, EEA, or Swiss family.

Q: How has the Points-Based System impacted the financial requirements for UK Spouse Visa applicants?

A: The Points-Based System has introduced stringent financial thresholds, requiring sponsors to meet specific income levels to bring their spouses to the UK.