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If you’re a non-EU spouse of an EU citizen in the UK, navigating your rights can feel overwhelming. Can you live, work, or settle permanently? What visa options do you have? And how do recent immigration changes affect your future?
This guide breaks it all down so you can focus on your life together, not just the paperwork.
If you have questions concerning UK visas, permits, the EU Settlement Scheme, or other UK immigration issues, contact one of our immigration experts. Contact us online or at 02033844389.
What are the Rights of Non-EU Spouses of EU Citizens in the UK?
There are a few ways for partners and spouses from outside the EU to join EU citizens who live in the UK.
If you and your spouse meet specific criteria, you may be able to apply for a family permit through the EU Settlement Scheme. This will grant you permission to visit your spouse in the UK.
Once you’ve arrived in the UK, you may look at your eligibility for the EU Settlement Scheme. If you meet the requirements, you can apply for settled status.
Another option is to apply for a spouse visa to the UK if you plan to stay with your partner for longer than six months. If you are able to extend your spouse visa beyond the first 2 years and 9 months, you may also be eligible to apply for indefinite permission to remain.
If you do not meet the requirements for either of the abovementioned visas, you will need to apply for a standard visitor visa or, in the case of a dependent visa, submit an application on behalf of your spouse who is currently studying or employed in the UK on a relevant visa.
Our experienced UK immigration Solicitors can help you with your immigration process.
EUSS Family Permit: Joining Your EU Spouse in the UK
A non-EU spouse of an EU national residing in the UK can apply for a Family Permit through the EUSS scheme and stay for up to six months. Anyone with an EUSS Family Permit can stay, work, and attend school in the UK. They can apply for Pre-settled status under the EUSS once they are in the UK, and then after 5 years, they can achieve full Settled Status.
If your spouse is an EU national, they must have begun living in the UK no later than December 31, 2020, to apply for an EUSS Family Permit. You will be required to submit a separate visa application if your spouse is an EU national and entered the UK since this date.
You and your spouse, civil partner, or unmarried partner (with whom you must have lived together for a minimum of two years) must have begun your relationship no later than December 31, 2020, in order to qualify for an EUSS Family Permit.
If the settlement plan accepts your application, you’ll get pre-settled status and another five years to remain in the UK.
You will be able to apply for settled status after five years, which grants you indefinite residency in the UK.
Who is Eligible for the EU Settlement Scheme Family Permit?
You need to meet all of these requirements to apply for a family visa to the UK and join your EU spouse:
If your spouse, civil partner, or unmarried partner is a citizen of the European Union, Switzerland, Norway, Iceland, or Liechtenstein, you are eligible to get benefits as well.
- You’ve been together before December 31, 2020.
- Also, your partner or spouse was a UK resident as of 31 December 2020.
- Your partner or spouse is either already in the UK or plans to visit within the next six months after you apply.
Submit an application for a family visa. People who are married or living with you did not have to apply to the EU Settlement Scheme or could not apply because they are also British citizens.
If you were living in the UK before December 31, 2020, you can also get a family pass to come back. This is true regardless of whether your spouse or partner has applied for the EU Settlement Scheme or not.
However, you are required to maintain your continuous residency in the UK. This typically implies that you cannot leave the UK for more than 6 months in any 12 months unless there is a valid reason such as severe sickness, vocational training, an overseas posting, or vocational school.
Our experienced UK immigration Solicitors can help you with your immigration process.
How to Apply for the EU Settlement Scheme?
If you are not currently a UK resident, you will need to apply for the family visa online.
A current passport or national ID card is required as identification when applying for most government programs. The EU Settlement Scheme also requires you to give them the 16-digit application number of your family member.
On top of that, you need to show evidence that your relationship started before December 30, 2020. To do this, you need to give either:
- Legal proof proving marriage or civil union
- An EEA-issued document, like a residency card or family permit, that proves you are their husband or civil partner
If you’re a partner who isn’t married, you’ll need to show proof that you were in a long-term or family relationship by December 31, 2020. If you want to prove you’ve been living together for at least two years, this is the standard procedure. As evidence, you may provide:
- Documents that prove you and your partner live in the same place, such as utility bills, a lease or mortgage agreement, or bank statements
- Joint financial documents, including tax returns
- Investments or contracts that demonstrate your involvement in a joint venture or commitment
- Birth records or custody agreements that show you shared parenting duties while you lived together
Furthermore, you must additionally present proof that:
- At the time of application, you are still in the relationship.
- If you were in the UK before December 31, 2020, you were officially living there at that time.
Family Permit Fees and Processing Times
There is no cost to apply for a family permit through the EEA Settlement Scheme.
The processing time for a family permit application is usually a few weeks, though it could be longer during peak periods.
Contact UK Immigration Solicitors for help obtaining an EEA Settlement Scheme family permit. Call us at 02033844389 or send us an email to speak with one of our knowledgeable immigration attorneys today.
Our experienced UK immigration Solicitors can help you with your immigration process.
Dependent Visa Options for Spouses of EU Citizens with Work Visas
You can live with your EU-national spouse in the UK if you are not from the EU and they have a work visa, like the Skilled Worker visa. Additionally, you can join them as a dependent family member. You and your spouse, who is a citizen of the European Union, are both eligible to stay in the UK as long as your spouse has a valid work visa.
Business visas (such as the Start-up and Innovator visas) and study visas are among those that permit dependent family members to accompany visa holders in the UK.
In order to apply for a dependant visa, you and your spouse, who is an EU national, must be married, in a civil partnership, or have been living together for at least two years. Your spouse’s work visa must also be valid in the UK.
In addition, applicants must have enough money to live in the UK: £285 plus £315 for one child, plus £200 for each extra child.
After five years of continuous residence in the UK, you and your dependent family members will typically be eligible to apply for indefinite leave to remain (ILR).
How Can UK Immigration Solicitors Help?
UK Immigration Solicitors has a team of experts in all areas of business and personal immigration. As a non-EU spouse of an EU citizen residing in the UK, our immigration attorneys can manage your application for a UK visa. Among our services are:
- As the non-EU spouse of an EU citizen in the UK, we can help you figure out which immigration route is best for you and your long-term ambitions.
- Manage your application for a visa or settlement on your behalf
- Handle dependent visa extension
- Deal with a UK visa denial
If you are a non-EU spouse and need help with your application, call our immigration lawyers at 02033844389 for a free consultation or fill out our online form.
