Brits with EU partners warned over future problems returning to live in UK
Of the roughly one million British nationals living in the EU, many of them have a non-British spouse or partner. These people are now being warned of problems ahead should they ever decide to return to the UK to live.
For some it's the reason they moved abroad in the first place, while others simply met a handsome local in their new home and fell in love.
Either way, of the estimated 1.2 million Brits who live in EU countries, a significant number have met and settled down with partners from the country where they live or another non-British nationality.
While most Brits living abroad have managed to secure their residency rights since Brexit, they could face a whole different set of problems if they ever want to return to the UK and take their spouse or partner with them.
Under rules agreed as part of the Brexit negotiations, Brits can move back to the UK without their European partners needing costly visas as long as they do so before March 29th next year.
But despite assurances given by the British government, the citizens' rights campaign group British in Europe is warning that it is already seeing problems with the system, despite the deadline still being six months away.
When I stepped onto the ferry at Dover in September 1995 with my new German husband to move to Luxembourg I thought I was exercising my EU free movement rights. Little did I know I was sending myself into exile because I had fallen in love with a non-Brit #BrokenUKPromises https://t.co/3HOvzNMiGu
— Fiona Godfrey 🇪🇺 🇱🇺 🇬🇧 (@fjgodfrey) August 23, 2021
The system
Since the end of the Brexit transition period, EU nationals who want to move to the UK face a tough immigration process which has strict requirements including a minimum level of English and financial requirements.
Simply being married or in a civil partnership with a UK national does not remove these obligations.
What is in place, however, is an extended grace period in which UK nationals who moved abroad before Brexit can return to their home country and bring their EU spouse with them, as long as they do it before March 2022.
The problems
This system was not ideal and has left people facing tough choices. Even returning for a relatively short period, for example to care for an elderly parent back in the UK, can leave people facing a choice between their partner and their family.
Others may have no immediate plans to return to the UK, but may have considered it as a long-term option - now they have to either move back before March 2022 or face the prospect that moving back in future might not be impossible.
However now British in Europe is warning that even the system set up to process applications during the post-Brexit grace period is not working as it should.
EU nationals moving to the UK as the spouse of a British person have until March 29th 2022 to apply for Settled Status.
However, before they can apply they need to obtain a new EU family permit from the Home Office in the UK.
And British in Europe is warning that the Home Office is turning down some of these applications, often on seemingly flimsy or technical grounds.
Olivia, 7-mths pregnant, needs to return to support her ill father, but her husband's visa has been refused. Does she stay with her OH or return to be with her father? The stress placed on the whole family is harming the health of all of them.
— British in Europe (@BritishInEurope) August 23, 2021
Appealing against this can be a lengthy process, leaving some people who have already applied worried about missing the March deadline.
Other families are living in limbo as processing of visas is taking months when they were told it would take weeks. They are worried about missing deadlines e.g. for schools, unable to find interim jobs and money is running out while they wait.
— British in Europe (@BritishInEurope) August 23, 2021
British in Europe's Co-Chair Jane Golding said: "We are worried that there are many families across the EU who do not understand the implications of stringent immigration rules now applying to UK citizens in the EU.
"Many of us have older relatives in the UK who may need our care, or we had always planned to retire to the UK to be near family.
"The grace period given until the end of March 2022 is simply not long enough for families to make decisions to uproot and then arrange to return to the UK. We continue to lobby for a longer grace period.
"Families considering a move now need to be aware that the process is time-consuming and complex and that non-UK family members will first need to apply for a EU Settled Status family permit from outside the UK before the end of March 2022, and only when they have that and move to the UK will they be able to apply for EU pre-settled status."
Comments (14)
See Also
For some it's the reason they moved abroad in the first place, while others simply met a handsome local in their new home and fell in love.
Either way, of the estimated 1.2 million Brits who live in EU countries, a significant number have met and settled down with partners from the country where they live or another non-British nationality.
While most Brits living abroad have managed to secure their residency rights since Brexit, they could face a whole different set of problems if they ever want to return to the UK and take their spouse or partner with them.
Under rules agreed as part of the Brexit negotiations, Brits can move back to the UK without their European partners needing costly visas as long as they do so before March 29th next year.
But despite assurances given by the British government, the citizens' rights campaign group British in Europe is warning that it is already seeing problems with the system, despite the deadline still being six months away.
When I stepped onto the ferry at Dover in September 1995 with my new German husband to move to Luxembourg I thought I was exercising my EU free movement rights. Little did I know I was sending myself into exile because I had fallen in love with a non-Brit #BrokenUKPromises https://t.co/3HOvzNMiGu
— Fiona Godfrey 🇪🇺 🇱🇺 🇬🇧 (@fjgodfrey) August 23, 2021
The system
Since the end of the Brexit transition period, EU nationals who want to move to the UK face a tough immigration process which has strict requirements including a minimum level of English and financial requirements.
Simply being married or in a civil partnership with a UK national does not remove these obligations.
What is in place, however, is an extended grace period in which UK nationals who moved abroad before Brexit can return to their home country and bring their EU spouse with them, as long as they do it before March 2022.
The problems
This system was not ideal and has left people facing tough choices. Even returning for a relatively short period, for example to care for an elderly parent back in the UK, can leave people facing a choice between their partner and their family.
Others may have no immediate plans to return to the UK, but may have considered it as a long-term option - now they have to either move back before March 2022 or face the prospect that moving back in future might not be impossible.
However now British in Europe is warning that even the system set up to process applications during the post-Brexit grace period is not working as it should.
EU nationals moving to the UK as the spouse of a British person have until March 29th 2022 to apply for Settled Status.
However, before they can apply they need to obtain a new EU family permit from the Home Office in the UK.
And British in Europe is warning that the Home Office is turning down some of these applications, often on seemingly flimsy or technical grounds.
Olivia, 7-mths pregnant, needs to return to support her ill father, but her husband's visa has been refused. Does she stay with her OH or return to be with her father? The stress placed on the whole family is harming the health of all of them.
— British in Europe (@BritishInEurope) August 23, 2021
Appealing against this can be a lengthy process, leaving some people who have already applied worried about missing the March deadline.
Other families are living in limbo as processing of visas is taking months when they were told it would take weeks. They are worried about missing deadlines e.g. for schools, unable to find interim jobs and money is running out while they wait.
— British in Europe (@BritishInEurope) August 23, 2021
British in Europe's Co-Chair Jane Golding said: "We are worried that there are many families across the EU who do not understand the implications of stringent immigration rules now applying to UK citizens in the EU.
"Many of us have older relatives in the UK who may need our care, or we had always planned to retire to the UK to be near family.
"The grace period given until the end of March 2022 is simply not long enough for families to make decisions to uproot and then arrange to return to the UK. We continue to lobby for a longer grace period.
"Families considering a move now need to be aware that the process is time-consuming and complex and that non-UK family members will first need to apply for a EU Settled Status family permit from outside the UK before the end of March 2022, and only when they have that and move to the UK will they be able to apply for EU pre-settled status."
Join the conversation in our comments section below. Share your own views and experience and if you have a question or suggestion for our journalists then email us at [email protected].
Please keep comments civil, constructive and on topic – and make sure to read our terms of use before getting involved.
Please log in here to leave a comment.