1. Overview: Marrying an EU Citizen as a Non-EU National in the UK
For non-EU nationals marrying an EU citizen in the UK, the process changed significantly after Brexit. While EU citizens could previously rely on EU free movement laws, they now must comply with the UK’s immigration laws. Non-EU nationals typically need a family visa to live and remain in the UK, and both partners must meet specific criteria for the marriage and residency process.
2. Eligibility Requirements for Non-EU Nationals
Non-EU nationals who wish to marry and live with an EU citizen in the UK must meet the following:
- Genuine Relationship: The relationship must be genuine, provable, and subsisting. Supporting evidence like photos, communication records, and joint financial commitments can help demonstrate this.
- Residency Status of the EU Partner: The EU partner should have valid UK residency, such as Pre-Settled or Settled Status under the EU Settlement Scheme (EUSS) or indefinite leave to remain.
- Financial Requirements: While the financial threshold varies, a minimum income may be required if applying for a family visa.
Meeting these requirements is essential for a smooth application process.
3. Visa Options for Non-EU Nationals Marrying an EU Citizen in the UK
Non-EU nationals have several options when applying to live in the UK with their EU spouse:
- Family Permit (EU Settlement Scheme): If the EU spouse has Pre-Settled or Settled Status, non-EU nationals can apply for a Family Permit. This permit allows temporary residency in the UK, giving time to transition to a long-term visa.
- Spouse or Partner Visa: If the EU citizen has Settled Status, indefinite leave to remain, or British citizenship, the non-EU spouse may apply for a UK spouse visa under UK immigration rules.
- Fiancé Visa: For non-EU nationals entering the UK to marry an EU citizen with British citizenship or Settled Status, the Fiancé Visa grants a 6-month stay with no work rights, during which they can marry and apply for a spouse visa.
4. Applying for an EU Settlement Scheme Family Permit
The EU Settlement Scheme Family Permit is for non-EU nationals who have a relationship with an EU citizen living in the UK.
- Eligibility: The EU partner must hold Pre-Settled or Settled Status under the EU Settlement Scheme.
- Duration: The Family Permit allows a 6-month stay, during which time applicants can apply for Pre-Settled Status to secure longer-term residency.
- Application Process: Apply online and submit supporting documents, including evidence of relationship, the EU spouse’s residency status, and proof of intention to reside together in the UK.
The EU Settlement Scheme Family Permit is free, but it’s essential to apply in advance due to processing times.
5. UK Spouse Visa for Non-EU Nationals
The UK Spouse Visa is available for non-EU nationals married to EU citizens who have Settled Status or indefinite leave to remain in the UK.
- Eligibility: You must be legally married, over 18, and demonstrate a genuine relationship.
- Financial Requirement: The EU partner (sponsor) must typically earn at least £18,600 per year or provide equivalent savings, though exceptions apply.
- English Language Requirement: Non-EU spouses must meet the A1 level in English, which involves basic proficiency.
The spouse visa allows a 2.5-year stay and can be renewed. After 5 years, spouses may qualify for indefinite leave to remain (ILR).
6. Required Documents for Marriage Visa Applications
When applying for a UK visa as the spouse of an EU citizen, provide the following:
- Passports: Valid passports for both the non-EU applicant and the EU partner.
- Marriage Certificate: Legal proof of marriage.
- Proof of Relationship: Documentation of a genuine relationship, including shared financial responsibilities, living arrangements, and communication history.
- Financial Proof: Payslips, bank statements, or employment contracts if required.
- Proof of Residency for the EU Partner: EUSS documentation (Pre-Settled or Settled Status) or proof of indefinite leave to remain.
A complete set of documents will strengthen the application, preventing delays and refusals.
7. Financial Requirement for UK Spouse Visa
The financial requirement for a spouse visa generally requires an income of at least £18,600 per year or adequate savings. However, the requirement may be higher if there are dependent children:
- 1 Child: Minimum income of £22,400 per year
- Each Additional Child: An additional £2,400 per year
The financial requirement can be met through a combination of employment, self-employment, savings, or pensions, as long as they meet UKVI criteria.
8. Steps to Get Married in the UK as a Non-EU Citizen
If you’re in the UK and wish to marry an EU citizen, here’s what to do:
- Apply for a Marriage Visitor Visa (if required): If not on a family or fiancé visa, you may need a Marriage Visitor Visa to enter the UK specifically to get married.
- Give Notice of Marriage: Visit the local register office to give notice of your intent to marry. You must wait 28 days after giving notice before the marriage can proceed.
- Provide Proof of Residence: Show evidence that both parties meet UK residency requirements.
If already on a valid visa, a marriage visitor visa may not be necessary, but check requirements with the UK Home Office.
9. Residency Rights and Pathway to Citizenship
Once married and on a spouse visa or with Pre-Settled Status, non-EU spouses can live, work, and study in the UK:
- Pre-Settled Status: Eligible for EU Settlement Scheme Family Permit holders. After five years, applicants can apply for Settled Status.
- Spouse Visa Pathway: Spouse visa holders may apply for indefinite leave to remain (ILR) after 5 years. After holding ILR for 12 months, they can apply for British citizenship.
These pathways offer clear routes to citizenship for non-EU spouses, depending on visa type and residency length.
10. Frequently Asked Questions (FAQs)
Q1: Can I work in the UK on an EU Settlement Scheme Family Permit?
A: Yes, you can work in the UK with an EU Settlement Scheme Family Permit and apply for Pre-Settled Status for long-term residency.
Q2: Can a non-EU spouse stay in the UK after divorce from an EU citizen?
A: If on a spouse visa, you must notify the Home Office if you divorce. Retaining residency depends on visa type, length of stay, and immigration status.
Q3: Can I apply for a spouse visa after marrying in the UK on a tourist visa?
A: No, switching from a visitor visa to a spouse visa within the UK is not permitted. You must apply from your home country.
Q4: Does the financial requirement apply to all visa applications for non-EU spouses?
A: No, the requirement varies. EU Settlement Scheme Family Permit applicants may not need to meet the financial threshold, while UK spouse visa applicants typically must meet it.
Q5: Do I need health insurance to apply for a spouse visa?
A: Yes, spouse visa applicants pay the Immigration Health Surcharge (IHS) as part of the application, providing access to the UK’s National Health Service (NHS).
Q6: Can I bring my non-EU children with me?
A: Yes, children under 18 may join if they meet the dependent requirements and the applicant fulfills the financial requirement.