Guide to Getting Married to an EU Citizen in the UK

As a non-UK citizen marrying an EU citizen in the UK or an EU citizen marrying a UK citizen after Brexit, you may need to apply for a visa to stay in the UK, unless you have:

• Indefinite Leave to Remain (ILR)
• Settled or pre-settled status under the EU settlement scheme (EUSS)
• Applied for the EU settlement scheme on or before June 2021 or
• A valid UK visa lasting more than 6 months.

The type of UK marriage visa that you need depends on your current immigration status and whether you plan to live in the UK with your EU fiancé after your civil partnership or marriage in the UK. The main UK marriage visas are as follows:

• Marriage visitor visa – allows non-UK nationals to come to the UK to get married or enter into a civil partnership as a visitor. This type of visitor visa is normally granted for 6 months, during which time you must get married.
• Fiancé visa – for non-UK nationals who plan to live in the UK once married to an EU national who is already settled here. It is then possible to switch to a Spouse visa. To apply, any previous marriages must have ended, and you must intend to get married within 6 months of arrival.
• Spouse visa – allows non-UK nationals holders to live with a settled EU partner in the UK. If you plan to get married in the UK, you can apply for a fiancé visa first (see above) and then switch to a Spouse visa. To qualify for a Spouse visa, you must meet the financial requirements, be in a genuine and subsisting relationship, and meet the English language requirements.
• EU Family Permit scheme – The EU Settlement Scheme family permit enables certain family members to come to the UK, including family members of EU and EEA nationals or an eligible person of Northern Ireland. In order to apply, your UK-based family member must have been living in the UK before the end of 2020, and your family relationship must have started by this date.

Settled or pre-settled status marriages

Prior to Brexit and the ending of free movement between the EU and the UK on 31^st December 2020, EU nationals with pre-settled or settled status under the EU Settlement Scheme (EUSS) who married and lived with a UK citizen were considered exempt from UK immigration rules. As such, they did not need to apply for a UK Spouse visa. As of 1^st January 2021, EU nationals who migrate to the UK and marry a British citizen are required to apply for a Spouse visa under the UK’s family visa scheme.

It is also possible for a non-EU spouse to come to the UK to marry an EU citizen who has moved or is moving to the UK after Brexit and live here by either applying for:

• EU Settlement Scheme Family Permit – A non-EU spouse or partner in a durable relationship with an EU Citizen who moved to the UK before Brexit may be able to still apply under the EU Family Permit scheme. The EU national needs to have been living in the UK by 31st December 2020 and has EUSS settled or pre-settled status. This application must be prepared and submitted from abroad to apply to enter the UK. Please speak to an immigration lawyer who can assess your circumstances and approach the Home Office to make your case for you.
• UK Spouse visa – please see above.
• Work or business visa – you can apply to live in the UK as a non-EU national with your EU partner by applying for a work visa (e.g. Skilled Worker visa) or business visa (e.g. Innovator Founder visa). To qualify for a work visa, you must have a job offer with an eligible role with an employer with a sponsor licence and meet the minimum salary requirements. Applying through these types of routes means that you have an immigration status that is not dependent on your partnership and their immigration status.

What are your rights if you are married to an EU citizen in the UK?

If you are married to an EU citizen in the UK, your rights depend on your immigration status. If you are on a Marriage Visitor Visa, you can marry or enter into a civil partnership within 6 months of arriving in the UK. According to the immigration rules, you must get married in a venue with a licence, and you must leave the UK before your visa expires.

If you hold a fiancé, fiancée or proposed civil partner visa, you will have the right to stay in the UK for up to 6 months to get married or enter into a civil partnership. Once you are married, you can then apply for a Spouse visa. A Spouse visa will allow you to stay in the UK for 2 years and 9 months and then a further 2 years and 6 months. After 5 years on a Spouse visa, you can apply for permanent settlement. During your time in the UK on a Spouse visa, you can work, study, and access the UK’s National Health Service (NHS) if you need medical care.

If you are on a Family Permit, you can work and study in the UK whilst your permit remains valid. You can also travel freely to and from the UK without restrictions.