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DEALING WITH BREXIT

EXPLAINED: What Brits with EU partners need to know about returning to live in UK

While many of the 1.2 million Brits living in the EU have no immediate plans to return to the UK, circumstances can change. For those who have non-British partners heading home on a long-term basis could be more difficult than they imagined. We explain why.

EXPLAINED: What Brits with EU partners need to know about returning to live in UK
Photo: Martin Bureau/AFP

Since Brexit, the UK has a strict immigration policy in place for EU nationals moving to the country and contrary to popular belief, even if they are married to a British national it does not exempt them from those requirements.

So whether you’re planning a move back to the UK with your non-British partner in the near future or whether you just want to keep your options open, here’s what you need to know.

Moving before March 29th 2022

If your moving plans are imminent, you should be able to meet the deadline of March 29th 2022, which is an important cut-off point.

Thanks to campaigning groups like British in Europe, the UK government agreed to a grace period for Brits living in the EU to move back and bring their non-British spouses with them.

The March 29th date relates to the UK’s original exit date from the EU, and British in Europe is campaigning for an extension to reflect the several delays before the UK actually left.

This means the process is easier – but it’s still not simple.

First you must apply to the Home Office in the UK for an EU Settled Status Family Permit. This must be done before the move and the EU partner should not enter the UK until they have the permit.

Processing time for these permits vary, some people have reported it has taken several months, while others have had their application rejected and had to begin the lengthy appeals process.

Once you have the permit you can then make the move, and once in the UK the EU partner needs to apply for EU pre-settled status.

This application must be made before March 29th 2022 in order to benefit from the Settled Status system, which is now closed to all other new arrivals from the EU.

The advantage of this system is that the EU partner does not have to satisfy immigration criteria such as financial thresholds.

Moving after March 2022

If you move back to the UK with a non-British partner after March 2022, or you don’t get the application submitted in time, you fall under the new immigration regime.

This means that the EU partner will need a visa to enter the country, and in most cases this needs to be applied for before the move.

Some people think that being married to a Brit means more or less unlimited entry to the UK, but in fact this is not the case and the couple must comply with strict rules including minimum income levels. For people in low-earning professions, or those who are not able to work in the UK, this could effectively bar the non-EU partner from entering the country.

There are essentially two routes – the non-EU partner can apply for a visa in their own right, or the British partner can sponsor their partner for a visa

Own visa

The points-based system that now applies to EU citizens is the same as the system in place for non-EU nationals and essentially requires applications to gain a required level of points by things like earning enough money, having sufficient language skills or having certain skills or qualifications that the UK has a shortage of.

Find our more here.

Sponsored visa

There is also an option for the British partner to sponsor their EU spouse’s visa, but this too has a minimum income requirement.

The Citizens Advice Bureau in the UK lays out the following income thresholds British partners must earn in order to sponsor their EU national spouse.

  • Partner only – minimum of £18,600 a year
  • Partner and children – minimum of £18,600 a year plus £3,800 for the first child and an extra £2,400 for each child after that. The extra income for children only applies if the children do not hold British citizenship or have residence rights in the UK.

Income can come from savings, pensions, rental income or earnings – but only earnings in the UK are taken into account, so if you have a salary from the EU country where you have been living, this would not be taken into account.

This could also rule out – for example – someone returning to the UK in order to take care of elderly or ill family members, who may not be able to work while taking on caring responsibilities.

If you do not meet the income requirements you can make up the amount through savings, if you have a sufficient amount. This needs to be £16,000 plus an extra £2.50 for every £1 below the income threshold you fall. The savings must have been in your name for six months or more.

If you’re British and don’t have a foreign partner (or you’re willing to dump your partner for the pleasure of living in a country of drizzle and chunky chips) then you can move back at any time without the need for a visa.

Visits

Short visits back to the UK to visit friends or family are allowed, although the non-British partner will need to be aware of new travel rules since the end of the Brexit transition period, including the end of using national ID cards for immigration purposes – only passports are now permitted. The same applies to children.

But longer visits should be approached with caution to ensure that the non-Brit does not exceed their maximum allowed number of days in the country. The 90-day rule applies to EU nationals visiting the UK, but the UK rules allow 180 days together, they don’t need to be divided into two sets of 90 like in the EU.

There are also reports of EU arrivals being grilled by immigration officials on arrival and some people who said they intended to, for example, help with childcare for their family were treated as unauthorised job-seekers and detained, so be sure you are very clear that you do not intend to work while in the UK. 

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BREXIT

‘Ashamed, embarrassed, disappointed’ – How Brits in the EU feel about the UK

A new in-depth survey on British nationals living in the EU has revealed the impact that Brexit has had upon their lives, and their attitudes to their country of origin.

'Ashamed, embarrassed, disappointed' - How Brits in the EU feel about the UK

The study, conducted by academics at Lancaster and Birmingham universities, provides a snapshot of how Brits in the EU live – their age, family, work and education – and how they feel about the UK in the six years since the Brexit vote.

Unsurprisingly, it revealed that Brexit has had a major practical impact on the lives of Brits living in the EU – who are now subject to third-country rules and require residency cards or visas and face restrictions on voting and onward movement within the EU.

But the survey’s 1,328 respondents were also asked about their emotions towards the country of their birth.

Eighty percent of respondents said it had changed their feelings towards the UK.

A British woman living in Norway said she felt: “Deep, deep shame. Embarrassed to be British, ashamed that I didn’t try hard enough, or appreciate my EU citizenship.”

“Since Brexit I am disappointed in the UK. I am worried, and no longer feel like I have the same affinity for the country. It’s a shame because I love ‘home’ but the country feels so polarised,” added a British woman in her 30s living in Denmark.

An Austrian resident with dual British-Irish nationality said: “I feel disconnected, like it’s a completely different country from how I left it.

“So much so I feel more connected with my second nationality (Irish) despite the fact I never grew up in Ireland. It’s embarrassing what’s happened in the UK and what continues to happen. It’s like watching a house on fire from afar.”

The experience of living abroad during the pandemic also affected people’s feelings towards the UK, with 43 percent of people saying the UK’s handling of the Covid crisis affected their feelings towards the county.

A British woman in her 50s living in Spain said: “It was shambolic. Too late, too little, mixed messaging, lack of seriousness. So many deaths after what should have been a head start.”

A British man living in Greece described it simply as “a shit show”.

In addition to the Brexit effect, the survey also provided interesting and detailed data on the lives and profiles of Brits who live in the EU;

  • 69 percent had degree-level education
  • 77 percent worked in a professional or managerial role
  • 53 percent are of working age
  • 59 percent have been living in their country of residence for more than five years
  • 78 percent said it was very unlikely that they would move countries in the next five years 
  • The most common reasons for moving country were retirement (40 percent), family reasons (35 percent) and work (30 percent)

Almost all respondents said that Brexit had impacted their lives, with the loss of freedom of movement being the most common effect mentioned.

One man said: “My original plan (pre-2016) was to move to France on retirement, due in 2026. Brexit caused me to move sooner, in order to retain my European citizenship rights. The pandemic helped (indirectly) in that I got locked down in France in 2020, which enabled me to earn residence under the pre-Brexit rules. I had been talking to my employer about doing something similar before the pandemic broke.”

“I moved to France in 2020 in order to protect my right to live and work in France post-Brexit. My migration is 100 percent a result of Brexit,” said one American-British dual national.

Other respondents talked about the post-Brexit admin necessary to gain residency status in their country, financial losses due to the weakening of the pound against the euro and the loss on onward freedom of movement – meaning that Brits resident in one EU country no longer have the right to move to another.

The report also highlighted that only 60 percent of respondents had changed their legal status by security residency since Brexit.

For some Brits in the EU this is not necessary if they already have citizenship of their country of residence (or another EU country such as Ireland) but the report’s author highlighted that: “It may also offer an early indicator that within this population there are some who may find themselves without legal residence status, with consequences in the future for their right to residence, and access to healthcare, welfare and work (among other services).”

READ ALSO What to do if you have missed the Brexit deadline in France 

In total 42 percent of respondents were completely disenfranchised – the 15-year rule means they can no longer vote in the UK, while the loss of EU citizenship means that they cannot vote in European or local elections in their country of residence.

The British government has recently announced the ending of the 15-year rule, giving voting rights to all UK nationals, no matter how long they live outside the UK. 

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