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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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TRAVEL NEWS

Passports: What are the post-Brexit rules for dual-nationals travelling in Europe?

People who have more than one citizenship often hold multiple passports, so what does this mean for crossing borders? Here's what you should know.

Passports: What are the post-Brexit rules for dual-nationals travelling in Europe?

For many readers of The Local, gaining citizenship of the country where they live helps them to feel more settled – but there are also travel benefits, including avoiding the long ‘non EU’ queue when coming back into the Schengen zone.

But this week the problems associated with travelling while holding dual citizenship came to light, leaving many people wondering what they should know when they are entering different countries.

Put simply – which passport should you use? And do you have to carry both with you?

Financial Times journalist Chris Giles tweeted that the UK Border Force “detained” his dual-national daughter while she was travelling from France into the UK with her German passport – and not her British one. 

He went on to say that UK border guards released his daughter. According to Giles, the border staff said she should have had both passports with her “and asked why she was travelling on her German one”.

The rules on dual-nationality have not changed, but now that the UK is not in the EU, there are strict rules on non-Brits who enter the country (and vice-versa) which has made it trickier for travel.

For instance, UK nationals receive a stamp in their passport when entering Schengen member states because they are only allowed to stay up to 90 days within an 180 period (unless they have a visa or residency card).

READ ALSO: Brexit: EU asks border police not to stamp passports of British residents 

People coming from the EU to the UK can generally visit as a tourist for up to six months without a visa – but are not allowed to carry out any work while there.

So which passport should you show?

The first thing to be aware of is there are no specific rules on travelling with more than one passport. 

Travellers can choose to use whichever passport they prefer when going to a country. 

But one thing to note is that it’s worth using the passport that is best suited to your destination when travelling there. Each country has its own set of immigration and visa rules that you’ll need to research closely.

It could be that one passport is better suited for your trip – and you may be able to avoid visa requirements.  

READ ALSO: How powerful is the German passport?

In the case of the UK, many people are still getting to grips with the different rules that apply because it’s not in the EU anymore.

A question submitted to the Secretary of State for the Home Department in September 2021 provided some insight into this issue. 

The question from Labour’s Paul Blomfield asked what steps the UK government “is taking to enable dual UK and EU citizens to travel to the UK on an EU member state passport without having to further prove their UK citizenship?”

The Conservatives Kevin Foster said: “Border Force Officers examine all arriving passengers to establish whether they are British citizens, whether they require leave to enter or if they are exempt from immigration control.

“Where the passenger claims to be British, but does not hold any evidence of British citizenship, the officer will conduct all relevant checks to satisfy themselves the passenger is British.

Border control at Hamburg airport.

Border control at Hamburg airport. Photo: picture alliance/dpa | Christian Charisius

“When dual nationals who are eligible to use e-gates travel to the UK, they will enter via the e-gates without being examined by an immigration officer.

“We recommend all dual nationals, including EU citizens, travel on their British passport or with evidence or their British citizenship to minimise any potential delay at the border or when commencing their journey.”

The Local contacted the UK Home Office to ask if there was any official advice. 

A spokesman said: “An individual can present whichever passport they desire to enter the UK, however they will be subject to the entry requirements associated with the nationality of the passport they present.”

They said anyone who is looking for more information should check out guidance on entering the UK and on dual nationality.

In short, if you present a German passport on entry to the UK you will be treated the same as any other German citizen – which can include being quizzed about your reasons for visiting the UK – as border guards have no way of knowing that you are a dual-national. 

Do I have to carry both passports?

There’s no rule requiring you to have both passports, but you won’t get the benefits of a British passport (entry into the UK without questions) if you don’t show it.

Likewise if you are a French-British dual national and you enter France on your UK passport, you will need to use the non-EU queue and may have your passport stamped.

Should I think about anything else?

An important thing to remember is that if you apply for a visa and register your passport details, the same passport has to be used to enter the country. 

It could also make sense to travel with both passports, just in case. 

However, note that some countries – like the US – require that US nationals use a US passport to enter and leave the States even if they are dual nationals. 

In general, it’s best to use the same passport you entered a country with to depart.

The rules and systems are different depending on the country. But many countries require people to show their passport when leaving – and they will either stamp or scan the passport – this is how authorities know that a foreign visitor hasn’t overstayed their time in the country. 

So if your passport is checked as you leave the UK, you should show the one you arrived with, just to ensure there is a record of you arriving and leaving.

However as you enter France/Germany/other EU destination, you can show your EU passport in order to maximise the travel benefits of freedom of movement.

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