European Law & Marriage Visa

Under European rules, European nationals have the right to live in the UK as long as they are seen as ‘qualified’, or have a permanent residence.

If you are a visa national (Someone that needs a visa to live in the UK) in a relationship/ or married to an EU national, then you will have to apply to the UK Government under European law.

This means applying either for entry to the UK (Entry clearance) if you are not yet in the UK, or applying for permission to remain in the UK, is already here.

In This Article:

• Entry Clearance
• In-country Applications
• Unmarried Partners
• Married Partners

It is not possible to apply for a Fiancé visa to come to the UK to marry under EU law – and therefore the issue of a residence permit for entry clearance to come to the UK is only be possible for people already married to an EU national.

Therefore people who are not yet married and who are outside of the UK would have to marry first to obtain a residence permit or seek entry under the UK Immigration rules as a fiancé.

However, anyone already married to an EU national WILL have a RIGHT to come to the UK, providing that they can show that their EU spouse is exercising treaty rights in the UK, or is going to the UK to exercise treaty rights. i.e. to work, study, be self-employed or is self-sufficient.

This area of law is complex and anyone applying under this route will be granted a six-month residence card to enter the UK – and have to make a second application once in the UK to be issued a 5-year residence permit.

Anyone issued a residence permit will have the right to work or study in the UK.

If you are already in the UK, either married OR in a relationship (Unmarried partner) with an EU national you can make an application for a residence card – even if you currently have no permission to be in the UK.

If you are not married – you will be an extended family member of an EU national, whereas if you are married you are the Direct family member of the EU national. The residence card that you would receive is the same, but there are differences in regards to the initial application as a person applying as an extended family member (unmarried partner) has to wait for a decision before getting work permission, whereas a person already married will be issued work permission at the time of applying for a residence card – 6 months before a decision in the case.

Also, the law provides rights to people married if the marriage fails, being a retained right of residence, whereas unmarried partners have no recourse to claiming rights to remain in the marriage fails.

The law under the EU regulations regarding unmarried partners differs to that of UK Immigration law, in that while UK Immigration rules require that unmarried partners have to be living together for two years as if married, whereas EU law, by comparison, requires that you demonstrate durability.

The question of what amounts to a long-lasting relationship is a question of fact – and we have successfully represented many applications with relationships much shorter than two years.

Also, the EU partner has to be exercising treaty rights (working, studying etc.).

As unmarried partners cannot claim to have the right to remain (as they are not a DIRECT family member) when an application is submitted you will not be given the right to work in the UK until the residence card is issued. Applications take on average six months to be decided.

A person successful in an application for a residence card will be issued a 5-year residence card.

After five years a person can apply for a permanent residence card.

The law under EU regulations regarding married partners differs vastly from the law pertaining to British nationals.

The only requirement for the issue of a residence card under regulations is that the EU national is a qualified person (Exercising treaty rights) or has permanent residence and that the marriage is genuine.

A person successful in an application for a residence card will be issued a 5-year residence card.

After five years a person can apply for a permanent residence card.