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British decision Your non-EU spouse and kids

British decision Your non-EU spouse and kids

British choice to invoke Article 50 for the TEU: extra information

If you’re hitched or in a subscribed partnership by having an EU resident (in this instance, a resident through the 28 EU member states + Iceland, Liechtenstein and Norway.) that is living, working, learning or searching for a work in a EU country different from the main one they come from, EU rules allow it to be simpler for you to join them here. The information and knowledge with this web web page is applicable and to kiddies and grandchildren joining their EU family ?abroad.

You haven’t lived together in another EU country before, only national rules will apply to your situation if you want to join your EU spouse or registered partner in their country of origin and.

If you should be in a same-sex marriage and you go on to another EU nation, your host nation must recognise your residence legal rights. This rule is applicable regardless if same-sex marriages aren’t recognised within the host nation.

Check always just just what liberties you’ve got together with procedures you might have to follow based on your circumstances:

Select a predicament

Some EU nations treat civil and authorized partnerships within the way that is same they treat maried people. In this situation, you need to check out the relevant residence legal rights and conditions for non-EU partners.

Other EU nations usually do not recognise civil and partnerships that are registered being comparable to wedding. In this instance, you need to look at the residence that is applicable and conditions for any other non-EU family relations.

Know about the recognition of civil partnerships in European countries.

In cases like this, just immigration that is national use. To learn more, contact the immigration authorities into the relevant EU country.

You can join your spouse in the EU country where they live if you are a non-EU citizen married to an EU citizen.

Remaining abroad for up to a couple of months

In the event that you remain for under a couple of months, all that’s necessary is a legitimate passport as well as an entry visa with regards to the nation you may be from.

Before you leave, seek the advice of the consulate associated with nation you will if you’d like an entry visa, and when therefore, the length of time it will require to have it.

Remaining abroad for over a few months

You have to apply for a residence card and report your presence to the relevant authorities if you are staying for longer than 3 months in your spouse’s host country.

Residence card

You need to submit an application for a residence document with all the authorities in your host EU country (frequently the city hallway or police that is local) within three months of showing up.

Reporting your existence

Some EU nations need you to report your existence to your appropriate authorities within a period that is reasonable arrival. You may want to spend a superb in the event that you neglect to report your existence on time.

Before going to your host EU nation, please check out the deadlines and appropriate conditions for reporting your existence with all the nationwide authorities.

You need to carry you at all times to your passport.

In some EU nations, you will be fined or temporarily detained you cannot be forced to return to your home country for this reason alone if you leave your passport at home, but.

When your EU spouse is an employee

In the event the EU partner is legitimately used in another EU nation, it is possible to remain there using them and never having to meet any conditions.

In case your EU spouse is really a pensioner

In case your EU spouse is just a pensioner staying in another EU nation, you can easily remain here they have sufficient income to live without needing income support and comprehensive health insurance for the whole family in that country with them if.

When your EU spouse is really a pupil

When your EU spouse is really a learning pupil staying in another EU nation, you are able to stick with them should they:

  • are signed up for an approved educational establishment
  • have actually enough earnings to aid your family that is whole without earnings help
  • have actually comprehensive medical insurance for the family that is whole in nation

What goes on to your residence legal rights if the partner dies?

In the event that you had been living lawfully in another EU country and your EU spouse died before acquiring permanent residence here, you may possibly remain in the event that you have been living here for at the least one year before they passed away.

To help you to keep, you need to additionally meet up with the exact same conditions for residence as EU nationals.

Check out the conditions and formalities for:

What goes on to your residence liberties if you divorce your partner?

Before they acquired permanent residence in their host country (which usually requires them to have lived there for 5 years) – you may stay if if you divorce your EU spouse:

  • you have got been living here for at the very least 12 months, and
  • your wedding lasted for at the very least three years before divorce or separation procedures started

You may also stay when you have:

  • custody of one’s child(ren) or
  • just the right to see your small child(ren), so long as the court ruled that such access needs to be within the host EU nation

When it comes to your right of use of a minor youngster, you can easily remain in the host EU country as long as this will be needed.

In order to remain, you have to meet with the conditions that are same residence as EU nationals. Look at the conditions and formalities for:

Equal therapy

Through your remain you need to be addressed into the way that is same nationals of the host nation, particularly regarding use of employment, pay, benefits, usage of work and enrolment in schools.

Also if you’re remaining as being a tourist, you mustn’t, as an example, need to pay more whenever visiting museums or purchasing transportation seats.

You and your family income support for your first 3 months in that country if you are a spouse of a pensioner, some EU countries may decide not to grant.


Your brand-new nation can, in exemplary instances, opt to deport you on grounds of general general general public policy, general general public safety, or general public wellness – but just that you represent a serious threat if it can prove.

The deportation choice should be fond of you on paper. It should state most of the good reasons for deportation and specify tips on how to charm and by whenever.

Permanent residence

You get the right of permanent residence for those who have lived legitimately in your host EU nation for 5 constant years.

After that you can remain so long as you want even though you do not work and need income help. You really need to enjoy the rights that are same advantages and benefits as EU nationals.

Your continuity of residence just isn’t suffering from:

  • short-term absences (not as much as a few months a 12 months)
  • longer absences just in case of compulsory army solution
  • one lack of asian women a maximum of 12 consecutive months for crucial reasons such as for example maternity and childbirth, serious infection, work, vocational training or a publishing to a different nation.

You are able to lose your straight to residence that is permanent you reside outside of the country for longer than 2 consecutive years.

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