EU Residents Permit - Family Permit - Marriage - De facto

A non-EU citizen married to an EU citizen who is present and settled in the UK, or being settled on the same occasion must apply to a British Embassy, or British Mission in their country of origin for Entry Clearance as the married spouse of an EU citizen, before embarking for the UK. Immigration in this visa category is valid from six months up to twelve months at the Entry Clearance Officer's discretion, and allows the non-EU spouse to work on arrival to the UK, then apply for a 5 year Family Permit within the period approved by the ECO. Call our consultants for up to date advice.

If you are currently residing in the UK you may apply for the 5 year Family Permit in country, provided your spouse/partner holds a current Residence Permit. If the EU spouse/partner does not hold a current Residence Permit a joint application would be made to the Home Office for a Residence Permit (for the EU spouse/partner) and a 5 year Family Permit (for the non-EU spouse/partner).

Although it is possible for an EU national to live and reside in the UK without obtaining a visa, or work permit, they must obtain a Residence Permit in order for their spouse to remain legally with them in the UK.

An application for a Residence Permit and a 5 year Family Permit may be submitted anytime during the life of the Entry Clearance. If you were married in the UK this application may be lodged once you are married.

Once you have been issued with the 5 year family permit you may remain in the UK for a period of 5 years, be permitted to work freely, and exit and enter as you wish.

In the final month of the fourth year of the visa, provided your marriage still subsists, it may be possible to apply for Indefinite Leave to Remain whereby immigration control no longer applies as you will be considered a permanent resident. Call our consultants for up to date advice.

Both the EU citizen and non-EU spouse may apply for permanent residence. After spending a further 12 months on this visa you may apply to Naturalise as a British citizen, if you meet the required criteria. With regard to Unmarried Partners of EU citizens, an application may be lodged on the basis of their de facto relationship, provided the requirements are met.

You must be able to provide evidence to show that you have been living with your partner in a relationship 'akin' to marriage for at least 2 years, regardless of where you have been residing.

Once you have been issued with an Unmarried Partners Visa you may remain in the UK for a period of 2 years and be permitted to work freely, and exit and enter through UK Immigration as you wish.

On completion of the 2 years, provided your relationship still subsists, an application for an extension of a further 3 years may be lodged.

Our consultants are trained to provide UK immigration advice under the authority of the Office of the Immigration Services Commissioner (OISC). Our consultants may provide you with the advice however they may charge for a one to one consultation meeting.