Tag Archives: Family-reunification

British Citizens bringing non-EU partners in the UK : Love comes with a price tag

To bring a partner or spouse in the UK, British citizens have to show income of at least £18,600 or more if they have children – rule which does not apply to settled Europeans living in the UK.

Credits: Lena Vasiljeva
Credits: Lena Vasiljeva

Under European law, EU nationals living in the UK are allowed to bring in spouses or partners and their families from anywhere in the world, according to their country of origin immigration rules.

But for British citizens who want to bring in a husband, wife or partner and family from abroad, they must first show they have an income of £18,600 or more.

This rule was implemented in 2012 as to guarantee that dependants dot not become a burden on the UK taxpayer. Since then, many british have chosen to bypass these new rules by going to work and live in another EU country, and from there bring their spouse or partner. 

This method, known as the Surinder Singh route, involves leaving the UK and working in the EEA for about three months.

Exercising their rights under European freedom of movement, British citizens working in another country of the EU get their European citizen status taking priority over their status as a UK citizen.

Credits by BBC. http://www.bbc.co.uk/news/uk-23029195
Credits by BBC. http://www.bbc.co.uk/news/uk-23029195

This means that upon return to the UK, a British citizen is allowed to bring his/her Non-EEA spouse without having to meet the £18,600 minimum earnings requirement which applies to Britons.

Now this route comes with a little paperwork for the non-EU nationals and it has been well documented by Colin Yeo, barrister specialising in UK immigration law at Garden Court Chambers in London.

Colin produced an e-book full of hints and tips are on how to avoid problems with this route for members of the public exploring their options and for lawyers practicing in this field.

Each year around 20,000 non-European family members come into the UK this way.


Want to know more about how to bring your spouse or partner to the UK, Germany, Italy or France? Ask @migreat and go on migreat.com

Non-EU family members do not need visa to enter UK

Good news for many European migrant families with partners living in the UK: non-EU family members with a valid EU residence permit or visa can visit Britain without having to apply for a UK visa or permit according to the latest ruling from the European Court of Justice.

Family waiting their loved ones at the airport

The European Court of Justice has ruled that Britain cannot impose a blanket visa requirement on family members originally from outside Europe but who have valid EU residence rights. The ruling only covers cases where the partner from the EU – the native EU citizen – has exercised their right to free movement within the Union. Thus, if that someone still lives in their home country, their spouse is not entitled to free movement.

This decision was made after the case of McCarthy who contested UK insistence on a family permit or visa, valid for six months, for his wife, Helena, every time they visit Britain. The couple have two children, both British nationals. The ECJ decided that Helena McCarthy’s Spanish residence card entitled her to travel to Britain without first obtaining a UK visa in Spain.

More information on UK Family visa requirements can be found on Migreat.co.uk and Migreat.com.