Five year Visa for Spouse Visa or Partner of EEA or Swiss Citizens, under new rules for Brexit
For ease of reference, we will call this visa as "Brexit Spouse/Partner Visa"
You can apply under this category if you are a national of a country outside the European Economic Area (EEA) and Switzerland and you are married to or in civil partnership with or you are cohabiting(living together) for at least immediate last 2 years with an EEA/Swiss Citizen (excluding British Citizens, see exception below) and wish to continue to live with your Spouse (Husband/Wife) or Civil Partner (CP) or Unmarried Partner in the UK.
This visa can be applied only from inside the UK. In order to apply, the following requirements must be met:
Sponsor must:
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be either a EEA or Swiss national
or
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a dual British plus EEA/Swiss national & has lived in the UK before getting British Citizenship
and;
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be already be living in the UK
Brexit Spouse or Partner Visa Requirements:
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Relationship Requirement - Your relationship must be genuine and subsisting on the date of the application
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Age Requirement - You and your Spouse must be at least 18 years of age
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If applying as Married/CP - You should have a valid and legal Marriage/Civil Partnership certificate, which is valid as per the laws of the country where the Marriage/CP was entered into
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If applying as Unmarried Partners - You should provide evidence of cohabitation(living together) with the Sponsor, in the last 2 years immediately before this application, any where in the world
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You and your Spouse/Partner must have met each other in person
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You must intend to live together with your Spouse/ Partner in the UK
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Your and your Spouse's any previous relationships must have permanently broken down (In case of previously married individuals, Final Divorce document required)
Dependants on Brexit Spouse or Partner Visa:
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You can also include your children who are under 18 years of age, to accompany you as your dependants on your Spouse/CP visa.
Where to apply from:
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You can apply from inside the UK
Duration/Validity of the Brexit Spouse or Partner Visa:
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This visa is given for 5 years in the form of a Biometric Residence Card("BRC") (a card the size of a Driving Licence)
Rights/Obligations whilst living in the UK on a Spouse Visa:
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You can work in the UK without any restrictions. You may establish a business or accept offers of employment without requiring a work permit.
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You can receive public funds to assist you/your dependants with your/your dependants living and accommodation costs.
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You are eligible to study in the UK without any restrictions
Visa Processing time:
The UKVI takes about 1 to 4 weeks from the date of the biometric enrolment appointment, to process the application. Then from the date of decision, you will receive the BRC within 5 to 10 business days.
Applying for Settlement in the UK:
If you and your Spouse/Partner continued to be in a relationship and and lived together for 5 years, then you may apply for Settlement at the end of your 5 years stay in the UK on a the Spouse/CP/Unmarried Partner visa
