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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:

  • be either a EEA or Swiss national

       or

  • a dual British plus EEA/Swiss national & has lived in the UK before getting British Citizenship 

       and;​

  • be already be living in the UK 

Brexit Spouse or Partner Visa Requirements:

  • Relationship Requirement - Your relationship must be genuine and subsisting on the date of the application

  • Age Requirement - You and your Spouse must be at least 18 years of age

  • 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

  • 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

  • You and your Spouse/Partner must have met each other in person

  • You must intend to live together with your Spouse/ Partner in the UK

  • 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:

  • 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:

  • You can apply from inside the UK​

 

Duration/Validity of the Brexit Spouse or Partner Visa:

  • 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:

  • You can work in the UK without any restrictions. You may establish a business or accept offers of employment without requiring a work permit.

  • You can receive public funds to assist you/your dependants with your/your dependants living and accommodation costs.

  • 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

 

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