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Spouse Visa or Partner Visa (Overseas application) for Partners of EEA or Swiss Citizens, under rules before Brexit (EEA Regulations)

For ease of reference, we will call this visa as "Overseas EEA Regulations - 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 exceptions below) and wish to join/accompany/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 outside the UK. In order to apply, the following requirements must be met:

Sponsor must:

  • be a EEA or Swiss national (not a British Citizen, except those who have obtained British Citizenship by exercising EEA Treaty Rights in the UK & continue to hold their EEA Nationality) and

  • either already be living in the UK and exercising EEA Treaty Rights (working, self employed, studying, self sufficient, etc.) in the UK

  • or already be living in the UK and hold Permanent Residence in the UK

  • or be travelling with the Applicant to the UK within 6 months from the date of this application

Overseas EEA Regulations 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 Overseas EEA Regulations 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 from outside the UK​

 

Duration/Validity of the Overseas EEA Regulations Spouse or Partner Visa:

  • This visa is given for 6 months in the form of a Visa Vignette (stamped on the passport)

 

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 2 to 3 weeks, i.e. about 10 to 12 business days from the date of the Biometric enrolment appointment, to process the application 

 

Extending your Visa:

Once you receive this visa, you should travel to the UK as soon as possible, latest before the expiry of the visa. Once you are in the UK, you should apply for the Long term 5 year visa as soon as possible, please click here for more details about the 5 year visa

 

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