British decision Your spouse that is non-EU and

British decision Your spouse that is non-EU and

British decision to invoke Article 50 for the TEU: more info

For you to join them there if you are married or in a registered partnership with an EU citizen (In this case, a citizen from the 28 EU member states + Iceland, Liechtenstein and Norway.) that is living, working, studying or looking for a job in an EU country different from the one they come from, EU rules make it easier. The information and knowledge on this web page is applicable and to young ones and grandchildren joining their EU family ?abroad.

If you’d like to join your EU spouse or registered partner inside their nation of beginning along withn’t resided together in another EU country before, only national rules will affect your position.

You move to another EU country, your host country must recognise your residence rights if you are in a same-sex marriage and. This guideline is applicable even in the event same-sex marriages aren’t recognised into the host nation.

Always check just exactly what legal rights you’ve got as well as the procedures you might want to follow based on your circumstances:

Choose a scenario

Some EU nations treat civil and authorized partnerships into the way that is same they treat married people. In this situation, you need to look at the residence that is applicable and conditions for non-EU partners.

Other EU nations try not to recognise civil and partnerships that are registered being equal to wedding. In this situation, you really need to look at the relevant residence liberties and conditions for any other non-EU family relations.

Learn about the recognition of civil partnerships in European countries.

In this situation, just nationwide immigration rules use. To find out more, contact the immigration authorities when you look at the relevant EU country.

If you should be a non-EU resident hitched to an EU citizen, you are able to join your partner in the EU nation where they reside.

Remaining abroad for as much as a few months

In the event that you remain for under a few months, all that’s necessary is a legitimate passport as well as an entry visa with regards to the nation you might be from.

If you need an entry visa, and if so, how long it will take to get it before you leave, check with the consulate of the country you are going to.

Remaining abroad for over a couple of months

You have to apply for a residence card and report your presence to the relevant authorities if you are staying for longer than 3 months in your spouse’s host country.

Residence card

You have to make an application for a residence document using the authorities in your host EU country (frequently the city hallway or regional authorities station) within a few months of showing up.

Reporting your presence

Some EU nations need you to report your existence to your appropriate authorities within a period that is reasonable arrival. You may have to pay an excellent in the event that you fail to report your existence on time.

Before going to your host EU nation, please look at the deadlines and appropriate conditions for reporting the national authorities to your presence.

You really need to carry you at all times to your passport.

In some EU nations, you will be fined or temporarily detained you cannot be forced to return to your home country for this reason alone if you leave your passport at home, but.

When your EU spouse is an employee

If the EU partner is legitimately utilized in another EU nation, you can easily remain here together with them and never have to fulfill any conditions.

In case your EU spouse is really a pensioner

When your EU spouse is really a pensioner surviving in another EU nation, you are able to remain there using them whether they have enough earnings to reside without requiring earnings support and comprehensive medical health insurance for the entire household for the reason that nation.

When your EU spouse is just a pupil

In case your EU spouse is really student staying in another EU nation, you can easily stick to them should they:

  • are signed up for an approved academic establishment
  • have actually enough earnings to aid your entire household without requiring earnings support
  • have actually comprehensive medical insurance for the family that is whole in nation

What are the results to your residence legal rights in case the partner dies?

In the event that you had been living there for at least 1 year before they died if you were living legally in another EU country and your EU spouse died before acquiring permanent residence there, you may stay.

To help you to keep, you need to additionally meet with the conditions that are same residence as EU nationals.

Look at the conditions and formalities for:

What are the results to your residence legal rights if you divorce your better half?

If you divorce your EU spouse before they acquired permanent residence within their host nation (which generally requires them to own resided here for 5 years) – you might remain if:

  • you’ve got been living here for at the very least 12 months, and
  • your wedding lasted for at the least three years before breakup procedures started

You could remain for those who have:

  • custody of one’s child(ren) or
  • just the straight to see your small child(ren), so long as the court ruled that such access should be within the host EU country

When it comes to your right of access to a small son or daughter, you are able to stay static in the host EU country as long as this really is required.

To help you to remain, you have to meet with the conditions that are same residence as EU nationals. Look at the conditions and formalities for:

Equal therapy

Throughout your remain you need to be addressed when you look at the way that is same nationals of the host nation, particularly regarding use of employment, pay, advantages, use of work and enrolment in schools.

Even if you’re remaining as being a tourist, you should not, for instance, need to pay more whenever visiting museums or purchasing transportation seats.

If you should be a partner of the pensioner, some EU nations may determine not to ever give your household earnings help for the very first three months for the reason that nation.


Your nation can, in exemplary instances, choose to deport you on grounds of general public policy, general public safety, or public wellness – but just that you represent a serious threat if it can prove.

The deportation choice must certanly be directed at you on paper. It should state most of the good good reasons for deportation and specify tips on how to allure and by when.

Permanent residence

You get the right of permanent residence when you have resided legitimately in your host country that is EU 5 constant years.

Then you can remain so long if you don’t work and need income support as you want even. You need to benefit from the rights that are same advantages and benefits as EU nationals.

Your continuity of residence is certainly not afflicted with:

  • short-term absences (lower than a few months a year)
  • longer absences just in case of compulsory army service
  • one lack of a maximum of 12 consecutive months for crucial reasons such as for example pregnancy and childbirth, serious infection, work, vocational training or a posting to some other nation.

You are able to lose your directly to permanent residence if you reside beyond your country for over 2 consecutive years.


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