scrubbedexpat0105

G-J-B,

You need to get away from this concept of an "EU spouse" from a UK perspective.

During the transitional period, the focus has been on future rights for EU citizens who are already in the UK. There has been a lot of discussion about that.

However, for those who enter the UK after the transitional or cut-off period, there is no longer any such thing as an "EU spouse". They are all simply foreign spouses, whether American, Pakistani, French, whatever.

If a foreign spouse's visa expires, he or she is deported. This has been happening for many years (the significant change in legislation was in 2012) and there are plenty of documented cases.

If the couple have children who are British citizens, an appeal to the courts for a right to a family life is stronger. This does not however stop the Home Office from doing all it can to deport the non-British parent. Significant numbers of families are affected - sufficient numbers for terms like "Skype family" and "computer mummy" to have entered the language.

G-J-B

I do understand that an EU spouse/partner would be treated and regarded the same as a non-EU one from a UK perspective, but I say 'EU' because they would still be from the 'EU' even though they would have no more additional rights.

Having read one or two stories about the windrush scandal, it's clear the UK has a very belligerent stance on immigration in general.

G-J-B

I'm not sure I can post links, so I'll refrain from doing so, but there's an article in today's Guardian entitled: "'It's impossible': how Brexit has left British families unable to return to the UK", and addresses a number of people who are caught up in this mess.

spouse of scouse

Here it is https://www.theguardian.com/world/20...turn-to-the-uk

G-J-B

Thanks spouse of scouse.
"Up to 40% of Britons in dual-national relationships likely to want to return, fear they do not fulfil the income requirement"

I'm in exactly this boat, the only difference being is that I don't plan on returning now or in the future, but still, I do not have a crystal ball, and it feels like we got robbed of a basic right. If you move to a country like Australia or Thailand for example, get married, then you know what the deal is if you ever wanted to live in the UK as a family. I think none of us moving to an EU country and marrying someone of EU nationality, ever thought our right to return might actually be hampered in this way. I'm pretty sure I wouldn't cut the mustard if we ever wanted to move there as a family.

spouse of scouse

I understand what you're saying and I know it's not a contest, but British citizens who moved to non-EU countries such as Australia and Thailand before July 2012 were put in exactly the same position. At the time they went to live in another country, UK immigration rules allowed them to return to the UK with their foreign spouse with relative ease. There was no minimum income requirement and their spouse would be considered permanently settled either immediately (if they'd been married for over 4 years) or in a maximum of two years.

They didn't have a crystal ball either and couldn't have forseen the drastic changes in immigration law that is keeping them from returning to the UK with their families to this day.

scrubbedexpat077

Project fear!

spouse of scouse

Not sure what you mean by that, could you elaborate a bit?

G-J-B

I wasn't aware of that. History repeating itself.

Nand

The reasoning behind why its been made so much more difficult to return to one's home country are unclear to me. I doubt if its a punishment for marrying a foreign person.

Sometimes I get the idea that government jobs are incredibly boring. So much so that inventing complications and committees and making more offices and desks and more paper work and more funding needing to be found for all that makes them just that much more happy in their work, poor souls.

cyrian

The reason for tightening the rules was to prevent "marriages of convenience".
An example would be that a UK citizen would agree to "get married" - for a financial payment - to someone wishing to enter the UK as a "spouse".
The marriage would be a total sham and the immigrant would gain legal entry into the UK which would otherwise not be possible.
This is an example of people who bend the rules spoil it for genuine couples.

EuroTrash

I remember the film about this https://en.wikipedia.org/wiki/Green_Card_(film)
- good film as I recall (but then Gérard Dépardieu used to make be go all unnecessary)