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UK National settling in France with non-EU spouse during transition period

UK National settling in France with non-EU spouse during transition period

Old Feb 1st 2019, 9:53 am
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Default UK National settling in France with non-EU spouse during transition period

Good Morning from London,
I have a question that I'm having a few issues achieving clarity with. I'm a UK national (by birth) and I'm considering re-locating to an EU state (most likely France) to study at postgraduate level in 2020. I'm married to a Brazilian national who is in the UK on a UK-issued spouse visa.

Let's imagine the UK leaves the EU under the withdrawal agreement currently proposed by Brussels. There is a lot of guidance that states within the transition period, UK nationals could still reside in an EU state. However, would the current pre-Brexit provisions continue to apply within this transition period and allow a non-EU spouse to also reside with the same rights as currently apply?

I know this is fluid and constantly subject to change (and that the agreement hasn't even been accepted by the UK yet!) but if anyone has clarity on this point, it would be very much appreciated.

Many Thanks in advance.
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Old Feb 1st 2019, 9:57 am
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Default Re: UK National settling in France with non-EU spouse during transition period

Originally Posted by sitheguy
Good Morning from London,
I have a question that I'm having a few issues achieving clarity with. I'm a UK national (by birth) and I'm considering re-locating to an EU state (most likely France) to study at postgraduate level in 2020. I'm married to a Brazilian national who is in the UK on a UK-issued spouse visa.

Let's imagine the UK leaves the EU under the withdrawal agreement currently proposed by Brussels. There is a lot of guidance that states within the transition period, UK nationals could still reside in an EU state. However, would the current pre-Brexit provisions continue to apply within this transition period and allow a non-EU spouse to also reside with the same rights as currently apply?

I know this is fluid and constantly subject to change (and that the agreement hasn't even been accepted by the UK yet!) but if anyone has clarity on this point, it would be very much appreciated.

Many Thanks in advance.
Will your spouse have UK ILR or citizenship by the time of your proposed move to France? If not, she needs to be living in the UK with you in order to fulfil the conditions of her UK spouse visa, Brexit won't change that.
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Old Feb 1st 2019, 10:04 am
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Default Re: UK National settling in France with non-EU spouse during transition period

Next year, she will be 3 years into a UK spouse visa, which needs extending in January 2020 (I believe that would be considered FLR). She's living here under that but has not reached the the length of time for ILR/citizenship yet.
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Old Feb 1st 2019, 10:25 am
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Default Re: UK National settling in France with non-EU spouse during transition period

Originally Posted by sitheguy
Next year, she will be 3 years into a UK spouse visa, which needs extending in January 2020 (I believe that would be considered FLR). She's living here under that but has not reached the the length of time for ILR/citizenship yet.
Your wife can generally spend up to six in twelve months outside the UK without adverse effects on her UK spouse visa status, but not more than 450 days over the 5 year period required to obtain Indefinite Leave to Remain (ILR), and not more than 90 days in the final (5th) year before she applies for ILR and British citizenship.
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Old Feb 1st 2019, 10:27 am
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Default Re: UK National settling in France with non-EU spouse during transition period

Hi,
Some EU countries have different rules for non-EU citizens.
You would need to check but I think that Spain is more welcoming to Brazilian nationals.
Ireland also has an arrangement with a South American country (can't remember which) about a right to remain.
HTH
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Old Feb 1st 2019, 10:43 am
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Default Re: UK National settling in France with non-EU spouse during transition period

Under current rules, I (currently an EU citizen) can move to another EU state and my non-EU spouse can reside there, as per h ttps://europa.eu/youreurope/citizens/residence/family-residence-rights/non-eu-wife-husband-children/index_en.ht (add m on the end for a functional URL).

The question is more along the lines of whether this will still apply for UK nationals and non-EU spouses during the theoretical transition period should a deal same/similar to the one the EU proposed go ahead.
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Old Feb 1st 2019, 10:44 am
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Default Re: UK National settling in France with non-EU spouse during transition period

Originally Posted by spouse of scouse
Your wife can generally spend up to six in twelve months outside the UK without adverse effects on her UK spouse visa status, but not more than 450 days over the 5 year period required to obtain Indefinite Leave to Remain (ILR), and not more than 90 days in the final (5th) year before she applies for ILR and British citizenship.
If you would like to get some more advice regarding the effect moving to France prior to ILR would have on your wife's UK spouse visa, you can post the question here https://britishexpats.com/forum/citi...-visas-uk-196/ Just suggesting this so as to avoid that issue getting mixed up with the related but separate one of a UK citizen living in France with their non-EU spouse during the Brexit transition phase. Best of luck!
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