Hello, I am a Russian getting married to an Italian working in the UK. Would it be difficult to get a family permit for me after the marriage considering that we have never lived together, especially in the light of Brexit? My future husband's income is higher than the legally required in the UK to sponsor a visa for a non-EU spouse. I have also completed a postgraduate degree in the UK. Thank you.
Areas of Expertise:
Thank you for your question. Family members of EU nationals wishing to come to the UK may need to go through a two-stage process. First they may have to apply for a EU Family Permit from outside the UK. An EU Family Permit will generally be issued for five years and allows the applicant to work and travel in the UK free from restrictions.
The conditions that must be met to obtain a family permit as a spouse are:
• the EU citizen who is sponsoring you must be exercising their Treaty rights in the UK (through being employed, self-Employment, in study or self- sufficient)
• you must be legally married to each other and the marriage must be recognised by the UK
• you must have met each other (this is to prevent forced marriages)
• you must intend to live together
You may then need to apply for a Residence Card as the family member of an EU citizen.
We would be happy to assist you in making your application.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration Solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our contact form.
I look forward to hearing back from you soon.
Posted on Tuesday, 20 September, 2016