If you are a British citizen or have UK settled status and are planning to marry an EU citizen in the UK, it will be important to understand the immigration status of your new spouse. Getting married to an EU citizen in the UK used to be a relatively straightforward affair from an immigration perspective. But post-Brexit, the landscape has shifted dramatically, with the end of EU freedom of movement and the introduction of a complex system of visa rules, deadlines and compliance risks.
Choosing the right route depends on your long-term plans and your partner’s immigration status. Getting the application wrong can delay your plans, or worse, lead to refusals or future UK immigration complications.
The following guide provides an overview of the position for UK and EU nationals getting married in the UK, including the rules relating to UK residence for your new spouse post-Brexit.
Does my EU fiancé(e) need a UK visa to get married in the UK?
If your fiancé(e) is not a British citizen and does not hold indefinite leave to remain in the UK (for example, through EU settled status), they will need a visa to get married here.
Since the end of EU free movement on 1 January 2021, EU citizens are subject to the same UK immigration rules as non-EU nationals. This means anyone coming to the UK to marry must apply under one of the following visa routes, depending on their circumstances:
Marriage visit visa
The marriage visit visa is for individuals who wish to come to the UK solely to get married or enter into a civil partnership, with no intention of staying after the ceremony. It is a short-stay visa, usually valid for up to six months, and does not permit work, study or settlement. This visa must be applied for from outside the UK, and the couple is expected to leave the country after the wedding. It is not a route to permanent residence.
Spouse visa
Spouse visa also known as a ‘family visa’, is for partners of British citizens or individuals who are settled in the UK, have refugee status or humanitarian protection. It applies to spouses, civil partners and long-term cohabiting partners. This visa allows the applicant to live and work in the UK and can lead to settled status after five years. Applicants must meet the financial requirement, prove a genuine relationship, and satisfy English language criteria. It can be applied for from abroad or, in some cases, from within the UK.where the applicant’s partner (eg spouse, civil partner, unmarried cohabiting) is a British citizen, settled in the UK, has refugee status or humanitarian protection in the UK.
EU Settlement Scheme (EUSS) Family Permit
An EUSS family permit allows eligible family members of EU, EEA or Swiss citizens with settled or pre-settled status in the UK to join or accompany them. It is a free visa intended for those whose relationship with the EU citizen began before 31 December 2020. The permit is usually valid for six months, during which time the applicant can enter the UK and apply for pre-settled status if eligible. It is not a settlement visa on its own, but it facilitates lawful entry into the UK under the EU Settlement Scheme rules.
UK fiancé visa
A fiancé visa is needed when a non-UK national, including an EU citizen, intends to come to the UK to get married to a British citizen or a person with settled status, and then remain in the UK after the wedding.
The fiancé visa allows entry to the UK for up to six months with the intention of marrying during that time. Unlike a Marriage Visitor Visa, the fiancé visa is specifically designed for those who plan to settle in the UK after the marriage.
After the wedding, the applicant must apply to switch to a spouse visa from within the UK to stay long term. The fiancé visa route is subject to the same eligibility criteria as other family visas, including:
- A minimum income requirement
- Evidence of a genuine relationship
- English language ability
- Adequate accommodation
This route is not available for visitors or short-term stays. It must be applied for from outside the UK before travelling.
Can you marry in the UK on a visitor visa?
It is not permissible to get married in the UK with a standard visitor visa. If you are coming to the UK specifically to get married or enter into a civil partnership, you must apply for a Marriage Visitor Visa.
A Marriage Visitor Visa is the correct route if you plan to marry in the UK but do not intend to stay or settle here afterwards. It allows a stay of up to six months solely for the purpose of the ceremony.
Attempting to marry while on a general visitor visa could result in the ceremony being blocked, refusal of entry at the border or future immigration issues.If your intention is to marry and then remain in the UK, you will need to apply for a Family Visa (Spouse Visa) instead, which has different eligibility criteria and permits longer-term residence.
Will my EU spouse need settled status?
Whether your EU spouse needs settled status will depend on when your EU spouse started living in the UK and what their future plans are.
If your EU fiancé(e) was already in the UK by 31 December 2020, and they wish to remain with you in the UK, they should register under the EU Settlement Scheme to continue to live in the UK with lawful status. The deadline to apply for settled status was 30 June 2021.
EU citizens already resident in the UK by 31 December 2020 will not need to be married to a British citizen or someone with UK settled status to be eligible under the EU settlement scheme. Your EU fiancé(e) would have been eligible to apply in their own right, as long as they satisfy the residence requirement. EU settled status does offer a route to British citizenship, provided the individual meets the eligibility requirements for naturalisation.
If your partner moved to the UK after 1 January 2021, they are no longer eligible for the EU Settlement Scheme and will need to apply for a visa under the UK Immigration Rules, typically via the family visa route, such as the fiancé(e) visa or spouse visa to live here with you. The spouse visa requirements are strict and include meeting financial, language thresholds, and your relationship will be assessed for ‘genuineness’.
Can my EU spouse stay in the UK after the wedding?
Whether your EU partner can stay in the UK with you long term depends on their current immigration status and when they moved to the UK.
If your EU spouse was living in the UK before 31 December 2020, they may already have settled or pre-settled statusunder the EU Settlement Scheme, which allows them to stay and work in the UK lawfully.
If they moved to the UK after 1 January 2021, or entered the country on a Marriage Visitor Visa, they will not automatically have the right to remain after the wedding. In most cases, they will need to apply for a Family Visa (Spouse Visa) if they intend to stay long term.
The Spouse Visa route has specific eligibility requirements, including a minimum income threshold, proof of a genuine relationship and English language ability.
It is important to ensure the right application is made either before their current permission expires or, if they are not eligible to switch from within the UK, from outside the country. Remaining in the UK without lawful status can lead to serious immigration consequences.
Need assistance?
DavidsonMorris are specialist UK immigration advisers, helping individuals understand their UK immigration options. The end of EU free movement and wide-ranging changes to the UK Immigration Rules have impacted EU citizens in the UK. If you are concerned about your EU partner’s rights to live and remain in the UK with you, we can help. DavidsonMorris can advise on your status and any applications you need to make to ensure lawful status, including settlement options which may become available.
If you have a question about your eligibility under the spouse visa requirements or about making your spouse visa application, contact us.
FAQs
Can I still marry an EU citizen in the UK after Brexit?
Brexit has not affected the legal right to marry in the UK. However, immigration status and future residence rights may be impacted depending on your circumstances.
Does my EU partner need a visa to get married in the UK?
If your partner is not already living in the UK with a form of lawful residence, they will usually need a Marriage Visitor Visa to come to the UK for the wedding. This visa allows the marriage to take place but does not permit long-term stay or work.
Can my EU spouse stay in the UK after the wedding?
Not automatically. If your spouse wants to remain in the UK after the wedding, they will need to apply for the appropriate immigration status, such as a Spouse Visa under the UK’s family visa route.
What if my EU spouse already lives in the UK?
If your spouse was living in the UK before 31 December 2020, they may already hold settled or pre-settled status under the EU Settlement Scheme. If they moved to the UK after that date, they will need a valid visa or other immigration permission to remain.
Do we need to give notice to marry in the UK?
You must give notice at a local register office at least 29 days before the ceremony. If either of you is subject to immigration control, the Home Office may investigate the authenticity of the relationship before approving the marriage.
What happens if we don’t follow the correct visa process?
Your partner could be refused entry to the UK or denied permission to stay after the wedding. Marrying in the UK without the correct immigration status does not legalise a person’s right to remain.
Can we marry in the UK on a visitor visa?
Not unless it’s specifically a Marriage Visitor Visa. Standard visitor visas do not permit marriage or civil partnership in the UK, and doing so could lead to immigration consequences.
What is the difference between a Marriage Visitor Visa and a Spouse Visa?
A Marriage Visitor Visa allows the wedding to take place in the UK but does not lead to settlement or grant the right to stay. A Spouse Visa is for those intending to live in the UK with their British or settled partner long term.
Do income or financial requirements apply?
To apply for a Spouse Visa, you will usually need to meet the minimum income requirement set by the Home Office. This ensures that you can financially support your partner without relying on public funds.
Is marrying an EU citizen a fast-track to UK residency?
Marriage to an EU citizen does not automatically grant immigration rights. Your partner must apply under the appropriate immigration route and meet all relevant criteria.
Glossary
| Term | Definition |
|---|---|
| EU Citizen | A national of a European Union member state who holds citizenship of that country. |
| Brexit | The United Kingdom’s departure from the European Union, which formally ended free movement rights for EU citizens on 31 December 2020. |
| EU Settlement Scheme (EUSS) | A UK Government scheme allowing EU, EEA and Swiss citizens living in the UK before 31 December 2020 to apply for immigration status. |
| Settled Status | Immigration status granted to individuals under the EU Settlement Scheme who have lived in the UK continuously for five years. |
| Pre-settled Status | Temporary status under the EU Settlement Scheme for those with less than five years’ continuous residence. It can later be upgraded to settled status. |
| Family Visa | A visa that allows non-UK residents to join family members in the UK. This includes spouses and partners of EU or British citizens. |
| Marriage Visitor Visa | A visa for individuals coming to the UK to get married or enter into a civil partnership, without intending to stay in the UK long term. |
| Giving Notice | The legal process of informing a local register office of an intention to marry or enter a civil partnership in the UK. |
| Right to Work | The legal permission for an individual to take employment in the UK, subject to holding the correct immigration status. |
| Immigration Control | Government measures that regulate the entry, stay and work rights of non-UK nationals in the country. |
| Financial Requirement | The minimum income threshold or savings needed to sponsor a partner or spouse under the UK family visa route. |
| Overstayer | An individual who remains in the UK beyond the expiry of their visa or leave to remain, without legal immigration status. |
| Home Office | The UK Government department responsible for immigration, security and law and order, including visa and nationality applications. |
| Switching | The process of changing from one UK visa type to another while still in the country, subject to eligibility and immigration rules. |
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
