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    British decision Your spouse that is non-EU and

    British choice to invoke Article 50 for the TEU: additional information

    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 info with this web web page is applicable and to kiddies and grandchildren joining their EU family ?abroad.

    You haven’t lived together in another EU country before, only national rules will apply to your situation if you want to join your EU spouse or registered partner in their country of origin and.

    If you should be in a same-sex wedding and also you go on to another EU nation, your host nation must recognise your residence liberties. This guideline is applicable even though same-sex marriages are not recognised into the host nation.

    Always check exactly just just what liberties you have got additionally the procedures you might have to follow according to your circumstances:

    Select a predicament

    Some EU nations treat civil and subscribed partnerships when you look at the way that is same they treat married people. In cases like this, you need to check out the residence that is applicable and conditions for non-EU partners.

    Other EU countries don’t recognise civil and subscribed partnerships as being comparable to wedding. In this situation, you ought to look at the residence that is applicable 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.

    You can join your spouse in the EU country where they live if you are a non-EU citizen married to an EU citizen.

    Remaining abroad for approximately a few months

    In the event that you remain for under three months, all that’s necessary is a legitimate passport plus an entry visa according 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 longer than a couple of months

    If you’re remaining for extended than three months in your partner’s host country, you must submit an application for a residence card and report your existence towards the appropriate authorities.

    Residence card

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

    Reporting your existence

    Some EU nations need you to report your existence towards the appropriate authorities within a period that is reasonable arrival. You might want to spend an excellent in the event that you are not able to report your existence on time.

    Before going to your host EU nation, please look at the due dates and appropriate conditions for reporting your presence because of the nationwide authorities.

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

    In some EU nations, you can 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 used in another EU nation, it is possible to remain here together with them and never have to satisfy any conditions.

    When your EU spouse is just a pensioner

    When your EU spouse is just a pensioner located in another EU country, you’ll remain here they have sufficient income to live without needing income support and comprehensive health insurance for the whole family in that country with them if.

    In case your EU spouse is really a pupil

    When your EU spouse is really a learning pupil staying in another EU nation, you are able to stick to them should they:

    • are signed up for an approved establishment that is educational
    • have actually enough earnings to aid your family that is whole without earnings help
    • have actually comprehensive medical health insurance for the family that is whole in nation

    What goes on to your residence legal rights in case the partner dies?

    If 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.

    In order to keep, you need to also 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 liberties if you divorce your better half?

    Before they acquired permanent residence in their host country (which usually requires them to have lived there for 5 years) – you may stay if if you divorce your EU spouse:

    • you’ve been residing here for at the least 12 months, and
    • your wedding lasted for at the least 36 months before divorce or separation proceedings started

    You’ll be able to remain when you have:

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    • custody of the child(ren) or
    • just the right to see your small child(ren), so long as the court ruled that such access should be into the host EU nation

    When it comes to your right of use of a child that is minor you are able to stay static in the host EU country so long as that is needed.

    In order to keep, you have to meet up with the conditions that are same residence as EU nationals. Look at the conditions and formalities for:

    Equal therapy

    Throughout your remain you ought to be addressed in the in an identical way as nationals of the host country, notably regarding use of employment, pay, advantages, usage of work and enrolment in schools.

    Also you shouldn’t, for example, have to pay more when visiting museums or buying transport tickets if you are staying as a tourist.

    You and your family income support for your first 3 months in that country if you are a spouse of a pensioner, some EU countries may decide not to grant.

    Deportation

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

    The deportation choice should be provided to you written down. It must state all of the good cause of deportation and specify ways to impress and by whenever.

    Permanent residence

    You find the right of permanent residence when you yourself have lived legitimately in your host EU nation for 5 constant years.

    Then you’re able to remain so long as you want even although you do not work and require earnings help. You ought to take pleasure in the exact same liberties, advantages and advantages as EU nationals.

    Your continuity of residence just isn’t impacted by:

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

    It is possible to lose your directly to permanent residence if your home is beyond your country for over 2 consecutive years.