EU spouses of Brits have NO right to reside in UK

Hello everybody,

Back to writing, albeit with a brief article, about EU spouses of British citizens. Apparently, the amount of misinformation about this topic is so staggeringly high, that it doesn’t matter how much we try to spread the correct info online or on papers, several myths keep enduring.

You just need to read a few articles or comments about and from EU citizens to understand that the stupid legend (not even a myth anymore!) of getting permanent residency/citizenship through marriage is still alive and kicking.

Well, please take note once and for all (repeat it about 200 times too):

EU SPOUSES OF BRITISH CITIZENS HAVE NO AUTOMATIC RIGHT TO RESIDE ONLY BASED ON MARRIAGE

Let alone citizenship!! How is it possible that 15 months on from the referendum we still have EU citizens believing this?!?! This point is even CLEAR IF YOU JUST GOOGLE IT:

marriage Brit citiz

(Yes, the second part only pertains to non-EU citizens, but the first sentence is a principle that is valid for everyone!!!)

In UK, a EU citizen who wants to apply for British Citizenship needs to be granted a PR (Permanent Residence) card first. This is done regardless of marriage to a British citizen. Then they have to wait for one year and at that point they can apply for British citizenship. EU spouses of Brits do not have to wait for one year. It is the only exemption!

In terms of entitlement to a PR (which, at this point, is completely useless to do unless you want to apply for British citizenship), Colin Yeo at freemovement.org explains it better than I could ever do, as he’s a lawyer and I’m an archaeologist/historian, so not my field at all!

https://www.freemovement.org.uk/position-eu-spouses-british-citizens-following-brexit/

Please take note of this too:

3. Many EU citizens may benefit from comprehensive sickness insurance by virtue of reciprocal arrangements between the UK and the person’s home Member State but the UK will not reveal any detail of such arrangements and forces every individual to approach his or her own Member State for proof.

The CSI issue has never been resolved and if you have a look at the last negotiation paper between UK and EU, there is no agreement about it yet.

Sorry for being boring, annoying and extremely pedant about this topic, but I still find on social media people who seem surprised of this. There’s not even much info if you google it and it is mainly about non-EU citizens, as Brexit hasn’t happened yet (but it may well could soon!):

no right to reside

However a few papers do point this fact out:

CSI

From: http://www.independent.co.uk/news/world/europe/brexit-latest-eu-national-right-to-live-uk-theresa-may-panic-a7602191.html

‘who do not have CSI’, the majority of all those EU stay-at-home mums and spouses and those who are/were students do NOT have CSI, because it was never brought up in the first place before the referendum. I’ve spent all my university years without CSI, which means I’d be eligible for a ‘right to reside’ at the beginning of 2022. What do you think, should I pack my suitcases already? 😉

Merlin

 

Photocredits header: picture from the Mirror UK

Advertisements