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DEALING WITH BREXIT

EXPLAINED: What Brits with EU partners need to know about returning to live in UK

While many of the 1.2 million Brits living in the EU have no immediate plans to return to the UK, circumstances can change. For those who have non-British partners heading home on a long-term basis could be more difficult than they imagined. We explain why.

EXPLAINED: What Brits with EU partners need to know about returning to live in UK
Photo: Martin Bureau/AFP

Since Brexit, the UK has a strict immigration policy in place for EU nationals moving to the country and contrary to popular belief, even if they are married to a British national it does not exempt them from those requirements.

So whether you’re planning a move back to the UK with your non-British partner in the near future or whether you just want to keep your options open, here’s what you need to know.

Moving before March 29th 2022

If your moving plans are imminent, you should be able to meet the deadline of March 29th 2022, which is an important cut-off point.

Thanks to campaigning groups like British in Europe, the UK government agreed to a grace period for Brits living in the EU to move back and bring their non-British spouses with them.

The March 29th date relates to the UK’s original exit date from the EU, and British in Europe is campaigning for an extension to reflect the several delays before the UK actually left.

This means the process is easier – but it’s still not simple.

First you must apply to the Home Office in the UK for an EU Settled Status Family Permit. This must be done before the move and the EU partner should not enter the UK until they have the permit.

Processing time for these permits vary, some people have reported it has taken several months, while others have had their application rejected and had to begin the lengthy appeals process.

Once you have the permit you can then make the move, and once in the UK the EU partner needs to apply for EU pre-settled status.

This application must be made before March 29th 2022 in order to benefit from the Settled Status system, which is now closed to all other new arrivals from the EU.

The advantage of this system is that the EU partner does not have to satisfy immigration criteria such as financial thresholds.

Moving after March 2022

If you move back to the UK with a non-British partner after March 2022, or you don’t get the application submitted in time, you fall under the new immigration regime.

This means that the EU partner will need a visa to enter the country, and in most cases this needs to be applied for before the move.

Some people think that being married to a Brit means more or less unlimited entry to the UK, but in fact this is not the case and the couple must comply with strict rules including minimum income levels. For people in low-earning professions, or those who are not able to work in the UK, this could effectively bar the non-EU partner from entering the country.

There are essentially two routes – the non-EU partner can apply for a visa in their own right, or the British partner can sponsor their partner for a visa

Own visa

The points-based system that now applies to EU citizens is the same as the system in place for non-EU nationals and essentially requires applications to gain a required level of points by things like earning enough money, having sufficient language skills or having certain skills or qualifications that the UK has a shortage of.

Find our more here.

Sponsored visa

There is also an option for the British partner to sponsor their EU spouse’s visa, but this too has a minimum income requirement.

The Citizens Advice Bureau in the UK lays out the following income thresholds British partners must earn in order to sponsor their EU national spouse.

  • Partner only – minimum of £18,600 a year
  • Partner and children – minimum of £18,600 a year plus £3,800 for the first child and an extra £2,400 for each child after that. The extra income for children only applies if the children do not hold British citizenship or have residence rights in the UK.

Income can come from savings, pensions, rental income or earnings – but only earnings in the UK are taken into account, so if you have a salary from the EU country where you have been living, this would not be taken into account.

This could also rule out – for example – someone returning to the UK in order to take care of elderly or ill family members, who may not be able to work while taking on caring responsibilities.

If you do not meet the income requirements you can make up the amount through savings, if you have a sufficient amount. This needs to be £16,000 plus an extra £2.50 for every £1 below the income threshold you fall. The savings must have been in your name for six months or more.

If you’re British and don’t have a foreign partner (or you’re willing to dump your partner for the pleasure of living in a country of drizzle and chunky chips) then you can move back at any time without the need for a visa.

Visits

Short visits back to the UK to visit friends or family are allowed, although the non-British partner will need to be aware of new travel rules since the end of the Brexit transition period, including the end of using national ID cards for immigration purposes – only passports are now permitted. The same applies to children.

But longer visits should be approached with caution to ensure that the non-Brit does not exceed their maximum allowed number of days in the country. The 90-day rule applies to EU nationals visiting the UK, but the UK rules allow 180 days together, they don’t need to be divided into two sets of 90 like in the EU.

There are also reports of EU arrivals being grilled by immigration officials on arrival and some people who said they intended to, for example, help with childcare for their family were treated as unauthorised job-seekers and detained, so be sure you are very clear that you do not intend to work while in the UK. 

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BREXIT

Driving licences: Are the UK and Italy any closer to reaching an agreement?

With ongoing uncertainty over whether UK driving licences will continue to be recognised in Italy beyond the end of this year, British residents are asking where they stand.

Driving licences: Are the UK and Italy any closer to reaching an agreement?

Many of The Local’s British readers have been in touch recently to ask whether any progress has been made in negotiations between the UK and Italy on a reciprocal agreement on the use of driving licences.

If you’re reading this article, there’s a good chance that you’re familiar with the background of this Brexit consequence.

READ ALSO: Frustration grows as UK driving licence holders in Italy wait in limbo

When Britain left the EU there was no reciprocal agreement in place, but UK licence holders living in Italy were granted a grace period in which they could continue to drive on their British licences. This period was later extended to the current deadline of December 31st, 2022.

The situation beyond that date however remains unclear, and concern is growing among the sizeable number of British nationals living in Italy who say no longer being allowed to drive would be a serious problem.

There was the option of exchanging licences before the end of 2021, but many didn’t make the deadline. As has been proven before, this was often not due to slackness but rather all manner of circumstances, from having moved to Italy after or shortly before the cut-off date to bureaucratic delays.

Driving licences: How does the situation for Brits in Italy compare to rest of Europe?

So is an agreement any closer? Or do those driving in Italy on a UK licence really need to go to the considerable trouble and expense of sitting an Italian driving test (in Italian)?

With five months left to go, there’s still no indication as to whether a decision will be made either way.

The British government continues to advise licence holders to sit their Italian driving test – while also stressing that they’re working hard on reaching a deal, which would make taking the test unnecessary.

This message has not changed.

On Wednesday, July 27th, British Ambassador to Italy Ed Llewellyn tweeted after a meeting with Italian Infrastructure and Transport Minister Enrico Giovannini: “The British and Italian governments continue to work towards an agreement on exchange of driving licences.”

But the ambassador earlier this month advised UK nationals “not to wait” and to “take action now by applying for an Italian licence”.

In an official newsletter published in mid-July, Llewellyn acknowledged the concerns of British residents and confirmed that negotiations are still going on.

“I know that many of you are understandably concerned about whether your UK driving licence will continue to be recognised in Italy, especially when the extension granted by Italy until 31 December 2022 for such recognition expires.

“Let me set out where things stand. The British Government is working to reach an agreement with Italy on the right to exchange a licence without the need for a test. 

READ ALSO:  Do you have to take Italy’s driving test in Italian?

“The discussions with our Italian colleagues are continuing and our objective is to try to reach an agreement in good time before the end of the year.

“We hope it will be possible to reach an agreement – that is our objective and we are working hard to try to deliver it. 

Nevertheless, he said, “our advice is not to wait to exchange your licence.”

“If you need to drive in Italy, you can take action now by applying for an Italian licence. This will, however, involve taking a practical and theory test.” 

He acknowledged that “the process is not a straightforward one and that there are delays in some areas to book an appointment for a test”.

READ ALSO: ‘Anyone can do it’: Why passing your Italian driving test isn’t as difficult as it sounds

“We will continue to work towards an agreement,” he wrote. “That is our objective and it is an objective we share with our Italian colleagues.“

The British Embassy in Rome had not responded to The Local’s requests for further comment on Friday.

The Local will continue to publish any news on the recognition of British driving licences in Italy. See the latest updates in our Brexit-related news section here.

Find more information on the UK government website’s Living in Italy section.

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