Marrying 3rd country national living in France

[rachel900]

Hi

Me and my partner have been together for 2 years on a long distance relationship, I live in UK and he is in France, I was travelling regularly. His visa will expire at the end of the year and we want to live together in UK and start a family. I have dual nationality and I would like to get married in Spain with my family close to me. He can get married there with a tourist visa or his current visa but I am lost about what happens next.

With Brexit I know he will have to apply for a partner visa to join me in the UK but we want to avoid him having to return to his home country so, can he change his current visa for a family of a EU member in France while we get the application for him to come to UK, or does he have to apply for a resident card in Spain? We are not living there but I am Spanish from birth. Also, would he be able to stay in the EU if I live in the UK and would he be able to work?

Any advise or anyone in a similar case, I would be happy to get some details as I don't even know where to start looking.

Thank you.

[secret.simon]

Crucially, how did you acquire British citizenship? Was it by descent/birth or was it after residing in the UK under EU law and then naturalising?

[rachel900]

Naturalisation

[secret.simon]

Since, in this case the marriage is taking place after 31st December 2020, I believe (and I could very well be wrong) that you will need to meet the full requirements that a British citizen needs to meet (Minimum Income Requirement, English language test for your spouse, etc) and your spouse will get a spousal visa under the regular UK Immigration Route, rather than under Appendix EU.

For your spouse to have qualified under Appendix EU, either the marriage should have taken place before 31st December 2020 or you will need to prove that you were in a durable relationship (in the UK, the expectation is "a relationship akin to marriage") before that date.

The general requirement for proving a durable relationship are shared financial records and proof of having resided together for two years, though other factors such as having a child together are also taken into account.

Since you were in a long-distance relationship, I doubt that your spouse will qualify for an application under Appendix EU.

[rachel900]

Thanks,

I know he will have to apply for a partner visa, as any other non-EU citizen but would you know if he can apply for some kind of residence permit in Spain or France so he can change his current visa and not have to return to his country?

Also, to apply for a partner visa in the UK does he have to apply from his country of origin?

[secret.simon]

TO the best of my knowledge, your partner can apply from any country where he has legal residence. It needn't be his country of origin, so long as he has residence (not a visit visa) in that country.

But I am not absolutely sure of that. Wait for others to advise.

[CR001]

TO the best of my knowledge, your partner can apply from any country where he has legal residence. It needn't be his country of origin, so long as he has residence (not a visit visa) in that country.

But I am not absolutely sure of that. Wait for others to advise.

This is correct yes.