UK-EU couples face restrictive and complex family visa rules, expense and separation since Brexit, report warns

The application of the UK’s family migration rules to UK-EU couples after Brexit is causing family separation and trauma, a new report warns.

Researchers from the Universities of Bristol and Exeter have uncovered the serious hardship and hurdles facing families where one partner is from Europe following Britain’s exit from the European Union. They say there is an urgent need for improvement to migration processes to ensure they support the family life of all British citizens and residents with partners from abroad.

The findings and policy recommendations, led by the University of Bristol and University of Exeter, were presented in Parliament today.

Before Brexit, the partners of British citizens and residents could almost always live together easily in the UK under EU law. Now EU citizen partners who are ineligible for settled or pre-settled status must apply for a visa, usually under the UK’s highly restrictive partner migration rules.

These include a minimum income requirement for the British citizen/resident sponsor set at £29,000 pa, above the income of around half of the employed population, and very demanding evidence requirements.

The report says this process has an impact on multiple areas of couples’ lives, including employment, education and finances. Many families who took part in the study experienced family separations, strains on relationships, and negative impacts on their own and children’s mental wellbeing.

The Brexit Couples project involved more than 100 interviews, including 56 UK-EU couples living in England and Wales, as well as experts and relevant organisations. The project Advisory Board includes: The3Million, Reunite Families UK, and the Immigration Law Practitioners’ Association. 

Researchers found families are struggling with the complexity of navigating the partner visa system, and the costs, which total at least £12,000 over five years, often more.

Those who took part in the research said they felt there was a lack of clear, affordable advice in navigating the system, and criticised the need to renew visas every 2.5 years until the EU partner can apply for settlement after at least five and sometimes ten years.

The report says the interests of UK-EU couples and families should be considered as the UK and EU seek to reset their post-Brexit relationship. 

 The report calls for policy change to:

• Lower minimum income and simplify evidence requirements
• Reduce costs
• Make the application process quicker and easier
• Increase the visa period from 2.5 to 5 years.

The research was led by Katharine Charsley, Professor of Migration Studies at the University of Bristol and Helena Wray, Professor of Migration Law at the University of Exeter.

Professor Wray said: “Thousands of UK-EU couples in the UK must now navigate the UK’s partner migration rules, which are among the most restrictive in the world. Our participants did not expect it to be so difficult to live together in the UK. They told us they were shocked by the impact, which was a consequence of Brexit and the recategorization of EU citizens as migrants.”

Professor Charsley said: “The process of applying for a partner visa was described to us as arduous, stressful and draining, and must be repeated every 2.5 years until indefinite leave to remain is obtained after a minimum of five years.”

“Some couples considered leaving or did leave the UK. The high minimum income threshold, cost and complexity mean that many couples are unable to apply and face permanent separation or exile.”