Court rules on UK spouse visa for non-EU partners

15 Nov 2017 | Posted by Carl Thomas

In a landmark case, the European court of Justice (ECJ) has ruled that a European citizen who is granted to right to be a British citizen does not relinquish the right to gain a UK spouse visa for their non-EU partner.
Following a five-month deliberation, the court has ruled that the Home Office should not have refused a duel British-Spanish citizen the right to gain a UK spouse visa so her Algerian husband can live within her.

According to UK immigration lawyers, this ruling could have significant implications for any EU citizens who considers applying for British passports or those who are married to someone who is a third-country national.

Commenting on the news, UK immigration barrister Colin Yeo stated that it was extremely positive for any EU citizens who have moved to another country within the European Union as they’ll be more likely to gain benefit from EU rules on family visa.

“The court has held that the UK has been wrong to refuse to recognise free movement rights for all those EU citizens who have been naturalising as British following the Brexit referendum,” he said.

He added: “After Brexit, though, all those rights will be lost unless an agreement is reached to retain them.”

However, Yeo did add that the ruling is unlikely to guarantee any rights for families of EU citizens who become citizens of other member states and lose their citizenship in their original country.