If you are an EU or EEA citizen with pre-settled or settled status and your partner lives in another EU country, you may assume that bringing them to the UK should be straightforward. Many couples believe that because they are both EU nationals, the EU Settlement Scheme will apply.
Since Brexit, this assumption has caused serious and costly problems.
At JPS Immigration, we regularly advise couples who only realise the rules have changed after an application has been refused, fees have been lost, or they have been forced to live apart. This blog explains the most common misconception, the correct visa options, and why getting it right the first time is essential.
A Common Misconception About the EU Settlement Scheme
One of the biggest misunderstandings is the belief that an overseas EU partner can apply under the EU Settlement Scheme (EUSS) simply because their partner in the UK already holds settled or pre-settled status.
In reality, the scheme has strict limits.
To qualify as a partner under the EU Settlement Scheme:
- Your relationship must have started by 31 December 2020, and
- The relationship must still exist today
This requirement applies to:
- Spouses
- Civil partners
- Unmarried (durable) partners
If your relationship began after 31 December 2020, your partner cannot qualify under the EU Settlement Scheme — even if:
- You already have settled or pre-settled status
- Your partner is an EU citizen
- You are planning to marry in the future
EU nationality alone does not create eligibility.
Applying From Inside the UK: A Costly and Distressing Mistake
We frequently see cases where an EU partner travels to the UK believing they can apply for status once they arrive.
In many cases:
- The EU Settlement Scheme application is refused
- The Home Office confirms the applicant does not qualify
- The applicant is instructed to leave the UK and apply from their home country under the correct visa route
This often results in:
- Paying for an unexpected flight back home
- Losing application fees and months of time
- Immediate separation from a partner
- Emotional distress, anxiety, and disrupted plans
For many couples, the heartache of being forced apart is far worse than the financial loss — and it is often completely avoidable.
“But My Partner Is Also an EU Citizen…”
This is one of the hardest realities for couples to accept.
Since Brexit:
- Free movement has ended
- EU citizens are subject to UK immigration law
- EU partners are often treated in the same way as non-EU nationals
As a result, many EU partners now require a UK visa to live in the UK, despite holding an EU passport.
When the UK Partner Visa Is the Correct Route
If your partner does not qualify under the EU Settlement Scheme, the correct option is often a UK Partner visa.
This is a legitimate and well-established route, but it is strict, expensive, and evidence-heavy.
The £29,000 Income Requirement
One of the most important requirements is the financial threshold. The sponsoring partner must usually show:
- A minimum income of £29,000 per year, or
- Sufficient qualifying cash savings
Many EU citizens are shocked by this requirement, particularly if they believed Brexit would not affect their family life.
Visa Costs and the Immigration Health Surcharge
In addition to meeting the eligibility rules, couples must budget for significant visa costs, including:
- UK Partner visa application fees
- The Immigration Health Surcharge (IHS), paid upfront for access to the NHS
- Costs for document translations and supporting evidence
- Travel expenses if an applicant must return overseas
The Immigration Health Surcharge alone can amount to thousands of pounds, depending on the length of the visa.
Importantly, these fees are not refunded (apart the from the HIS fee) if an application is refused.
This is why it is critical that sponsors and applicants ensure the entire process is correct the first time.
Why Getting It Wrong Is So Expensive
Because partner visa applications are:
- High-cost
- Strictly assessed
- Time-sensitive
Making the wrong application can result in:
- Thousands of pounds lost]
- Months (or longer) apart as a couple
- Repeated stress and uncertainty
Applying under the wrong route, or from the wrong country, often means starting again from scratch.
Why These Problems Keep Happening
Most mistakes occur because couples rely on:
- Pre-Brexit advice that no longer applies
- Online forums and social media groups
- Well-meaning but inaccurate advice from friends or family
Unfortunately, UK immigration rules are applied strictly, regardless of misunderstandings or good intentions.
How JPS Immigration Can Help
At JPS Immigration, we specialise in post-Brexit immigration advice for EU and EEA citizens. We help clients:
- Confirm whether the EU Settlement Scheme is genuinely available
- Assess eligibility for the UK Partner visa
- Understand the £29,000 income requirement
- Plan for visa costs and the Immigration Health Surcharge
- Submit applications under the correct rules, from the correct country, the first time
Our aim is to prevent refusals, wasted fees, and unnecessary separation.
Frequently Asked Questions
Can my EU partner join me in the UK if I have settled or pre-settled status?
Only if your relationship started by 31 December 2020 and still exists. If it began after this date, your partner will not qualify under the EU Settlement Scheme.
Does my EU partner need a visa after Brexit?
Yes. EU citizenship alone no longer gives the right to live in the UK.
Can my partner apply from inside the UK?
In most cases, no. Applying from inside the UK under the wrong route often leads to refusal and instructions to leave.
How much does a UK Partner visa cost?
Partner visas are expensive and include visa fees and the Immigration Health Surcharge, which can run into thousands of pounds.
Thinking of Bringing Your Partner to the UK?
If you hold pre-settled or settled status and your partner lives overseas, seek advice before applying or travelling to the UK.
Contact JPS Immigration today via www.jpsimmigration.com Getting it right the first time can save you money, time, and unnecessary heartache.
