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Hello,
My sister, a Polish citizen, has EU Settled status. She lived in the UK (Northern Ireland) most of her life. However, in early 2020 she decided to move permanently to Poland to live there with her boyfriend. As expected, she now wants to return.

As she has settled status, I understand she on her own can move back anytime (within 5 years) she wants. However, what about her boyfriend? He has never lived or worked in the UK. Does he need to apply for visa, or can he just move here as her partner? They're not engaged, but they've been together for few years now. They only moved in together last year.

She wants to go back to Northern Ireland, which remained part of the EU to some degree. Does that play into it anyhow?
I also assume that the fact that our entire family lives here in NI, and I am a British citizen doesn't play into it either?

user5877 wrote: ↑

Mon Feb 15, 2021 7:03 pm

As she has settled status, I understand she on her own can move back anytime (within 5 years) she wants.

Correct.

However, what about her boyfriend? He has never lived or worked in the UK. Does he need to apply for visa, or can he just move here as her partner?

Today, no one can "just move" to the UK. Even married spouses of British citizens have to go through an expensive process.

In the past, when the UK still belonged to the EU it was a different story and married spouses of EU citizens could "just move" and legally reside without further process (not uncontroversial since this was easier for them than for British spouses), but that's history now.

They're not engaged, but they've been together for few years now. They only moved in together last year.

When exactly did they move together? Nearing one year, or nearing just a few months?

Depending on this timeline he could attempt an EU Settlement unmarried partner route (difficult though under two years of cohabitation, but not impossible), but if it's a more recent cohabitation he might need to go through the expensive routes outside of the EU Settlement Scheme.

She wants to go back to Northern Ireland, which remained part of the EU to some degree.

For immigration purposes, NI is the UK; hence out of the EU.

Does that play into it anyhow?

For people born in the whole of the Irish Island (Republic or Northern), they have special treatment and have the best of both words, but non-Irish residents are simply UK residents.

I also assume that the fact that our entire family lives here in NI, and I am a British citizen doesn't play into it either?

She's a grown up adult, even her relationship to you is completely irrelevant for immigration purposes. Much less her unmarried partner's.

When exactly did they move together? Nearing one year, or nearing just a few months?

June or July 2020. They have been together for few years though but it was long distance relationship and they would frequently visit each other both in NI and Poland.

I was looking up UK Visa and Immigration website and the best option I saw for him was to pass approved English test (while his English is not perfect, imo he's communicative), and apply for spouse visa. Not gonna be easy but worth giving it a go.

user5877 wrote: ↑

Tue Feb 16, 2021 5:44 pm

When exactly did they move together? Nearing one year, or nearing just a few months?

June or July 2020. They have been together for few years though but it was long distance relationship and they would frequently visit each other both in NI and Poland.

Yeah, that's not enough to be considered a durable couple.

I was looking up UK Visa and Immigration website and the best option I saw for him was to pass approved English test (while his English is not perfect, imo he's communicative), and apply for spouse visa. Not gonna be easy but worth giving it a go.

Agree. Good luck to them.