I am US citizen living with my British spouse in the UK and I have Indefinite Leave to Remain. Are we able to move/live/work in Spain or another EU country? I know my partner is because of their british citizenship, but do I have the same right?
Before Brexit, UK citizens were able to work, live and study freely throughout the EU without the need of an extra visa. However, since the UK left the EU on 31 December 2020, UK citizens now need appropriate visas or permits to work, live or study in EU countries. For many people, having the option of moving to a number of other countries in Europe gives them the freedom to experience new customs and cultures without the permanency that was once needed to move abroad. If you are married to another UK citizen, you will both be able to move there without much trouble, however if you're married to an individual who is a non-UK citizen you may run into problems. A US citizen, although having the right to remain in the UK permanently for work and living purposes isn't granted the same right to move abroad as freely as their UK born spouse.
Essentially a UK visa will give you rights to live and work in the UK, but that isn't extended to other countries in Europe. In order to be able to live and work in other countries, a separate visa would need to be applied for and this can take time and money. Generally, the issue is with working in another country and often the authorities in the other country you're hoping to move to would require that you have a work permit to earn money there. Even if you're self-employed, you'll still need a work permit. If you can arrange a job prior to moving, you may have more grounds for a visa and the immigration authorities may consider you a better option for moving there, however this again takes time.
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Try our Moving Abroad Checklist Builder free, here on this site →One option could be to remain in the UK for a minimum of five years to qualify for Indefinite Leave to Remain (ILR), then wait another 12 months before applying for UK citizenship (unless married to a British citizen). Even with UK citizenship, you will still need to apply for appropriate work visas or permits to live and work in EU countries, as UK citizens are now treated as third-country nationals by the EU. This will give you your UK passport and you can then live, work or study freely in Spain or any other EU country.
The best option is to contact the Home Office and enquire about your personal situation. You can also speak to a qualified emigration expert who will probably have dealt with a number of cases similar to yours. The most important thing is that you don't make a move that will invalidate your UK residents visa and end up with you being shipped back to the US. Seek expert advice, but in general be aware that it's not common practice for your UK visa to allow you to work in other EU countries if you're not a UK citizen.
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