Introduction

The United Kingdom’s departure from the European Union—commonly known as Brexit—has redefined the legal and administrative landscape across nearly every facet of UK immigration policy. Among the areas most profoundly affected is family reunification: the process by which a person legally resident in the UK can bring close family members (typically spouses, partners, children, or dependent relatives) to live with them. Before Brexit, EU citizens enjoyed near-automatic rights to family reunification under the principle of freedom of movement, while non-EU nationals faced a separate, stricter set of rules. Since the end of the transition period on 31 December 2020, the UK has introduced a unified points-based immigration system that applies equally to EU and non-EU migrants. This article examines how Brexit has reshaped family reunification policies, the practical consequences for both EU and non-EU families, and the broader social and political debates that have emerged.

Background: Family Reunification in the EU and UK

Before Brexit, the UK was part of the European Union’s free movement framework, established by the Treaty on the Functioning of the European Union and Directive 2004/38/EC. This legal framework allowed any EU citizen to move to and reside in any other member state, including the UK, and to be accompanied by their family members—regardless of the family members’ nationality. That meant a French national working in London could bring a spouse from Brazil without needing to satisfy a separate visa application. The process was largely administrative, requiring only a residence card to confirm the right to reside.

For non-EU nationals living in the UK, family reunification was already more restrictive. They were required to apply under the Immigration Rules, specifically Appendix FM, which set out minimum income requirements, English language tests, and a lengthy application process. However, the existence of a separate, more generous route for EU citizens created a two-tier system: one that was relatively easy for EU families and one that was considerably harder for non-EU families.

The EU system also incorporated certain human rights safeguards. The European Court of Justice (ECJ) repeatedly ruled that restrictions on family reunification must be proportionate and must not undermine the fundamental right to respect for family life under Article 8 of the European Convention on Human Rights. These rulings influenced UK domestic law, ensuring that even when rules were strict, there was scope for discretion in compelling cases.

Post-Brexit Changes: The Points-Based System and New Family Rules

Since 1 January 2021, the UK has operated a points-based immigration system that treats all non-British nationals—whether from the EU or elsewhere—equally. The new system abolished the free movement right for EU citizens and introduced a uniform set of rules for work, study, and family visas. For family reunification, the key policy changes include:

  • No more automatic right: EU citizens who were not resident in the UK before 31 December 2020 cannot bring family members without meeting the same requirements as non-EU nationals.
  • Financial threshold: The sponsor (the UK resident) must demonstrate a minimum income of £18,600 per year (higher if children are involved). This threshold was originally set in 2012 for non-EU families and now applies to all sponsors, including EU citizens who arrived after Brexit.
  • English language requirement: The applicant (the family member overseas) must prove English language ability at level A1 (basic) on the Common European Framework of Reference for Languages.
  • Health and background checks: All applicants must pass tuberculosis screening (if from a listed country), provide a valid criminal record certificate, and pay the Immigration Health Surcharge.
  • Immigration Health Surcharge: The surcharge, currently £624 per year per applicant, must be paid upfront for the duration of the visa (typically 30 months).

Additionally, the UK government introduced the EU Settlement Scheme (EUSS) to protect the rights of EU citizens already living in the UK by 31 December 2020. Those with settled or pre-settled status can still rely on the pre-Brexit rules for family reunification—but only if they can show the family relationship existed before the UK’s departure. Newer relationships formed after 31 December 2020 must meet the stricter points-based requirements.

The Financial Requirement: A Contentious Barrier

The £18,600 minimum income threshold has been one of the most controversial elements of UK family reunification policy. Introduced in 2012 for non-EU sponsors, it was intended to ensure that families supported themselves without recourse to public funds. However, critics have long argued that the level is arbitrary and disproportionately affects women, ethnic minorities, and those in low-paid or precarious work. A 2016 report by the Migration Observatory at the University of Oxford found that the threshold excludes roughly 40% of UK-born working-age individuals from being able to sponsor a non-UK partner. Post-Brexit, this rule now applies to EU sponsors as well, significantly increasing the number of families who must meet it.

In 2017, the Supreme Court in R (on the application of MM and others) v Secretary of State for the Home Department ruled that the rules restricting family life under Article 8 must give proper weight to the best interests of children. While the court did not strike down the threshold, it prompted the Home Office to issue policy guidance allowing caseworkers to consider exceptional circumstances where the threshold is not met. Despite this, evidence suggests that such discretion is exercised sparingly, and many families continue to face separation.

The English Language Requirement

Applicants for a family visa must now submit evidence of passing an approved English language test at A1 level—the lowest tier of basic communication. This requirement applies to all family visa applicants, including spouses, partners, and adult dependents. For EU citizens who previously had an automatic right to bring family members, this is a new and often unexpected hurdle. Exemptions exist only for nationals of majority English-speaking countries and for those who have already passed a higher-level English test (e.g., for a work visa). For elderly or low-literacy applicants, the test can be a significant barrier in practice.

Impact on EU Citizens Residing in the UK

EU citizens who arrived in the UK before 31 December 2020 can still benefit from the pre-Brexit family reunification rules, but only if they have obtained settled or pre-settled status under the EU Settlement Scheme. For these individuals, the process is largely unchanged: they can bring family members who were already part of their household before Brexit, provided the relationship existed at that time. However, if an EU citizen with settled status marries a non-EU partner after 31 December 2020, they must now switch to the points-based system—requiring the £18,600 income, English test, and full visa fees. This has caused confusion and hardship for couples who assumed their EU status would grant them permanent flexibility.

Furthermore, EU citizens who arrived after 31 December 2020 have no special status at all. They are treated exactly like any other migrant and must qualify under the Family Visa (Appendix FM) rules, including the financial threshold. For example, a German nurse moving to the UK in 2022 to work in the NHS would have to meet the £18,600 requirement to bring her spouse from Turkey—a rule that did not exist for EU nationals before Brexit. This has led to reports of families being separated for months or even years while the sponsor builds up sufficient income.

Impact on Non-EU Citizens

For non-EU nationals, Brexit has not introduced entirely new rules—they already faced strict family reunification requirements under Appendix FM. However, the removal of the preferential EU route means that non-EU families no longer have the option of moving to an EU member state (like Ireland) and then using free movement rights to bring a non-EU partner to the UK—a loophole that had been used by some couples before Brexit. This “Surinder Singh” route was explicitly closed by the new Immigration Rules from 2017, and Brexit has made it definitively unavailable.

Additionally, the UK’s exit from the EU has ended the application of EU family reunification directives that were more generous in certain respects. For example, the EU’s Blue Card directive allowed highly skilled workers to bring family members without the same financial thresholds. The UK’s points-based system now places all family reunion applications under the same rules, regardless of the sponsor’s skill or income level, unless they qualify for a Global Talent visa or other exceptional routes.

Broader Social and Political Effects

The tightening of family reunification policies has ignited intense debate among human rights groups, migration scholars, and politicians. Critics argue that the new rules violate Article 8 of the European Convention on Human Rights, which guarantees respect for private and family life, and that they disproportionately impact women, children, and low-income families. Organisations like Liberty have highlighted cases where long-term partners have been forced to live apart because the sponsor’s income fell just below the threshold.

Supporters of the new system contend that it is essential for maintaining public confidence in immigration control and ensuring that migrants do not become a burden on public services. The government’s 2021 policy statement on legal migration argued that the financial threshold “protects the public purse” and “ensures that family migrants are able to support themselves.” However, a 2023 briefing from the Migration Observatory found that the threshold has not significantly reduced the number of family visas granted—rather, it has shifted the demographic profile toward higher-income sponsors.

The Home Office has also introduced the “family test” as part of its policy-making process. The test requires government departments to consider the impact of proposed policies on family stability and relationships. In principle, this should ensure that any new immigration rule affecting family reunification is accompanied by an assessment of its likely impact on family unity. In practice, the test has been criticised as a tick-box exercise that rarely results in policy changes.

Litigation and Parliamentary Scrutiny

The new family reunification rules have been challenged repeatedly in UK courts. In 2021, the High Court ruled in R (on the application of A and others) v Secretary of State for the Home Department that the requirement for non-EU partners of EU settled persons to take an English test could be disproportionate in some cases. The Home Office subsequently issued amended guidance, but the core requirements remain intact. In 2023, the Home Affairs Select Committee published a report calling for the financial threshold to be reviewed and for greater flexibility to be introduced, particularly for existing families where the partner in the UK is in stable but low-paid employment. The government has so far resisted major reform, arguing that any relaxation would undermine the integrity of the immigration system.

Practical Consequences: Stories from Families

Behind the policy debates lie real human stories. A 2022 report by the Joint Council for the Welfare of Immigrants (JCWI) documented dozens of cases of couples separated by the new rules. One typical example: a Spanish woman who had lived in the UK for five years met and married an American man in 2021. Because she was not resident in the UK by the end of 2020, she had to apply for a family visa for him. With a salary of £19,000, she just cleared the threshold, but she had to pay over £3,000 in visa fees, plus the health surcharge and a priority processing fee—a significant financial burden. The couple spent nearly a year waiting for a decision, during which the husband could not work in the UK.

Similar stories abound for non-EU couples: a British citizen married to a Nigerian partner must show savings or income of £18,600; if the partner already has a child from a previous relationship, the threshold rises to £22,400. Many families report having to sell assets or take on debt to meet the requirement, and some have been forced to leave the UK to obtain a visa from abroad—a process that can take months.

Conclusion

Brexit has fundamentally altered the UK’s approach to family reunification. The transition from a system that prioritised the free movement of EU citizens and their families to a unified, points-based model has removed the two-tier structure but has done so by tightening the rules for everyone. EU nationals who arrived after Brexit now face the same tough financial, language, and health checks that long applied to non-EU families. Those who arrived earlier retain some protections under the EU Settlement Scheme, but only for relationships that existed before 2021.

The changes have reignited longstanding debates about the balance between immigration control and the right to family life. While the UK government defends the rules as necessary to manage migration and protect public services, critics argue that they cause unnecessary hardship and may violate human rights obligations. The financial threshold remains the most contested element, and several parliamentary committees have called for its revision. As the UK continues to exercise its post-Brexit sovereignty, the future of family reunification policy will depend on political choices: whether to maintain the current strict approach or to introduce more flexible and compassionate rules that recognise the value of family unity in an increasingly globalised world. For those caught in the system, the outcome of that choice will determine whether they can live together with their loved ones in the UK.