Confused about immigration/visa for my French girlfriend

Hello

I am posting here because I am confused by the UK visa system and don't know where else to post at the moment.

I am a French national and have French passport. Last year I was 'headhunted' to come to UK and work in a specialist role. Pay is very good. I will be in UK at least 3 years. Because I entered UK in 2020 and have an NI number I qualify for EU Settlement Scheme.

I have a girlfriend who is also a French citizen and before we lived together in France but she could not join me in 2020 because she have to work in France. She just came for two weeks holiday in December 2020 and then go back France.

In June this year I had holiday back home in France and now I return to UK and my girlfriend finished her job in France and has come to UK with me to live with me long term. She speaks no English (she is learning) and has no job right now. How can she stay?

When we arrived at the UK airport nobody checked our passports. She has nothing in her passport (no visa, no stamp). We don't understand this. Nobody checked us or talked to us, everybody just walked through the airport.

How long can she stay in UK like this? Does she need a visa to stay long term with me in UK?

I have looked at the UK government website and it is very confusing for me. Please help guys.

Many thanks

Than.

Important: Your girl friend has NO immigration status just now - she has no documents to demonstrate her entitlement to be in the UK.

EU citizens had a deadline of 30 June 2021 to apply for EU Settled Status. Anyone who applies after that date has to show "reasonable grounds" why they are applying late. Does your girl friend have any evidence that she was residing in the UK in December? Perhaps she may still be able to apply for EU pre-SS (link below). Unless she obtains a work visa there are no easy UK visa routes apart perhaps from marriage and spouse visas. You may wish to consider her leaving the UK for the time being - if Immigration Enforcement get involved and tell her to leave she may have a hard time getting any long term visa later on. Just my thoughts on the matter - based on what I'm reading.

EU Settled Status applications:
https://www.gov.uk/settled-status-eu-ci ... led-status

Than wrote: ↑

Thu Jul 08, 2021 9:56 am

Because I entered UK in 2020 and have an NI number I qualify for EU Settlement Scheme.

First things first... did you actually apply for the Settlement Scheme?

kamoe wrote: ↑

Thu Jul 08, 2021 12:17 pm

Than wrote: ↑

Thu Jul 08, 2021 9:56 am

Because I entered UK in 2020 and have an NI number I qualify for EU Settlement Scheme.

First things first... did you actually apply for the Settlement Scheme?

Yes, I applied the Settlement Scheme.

But my girlfriend cannot I think. She was in UK only 15th December to 3rd January and then she come back again with me 20th June.

alterhase58 wrote: ↑

Thu Jul 08, 2021 11:09 am

Important: Your girl friend has NO immigration status just now - she has no documents to demonstrate her entitlement to be in the UK.

I don't understand. She arrived with me on the plane from France. She has French passport so I think she is entitled to visit UK. But no English person checked her passport and it has no time stamp in it.
So how long can a French person visit the UK with no visa. I just look on the internet and it is written that EU citizen can come for holiday or short visit. But it does not say how long (how many days).
So if she can come 3 months with no visa, then go back France 1 month and come again 3 months and so on, is this OK? It is not clear.

Than wrote: ↑

Thu Jul 08, 2021 9:56 am

I have a girlfriend who is also a French citizen and before we lived together in France but she could not join me in 2020 because she have to work in France. She just came for two weeks holiday in December 2020 and then go back France.

She could have applied when she was here. Why didn't she? The only requirement was to show proof of entry stamp or boarding pass!!!

How can she stay?

Is she only your girlfriend or your stable partner? (your copine or your compagne?) There is a big difference.

If she has been your stable partner, living together for at least two years, and sharing financial responsibilities much in the same as a married couple, then she could come as your unmarried partner via the "joining family member" route of the EU Settlement Scheme. There is no deadline for that.

But if she is only your girlfriend and not not yet your stable partner, then sshe might need to go through the general immigration route for family members.

So the question is important: What is the nature of your relationship? How long have you been together? how long have you been living together? What kind of financial commitment have you had together (joint payment of rent or public services, the joint responsibility of a mortgage, or raising children)?

When we arrived at the UK airport nobody checked our passports. She has nothing in her passport (no visa, no stamp). We don't understand this. Nobody checked us or talked to us, everybody just walked through the airport.

Yes sometimes that happens, don't think too much about that. I suppose this will become much more strict now after June 30th.

How long can she stay in UK like this?

I think 3 months, but don't quote me on this.

Does she need a visa to stay long term with me in UK?

Yes.

Than wrote: ↑

Thu Jul 08, 2021 12:44 pm

So if she can come 3 months with no visa, then go back France 1 month and come again 3 months and so on, is this OK? It is not clear.

If she is effectively establishing her life and spending most of her time in the UK, no, this is not OK, and she needs a visa.
If she only comes occasionally and spends most of her time in France, then occasional repeated long visits to the UK are OK.

kamoe wrote: ↑

Thu Jul 08, 2021 12:56 pm

Than wrote: ↑

Thu Jul 08, 2021 12:44 pm

So if she can come 3 months with no visa, then go back France 1 month and come again 3 months and so on, is this OK? It is not clear.

If she is effectively establishing her life and spending most of her time in the UK, no, this is not OK, and she needs a visa.
If she only comes occasionally and spends most of her time in France, then occasional repeated long visits to the UK are OK.

Thank you for your reply.
How long can she stay in the UK on each visit? How long is a long visit? Is this defined anywhere? I cannot find the information.

Than wrote: ↑

Thu Jul 08, 2021 1:23 pm

How long can she stay in the UK on each visit? How long is a long visit? Is this defined anywhere? I cannot find the information.

That is not the right question to ask.

As I already said, you need to ask yourselves if she will be effectively spending more time in the UK than in France, if so, then she needs a proper immigration status.

Do not try to bend it so that it looks like she's just visiting each time. Leaving for a short time, then coming back. If she's effectively living here, she needs a visa.

There are options to do it properly, and I am more than happy to point you in the right direction. Why don't you answer my questions above?

kamoe wrote: ↑

Thu Jul 08, 2021 1:29 pm

Than wrote: ↑

Thu Jul 08, 2021 1:23 pm

How long can she stay in the UK on each visit? How long is a long visit? Is this defined anywhere? I cannot find the information.

That is not the right question to ask.

As I already said, you need to ask yourselves if she will be effectively spending more time in the UK than in France, if so, then she needs a proper immigration status.

Do not try to bend it so that it looks like she's just visiting each time. Leaving for a short time, then coming back. If she's effectively living here, she needs a visa.

There are options to do it properly, and I am more than happy to point you in the right direction. Why don't you answer my questions above?

OK, to answer your questions above - yes, she is my stable partner. We lived together for about 2 years in France. We have no children. I paid most of the bills because for much of the time she was studying and had a low income. But we are long term I think.

We didn't apply for her settlement in December because we didn't know of this system. We know about Brexit but when I came to UK last year my employer handle everything for me and make the application for me, find my accommodation etc. It is my first time in UK and they take care of everything. I thought it would be easy for my girlfriend to come stay.
If it is too many difficulties then she will just come for some long holiday and I will go France for some holiday when she is there and I will return to live France or another country in two years (already in UK one year). I do not plan to stay in UK for very long time. My job is specialised and has high pay so it would not be difficult for us to relocate to another country.
Thanks for all your help. I will finsish it there.

Than wrote: ↑

Thu Jul 08, 2021 1:51 pm

OK, to answer your questions above - yes, she is my stable partner. We lived together for about 2 years in France. We have no children. I paid most of the bills because for much of the time she was studying and had a low income. But we are long term I think.

The problem is, simply cohabiting for 2 years is good but not enough to qualify. You have to demonstrate financial commitments. You said you paid most of the bills, but did she pay any? (Even if in unequal measure, showing you both contributed to the same household might do the trick.)

We didn't apply for her settlement in December because we didn't know of this system. We know about Brexit but when I came to UK last year my employer handle everything for me and make the application for me, find my accommodation etc. It is my first time in UK and they take care of everything.

Why don't you ask them to sort it out for her? At least try. Relocating the whole family is quite standard procedure when hiring internationally.

I thought it would be easy for my girlfriend to come stay.

Brexit, my friend.

If it is too many difficulties then she will just come for some long holiday and I will go France for some holiday when she is there and I will return to live France or another country in two years (already in UK one year).

I do not plan to stay in UK for very long time. My job is specialised and has high pay so it would not be difficult for us to relocate to another country.

Again, she might qualify as "joining family member" under the Settlement Scheme, and might not be that difficult.

But as you say, several visits might work, as long as she doesn't make the UK her main residence.

Visitors cannot live in the UK by making frequent visits.
For the NHS while visiting, she will likely need travel insurance as well as her French EHIC.
Healthcare for visitors to the UK from the EU
https://www.gov.uk/guidance/healthcare- ... ing-the-uk

Check if you need a UK visa
https://www.gov.uk/check-uk-visa

The UK’s points-based immigration system: information for EU citizens
https://www.gov.uk/guidance/the-uks-poi ... s#overview

Browse: EU, EEA and Swiss citizens
https://www.gov.uk/browse/visas-immigra ... -eea-swiss