Help with Family visa, please!!!!

Hello everyone. I'm writing down this to get some help, as I discussed this previously with a lawyer and I need a second opinion. Thanks in advance.

I’d like to consult the following: I am a Mexican citizen and I have a relationship with a British national (for less than 2 years). Three weeks ago, I gave birth to our daughter in Mexico and we’d like to apply for the Unmarried Partner Visa, as I want to move to the UK with my boyfriend. I have been told that I don’t meet the requirements (since we haven’t lived together for at least 2 years) and my application will be rejected. My questions for you are: Are there exceptions for this type of visa, that still make me eligible to apply for?

Also, I have been told (by an immigration lawyer) that, due to my citizenship (non-EEA citizen) and the 2-year rule, the most appropriate option is to marry to my boyfriend. Is this true? Is marriage the most suitable option in my case? I’m really worried about which type of visa should apply (since our daughter is a Mexican citizen at the moment) and also, how long it would take this process. Really, thank you.

DioneI wrote: ↑

Fri Nov 17, 2017 9:23 pm

Hello everyone. I'm writing down this to get some help, as I discussed this previously with a lawyer and I need a second opinion. Thanks in advance.

I’d like to consult the following: I am a Mexican citizen and I have a relationship with a British national (for less than 2 years). Three weeks ago, I gave birth to our daughter in Mexico and we’d like to apply for the Unmarried Partner Visa, as I want to move to the UK with my boyfriend. I have been told that I don’t meet the requirements (since we haven’t lived together for at least 2 years) and my application will be rejected. My questions for you are: Are there exceptions for this type of visa, that still make me eligible to apply for? No exceptions. You need documented evidence of living together in a relationship 'akin to marriage' for the full 2 year period.

Also, I have been told (by an immigration lawyer) that, due to my citizenship (non-EEA citizen) and the 2-year rule, the most appropriate option is to marry to my boyfriend. Is this true? Is marriage the most suitable option in my case? I’m really worried about which type of visa should apply (since our daughter is a Mexican citizen at the moment) and also, how long it would take this process. Really, thank you. In the circumstances, marriage is your best option.

A Spouse Settlement visa may take 12 weeks to for a decision. However, how do you plan to meet the minimum income level?
1. Your husband would have to show that he has been earning the equivalent of £18,600 in your country of residence for the 12 month period prior to submitting the application AND have a confirmed job offer in the UK to start within 3 months of arrival, again meeting the £18,600 annual income level.
OR
2. Your husband returns to the UK and once he has been employed and earning £18,600 per annum for at least 6 months, you can then submit your visa application.
OR
3. Qualify with £62,500 in savings which have been held in an accessible account for at least 6 months. The savings can be held jointly.

This is all assuming your child qualifies for British citizenship, otherwise the minimum income level would rise to £22,400 per annum.

Casa wrote: ↑

Fri Nov 17, 2017 9:49 pm

No exceptions. You need documented evidence of living together in a relationship 'akin to marriage' for the full 2 year period.
In the circumstances, marriage is your best option.

First, thank you for your fast response, Casa. Second, this is what I have been told but I needed to confirm it. Thank you.

Casa wrote: ↑

Fri Nov 17, 2017 9:49 pm

However, how do you plan to meet the minimum income level?

My boyfriend has been living and working in the U.K. all his life and he meets the income requirements, it was me who lived and worked in another European country by the time we met. However, I will tell him once more about the minimum income level just to be sure.

Casa wrote: ↑

Fri Nov 17, 2017 9:49 pm

This is all assuming your child qualifies for British citizenship...

Do you know where exactly I can read the requirements for the British citizenship (so we can get a British passport for my daughter?) Because we have another situation: my partner was born from British parents in Sweden (as his parents were working there) and they returned to England when he was 3 years old. He is a British citizen, however he has been told (by another lawyer) that our daughter doesn't qualify for the British citizenship, as she is the 2nd generation who was born outside of the U.K. (in her case, she was born in Mexico). Do you know Casa, if this is correct? That a child with a British parent cannot be granted with their citizenship, if this child is the 2nd generation who was born outside of the U.K.?

Thank you so much again for your response and help.

My understanding is that as your partner is British by descent, he cannot pass British citizenship onto any children who are born outside the UK.

https://www.gov.uk/government/uploads/s ... t_2015.pdf

You may want to post this in the British Citizenship sub-forum for clarification.

If this is the case, after marrying you would also have to apply for a settlement visa for your daughter and your husband would have to meet the minimum income level of £22,400 p.a

Casa wrote: ↑

Sat Nov 18, 2017 9:39 am

https://www.gov.uk/government/uploads/s ... t_2015.pdf

If this is the case, after marrying you would also have to apply for a settlement visa for your daughter and your husband would have to meet the minimum income level of £22,400 p.a

Thank you for the document and the clarification, I will post it on the corresponding section!