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UK National, pregnant Romanian fiance
Posted: Fri Jan 13, 2012 10:16 am
by peterparker1983
Hello
I have trawled through the UKBA website a hundred times trying to find out exactly what the situation is but I am still stumped, so I'm hoping that some of you might be able to guide me in the right direction:
I have been with my Romanian partner for around a year now. I am a UK National. We maintained a long distance relationship whilst she continued studying for her degree. In September she fell pregnant, and in November I spent the month there staying with her, helping her sort things out so that we could come back to the UK. I am aware that she is allowed to stay for 3 months as an EEA National, after which she can exercise treaty rights by being supported by me, or by becoming self employed (which is a possibility). Now, we're both quite traditional and don't wish to have a child out of wedlock, and so we have decided to marry next month. However, what steps need to be taken for this to happen? I know we must apply to a special designated register office, but I am unsure of how this would affect her staying here. It is soon not going to be feasible for her to fly so she would not be able to fly home and apply for a spousal visa from there if that is what is required. Or is it that once married there is no need for the visa? She will not be looking for work until the baby is at least 1 year old, but I am aware that she would be granted a blue card after marriage anyway (due to a discussion with the Ascension Worker helpline).
Any help would be greatly appreciated
Posted: Sat Jan 14, 2012 1:31 pm
by Jambo
As you are aware, as a Romanian, she can live in the UK and doesn't require a visa. Being married to a British national won't affect her legal status in the UK.
She can switch to (costly) spouse visa if she would like to enjoy a shorter path to British citizenship (3 years instead of 5). Otherwise, nothing is required.
Posted: Sat Jan 14, 2012 2:13 pm
by Obie
Jambo wrote:As you are aware, as a Romanian, she can live in the UK and doesn't require a visa. Being married to a British national won't affect her legal status in the UK.
She can switch to (costly) spouse visa if she would like to enjoy a shorter path to British citizenship (3 years instead of 5). Otherwise, nothing is required.
Being married to a UK national will confer on her the ability to take paid employment before the end of transitional restriction, and also as you rightly stated could impact on when she acquires the eligibility to apply for naturalisation.
She does not require any permission to marriage, as COA has been abolished and even if was not, EEA national were not subjected to that regime.
[b]Requirement for Blue Certificate[/b] wrote:
4.7 Spouses or Civil Partners of a UK national or a person settled in the UK
4.7.1 Criteria
Caseworkers considering such applications must satisfy themselves that:
• the applicant has provided their partner’s current original passport demonstrating
that they are a British citizen or a person with settlement in the United Kingdom;
or
• if the applicant’s partner is a British Citizen without a passport, the applicant has
provided their partner’s full birth certificate (showing the parents’ names)
accompanied by at least one other formal document as evidence of ordinary
residence in the UK for the last three years – e.g. – notice of income tax coding,
driving license, building society passbook/bank statements, National Insurance or
National Health Service registration issued by the Department for Work &
Pensions, or a local health authority; and
• the applicant has provided their original civil marriage certificate or civil
partnership certificate. Page 40 of 132
• If either the applicant or his/her partner have been married or in a civil
partnership before, the applicant has provided document(s) showing they were
free to marry/form a civil partnership with their present spouse/partner. The
document(s) must be formal documents such as a decree absolute or a final
dissolution order (or other confirmation of the legal dissolution of the relationship)
or a death certificate.
• the marriage/civil partnership is not one of convenience. For further information
on what constitutes a marriage of convenience see Chapter 5, section 8, Annex
A of the European Caseworking Instructions (ECI’s.)
Posted: Mon Jan 16, 2012 9:57 am
by peterparker1983
Thank you both for your excellent assistance. You have put my mind at ease!
Posted: Mon Jan 16, 2012 10:36 pm
by Directive/2004/38/EC
Just an unrelated note: It is worth getting several copies of the long-form birth certificate when you register the birth. They are easy and cheap to get then.
Posted: Mon Jun 03, 2013 10:39 am
by Raj5
If the the Romanian nation who is married to a British national is not exercising his Treaty rights nor his British wife. Can he apply for the British citizenship after completing 5 years in the UK? He has had Blue registration certificate for 5 years but did not work here.
Posted: Tue Jun 04, 2013 1:58 am
by Obie
Marrying a British national, exempt the A2 national from the work restriction. However the fact remains, that if they wish to qualify for Permanent residence Under Regulation 15, they will need to establish they have resided in accordance with the EEA regulation for 5 year, which means they have been a qualified person over this period.
Simply holding a Blue card does not remove this requirement. The only thing that can remove it, is if the British national has resided with the Romanian national as a worker or self employed person in another member state, or the Romanian applied for a Registration Certificate as the spouse of a British national under the Old rules, which can lead to indefinite leave, or in the Case of the Romanian national PR after 2 years.
Under these new rules, it makes no sense going through that procedure.
Re:
Posted: Tue Feb 03, 2015 1:49 pm
by Raj5
Obie wrote:Marrying a British national, exempt the A2 national from the work restriction. However the fact remains, that if they wish to qualify for Permanent residence Under Regulation 15, they will need to establish they have resided in accordance with the EEA regulation for 5 year, which means they have been a qualified person over this period.
Simply holding a Blue card does not remove this requirement. The only thing that can remove it, is if the British national has resided with the Romanian national as a worker or self employed person in another member state, or the Romanian applied for a Registration Certificate as the spouse of a British national under the Old rules, which can lead to indefinite leave, or in the Case of the Romanian national PR after 2 years.
Under these new rules, it makes no sense going through that procedure.
What happens if a Romanian national is married to a British national and is working in the UK since 2009 but gets separated from her British husband in 2011, is she entitled to the British citizenship as she has been exercising her EU treaty rights in the UK for 7 years? Does holding a Blue card for more than a year on the basis of being married to a British national removed working restrictions on her?