some advice please!

[bossanovaboy]

Hello everyone!

I'm looking for some advice for a friend of mine. She has a cuban passport and a 6 month visa that expires in december. She wants to stay in England longer than the 6 months maybe even forever. Is marriage the only way for this to happen???

thanks.

[Casa]

Student visa if she has £20,000 or so...Work Permit if she qualifies...but even if she married she wouldn't be able to apply for a visa to remain from within the UK...she'd have to return to Cuba to do this.
Is she over 21?

[bossanovaboy]

Thanks for that.

She's 18, is that good or bad???

[vinny]

Not good if applying on the basis of marriage with a British or settled citizen.

[Casa]

The link that Vinny has given you will show that she would not be able to apply for a Spouse visa (marriage) until both her and the person she would be marrying are over the age of 21.

[Mr Rusty]

She came with a visit visa which was granted on the understanding that she would return to her own country.
So what's happened to change her mind, or did she never intend to go back?

[bossanovaboy]

Well me and her are in a relationship, I'm a British citizen. She doesn't like the life she has in Cuba and would rather be here. Her sister is married to a British citizen here in England.

[Mr Rusty]

.... She doesn't like the life she has in Cuba and would rather be here....

That places no obligation on the UK to take responsibility for her, and neither that nor her sister's presence here provides any basis for an application.
She should observe the terms of her visa and leave the UK before it expires.

[bossanovaboy]

theres more to her story that i dont know yet so the only way is working visa or student visa at the moment?

maybe i misunderstood her but she that if she goes back to cuba at the end of her visa she cant leave cuba for 3 years. is that correct?

thanks.

[Casa]

Cuba does have restrictions on travel and re-entry for Cuban nationals.
She may be right. I've previously read that Cuban nationals are also refused re-entry (to Cuba) if they have remained out of the country over a specified period of time.
You still have the problem though that even if you married in the UK with a Certificate of Approval from the Home Office and she then returned to Cuba to apply for a Spouse visa (which she would have to do), this would be refused as she is only 18.

[newperson]

Another option is that you marry her (somewhere) and go live together in Ireland, the Netherlands, Spain or some other EU country for, say six months. As the British citizen you would need to be exercising your EU treaty rights by working or studying. She would accompany you as your spouse.

After those, say, six months are up you would apply for a spousal permit for her to join you back in the UK under EU laws. Then you could move back to the UK together.

I don't know about the specifics of this route. I'm just putting it out there. Others with more experience may like to comment. But it is a big to-do for both you and her. I'd make sure the relationship is a keeper!