Girlfriend on Student Visa and Preganant

[Sam26]

Hi,

I am a British Citizen and my GF who is on a student Visa and is now preganant. Does she still get all the benefits/services from NHS or not?

And

If i want to marry her, can we apply here OR does she need to go back to India? i have read something like 'permission to marry'

Waiting in antcipation

Ricky

[JAJ]

Hi,

I am a British Citizen and my GF who is on a student Visa and is now preganant. Does she still get all the benefits/services from NHS or not?

I would think that the answer is yes.

Bear in mind that under the new rules in place (since 1 July 2006), you will be able to pass on your British citizenship to the child even if you remain unmarried when he or she is born. However, you will need to be named as the father on the birth documentation otherwise the situation gets complicated.

An important question (see below) is how long her student visa is valid for, and how much time is left on it.

If i want to marry her, can we apply here OR does she need to go back to India? i have read something like 'permission to marry'

Waiting in antcipation

Ricky

See this page:
http://www.ind.homeoffice.gov.uk/applyi ... ivilpartne

She will need a Certificate of Approval to get married in the UK, unless you plan to get married in a Church of England church (or an Anglican church in Wales).

"If you don't have settled status in the UK, you will need to apply for a certificate of approval from the Home Office. To qualify for a certificate of approval, you must normally have been granted leave to enter or leave to remain for more than six months and three months of that leave must still remain. If you don't qualify, you will need to return to your country of origin, or the country in which you are normally resident and apply for a visa there ... The rules do not apply if you plan to get married at an Anglican Church in England or Wales, after marriage banns or an ecclesiastical licence. You must contact a member of the clergy at the church where you plan to get married to make the appropriate arrangements."

After marriage, she will need to apply to switch to spouse status. This should not be a problem as long as her student visa was issued with a validity of more than 6 months.

Other members with more knowledge of the Immigration Rules may be able to add to or correct this.

For a variety of reasons,you should try to ensure your child is born in the United Kingdom rather than India.

[Sam26]

Thanks for your help.

I also have another problem. A huge one infact!!

We are both married to other people and seperated - but NOT divorced

She wants a divorce from her husband(who is in India) but he is refusing to do so.

Can she apply for divorce from the UK or does she need to go to India to apply for a divorce.

Not sure if anyone is to answer this question. Worth a try anyway!!

And on her student visa and passport her name is as MISS NOT MRS.

[Sam26]

You mentioned that UNDER THE NEW RULES

My British Citizenship will be passed on to my child, even if im not married as long as my name is on the BC.

How can this actually help us?

Regards

Sam

[JAJ]

Thanks for your help.

I also have another problem. A huge one infact!!

We are both married to other people and seperated - but NOT divorced

She wants a divorce from her husband(who is in India) but he is refusing to do so.

Can she apply for divorce from the UK or does she need to go to India to apply for a divorce.

You need to see a UK family law solicitor to answer this question.

Bear in mind that even if she can divorce in the UK, the divorce may not be recogised in India. That of course may not be a problem if she plans to stay in the UK and become a British citizen, however you need to be aware of it. Only an Indian family lawyer could answer that question.

How long have you been living together? Is there any basis to apply as unmarried partners,if this kind of situation is allowed for in the Immigration Rules? (you may need an immigration lawyer).

[JAJ]

You mentioned that UNDER THE NEW RULES

My British Citizenship will be passed on to my child, even if im not married as long as my name is on the BC.

How can this actually help us?

It will save you the GBP200 you would otherwise have had to spend to register the child as a British citizen with the Home Office!

Whether a British citizen child can give rise to any kind of immigration concession is something only an immigration lawyer can answer.

[ppron747]

You mentioned that UNDER THE NEW RULES
My British Citizenship will be passed on to my child, even if im not married as long as my name is on the BC.
How can this actually help us?

It won't help you - unless your girlfriend succeeds in getting a divorce before the child is born.

The new rules - explained here - provide that, for the purposes of the British Nationality Act 1981, where the child's mother isn't married, the father is the man named on the child's birth certificate. This, I think, is generally good news. However, there's a flip side; where the mother is married, the father of a child is the husband of the child's mother - even if, as in this case, the husband and wife are separated by several thousand miles. There is no provision for this to be overridden by (eg) DNA testing - or even commonsense.

Frankly, I think the rules were botched, because it means that someone in your future child's situation could be effectively stuck with the "wrong" father for British Nationality purposes, and would need to be registered as a British citizen, rather than getting British citizenship automatically.

I think it would be in your girlfriend's interests to consult a lawyer on the question of divorce, as soon as possible. There's no need for you to be married before the baby arrives - or at all - but it could be important that she is at least no longer married to her husband by the time the big day comes...

[JAJ]

You mentioned that UNDER THE NEW RULES
My British Citizenship will be passed on to my child, even if im not married as long as my name is on the BC.
How can this actually help us?

It won't help you - unless your girlfriend succeeds in getting a divorce before the child is born.

The new rules - explained here - provide that, for the purposes of the British Nationality Act 1981, where the child's mother isn't married, the father is the man named on the child's birth certificate. This, I think, is generally good news. However, there's a flip side; where the mother is married, the father of a child is the husband of the child's mother - even if, as in this case, the husband and wife are separated by several thousand miles. There is no provision for this to be overridden by (eg) DNA testing - or even commonsense.

Frankly, I think the rules were botched, because it means that someone in your future child's situation could be effectively stuck with the "wrong" father for British Nationality purposes, and would need to be registered as a British citizen, rather than getting British citizenship automatically.

I think it would be in your girlfriend's interests to consult a lawyer on the question divorce, as soon as possible. There's no need for you to be married before the baby arrives, but it could be important that she at least is no longer married to her husband by the time the big day comes...

Paul
That's a very good point which I'd omitted to consider.

Would the Home Office consider a section 3(1) registration application in this situation, if it's not possible to get a divorce before baby arrives?

[ppron747]

Yes, they would, JAJ - I'm certain of it. But it wouldn't prevent young Master or Miss Sam26's being saddled for life with an inaccurate birth certificate - something best avoided, IMO...

Actually, I've had a further thought - given that the new rules are so new, solicitors may not be fully aware of them yet - or may not have had a chance to study the glorious mess that the wording creates - it would probably be a good idea to note down the details so that Sam26's girlfriend can go armed with them when she sees the lawyer....

[JAJ]

Yes, they would, JAJ - I'm certain of it. But it wouldn't prevent young Master or Miss Sam26's being saddled for life with an inaccurate birth certificate - someting best avoided, IMO...

But wouldn't the birth cert name the real father? Isn't the problem that the father on the birth cert would not be considered the "father" for the purpose of the British Nationality Act 1981?

But it does mean that Sam26 would need to pay GBP200 and wait a month or two for the child to become a British citizen. And that's not allowing for any potential confusion in the Home Office.

[ppron747]

But wouldn't the birth cert name the real father? Isn't the problem that the father on the birth cert would not be considered the "father" for the purpose of the British Nationality Act 1981?

Yes - you're probably right there, although the "default" would be to name a married woman's husband on the B/C, so it would certainly take an argument to get the true facts reflected in the entry. I wonder if the Home Office even thought of talking to the General Register Office (or anyone else) before bringing in the regulations?

[Administrator]

.

Hi Sam --

As you can see, there are several folks here who can offer guidance. But, maybe you could be a bit more straightforward regarding your intentions ..?

Your case offers several different forks for decisions and strategies. You don't have to discuss them with us, but you & your GF should consider them very clearly.

Do you wish to be married?

If this is your goal, it will define a number of tasks and the priority required.

One task, regardless, is to get you named on the birth certificate ... somehow.

Consider also, given the marital status of each of you, you may be in the unfortuante position of having to prove the child is yours to qualify for some or all NHS benefits; not sure what rights your Miss gets as a foreign-born student.

Do you have the resources for a DNA test? I can't answer the question, but it seems that you can get documentation and a ruling in place if such or similar evidence can be properly submitted. I'm imagining maybe a court order of some sort, which can then be provided to all relevent parties at need in the future.

This may help with health benefits as well as getting you named on the birth certificate. You need legal advice on this, but maybe a court order will be required to ensure your name appears on the birth certificate, given your current circumstances.

You state that she's on a student visa. The institution she's a student of can make a difference here. If she's studying for computer engineering at Oxford there are different resources (legal and medical) available than Diedres Manicure School and Hair Salon ....

When does her student visa expire? Can it be renewed, or will she have to switch to a different visa to remain?

How long has your Miss been separated from her husband? Is there evidence he is refusing the divorce on malicious grounds? These factors may help in getting her marriage declared in valid or some similar status.

Clearing some of the distraction by getting yourself fully unmarried is certainly a helpful factor.

If, for example, her student visa runs out, trying to get an intent to marry could hinge on documentation that divorces are in-progress. Or, at least documentation that you are engaged in very serious effort to do so.

Again ... what are your intentions ..? Do you want to be married with this woman? Do you want your family unit all British nationals? This will define your focus and your battlefields.

A "Hail Mary" option that occurs to me .. depending on your religious affiliation, you may be able to go to a/your church and discuss her conversion to their faith. The church may then be able/willing to offer various assistance on several fronts here.

I'm assuming you wouldn't try this as a mechanism since it would probably fail and backfire on you ... but, if you and your Miss are of such religious leanings, you may find significant support on that front.

Luck to you, guy.

The Admin