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Girlfriend lives in UK on parents visa, can she leave home?

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scootnfast
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Girlfriend lives in UK on parents visa, can she leave home?

Post by scootnfast » Tue Apr 17, 2007 12:09 am

Hey, can someone help please. My girlfriend lives over here with her mum and she is 16 and came into this county on her parents passport. Is it ok for her to move out and for us to get our own place without her parents permission and also without her applying for a visa as she has one on her parents.

Please help, im struggling.

Thanks

Wanderer
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Re: Girlfriend lives in UK on parents visa, can she leave ho

Post by Wanderer » Tue Apr 17, 2007 12:18 am

scootnfast wrote:Hey, can someone help please. My girlfriend lives over here with her mum and she is 16 and came into this county on her parents passport. Is it ok for her to move out and for us to get our own place without her parents permission and also without her applying for a visa as she has one on her parents.

Please help, im struggling.

Thanks
What visa is she on? Or more precisely what visa are her parents on?

scootnfast
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Post by scootnfast » Tue Apr 17, 2007 12:21 am

Not 100% sure, but i assume its a permanent as she works here in the uk and my girlfriend is a student at school and has a bank account. Her mum is being arkward as she dont want us together (for reasons unknown) so we would like to get our own place but we want to make sure its legal incase she sends her back to her home country as she is 16 (17 end of this month)

Thanks in advance

Wanderer
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Ireland

Post by Wanderer » Tue Apr 17, 2007 12:48 am

scootnfast wrote:Not 100% sure, but i assume its a permanent as she works here in the uk and my girlfriend is a student at school and has a bank account. Her mum is being arkward as she dont want us together (for reasons unknown) so we would like to get our own place but we want to make sure its legal incase she sends her back to her home country as she is 16 (17 end of this month)

Thanks in advance
Sounds like WP or HSMP then....

The way I see, and I could be wrong, is she is a dependent on one of her parents visa, now if she leaves home lives with you she ceases to become a dependent thereon. So she would need a visa on her own account.

Being 17 I dunno - how can she get one? Marriage to you is one way - not recommended, has to be student visa.

So, the way I see it is if her parents aren't playing ball, she'd need to apply for a student visa to continue her studies here, I think she can do it in country without returning home but I'm no expert here. It will cost tho, our student visa was 260 quid in country and I think they've gone up......

But student visas are for degree level courses so that won't work - arrghh!

I dunno mate, she's 17 (soon) still a minor in the eyes of the visa world, when she turns 18 the fun will start cos if she's not wholly dependant on her parents she'll have to go home. Full stop.

Wait for others on this while I think!

John
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Post by John » Tue Apr 17, 2007 9:02 am

scootnfast wrote:Her mum is being arkward as she dont want us together (for reasons unknown)
You don't know? I suspect the great majority of the readers of this Board know only too well what the reason is, without ever meeting the girl or you.

Suspect it is because mother thinks she is simply too young to be romantically linked. And maybe she thinks that you are also too young?

A prospective change to the immigration law is going to make life even more difficult for you. Even if the two of you succeed in getting married somehow be aware that within the next year it is highly likely that the Government will raise the minimum age for spouse visas from 18 to 21, and the same restriction applying to the sponsor of such an application.
Not 100% sure, but i assume its a permanent as she works here in the uk
Sorry, you have to be a lot more specific about the type of visa held by your girlfriend, and also by her parents. For a start, how long has your girlfriend been living in the UK?
John

sakura
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Post by sakura » Tue Apr 17, 2007 12:10 pm

I don't think her mother is being awkward...she is 16, still a child, no? Well, always a child to her mother, whatever her age. How old are you, scootnfast?

If her mother is on a WP/HSMP/Student visa or similar category, I don't think she can move out, as she is her mother's dependent. Even so, if her mother refuses to let her go, what can she do? Not trying to scare you, but I don't think the girl has much say, being a dependent - her mother can just send her back home, BIA probably wouldn't bat an eyelid about that. How long has she/her parents been in the UK? Is she/are they planning to stay indefinately?

Age of consent to marry is 18, 16 with parental consent...but I doubt mummy will say yes.

Wanderer...student visas aren't only for degrees, but other levels (mostly...public schools, EFL/English schools, training, etc)...but she might not be able to get a visa because;
1. her age...she might not be able to study in a state school if she needs a visa...will need to be self-funded (public/independent school for A levels...)
2. who will sponsor her? Not mum, anyway. Scootnfast? How old are you, what work do you have?

BTW....if you move out, how will you support each other? She cannot claim any public funds, so housing benefits (for her) is out of the question. She might be able to work, not 100% sure...but doing what? At Tesco (no offence to those who do work there)? What about her education.....best to make some sort of reconciliation with her mum and don't try and get her sent back home...I am thinking her mother can very well do that.

scootnfast
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Post by scootnfast » Tue Apr 17, 2007 4:48 pm

Thanks to all your replies. So what I am understanding is she cannot move out as she relies on her parents and her visa, if she did move out her mum can send her back home?

Kind Regards

John
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Post by John » Tue Apr 17, 2007 10:25 pm

So what I am understanding is she cannot move out as she relies on her parents and her visa, if she did move out her mum can send her back home?
Actually, what you seem to be failing to understand is that unless you post details of exactly what type of visa she has, no one is able to give any sort of answer to your question.
John

scootnfast
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Post by scootnfast » Wed Apr 18, 2007 9:38 pm

Its a settlement visa and her mum is a dependant. Could you also please check my other post out as ive found out she is pregnant.

Many thanks

John
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Post by John » Wed Apr 18, 2007 10:50 pm

Its a settlement visa and her mum is a dependant.
Sorry, that is not definite enough. It could mean a number of things.

Your girlfriend, when does her visa expire? Or does it say "Indefinite Leave to Remain"?
John

scootnfast
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Post by scootnfast » Thu Apr 19, 2007 12:29 am

Thanks for your help. It expires 22nd Feb 2008. Does that help?

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