Can EU residence card holder joins kid born in the UK?

[Peanut2202]

Hello everyone,

I hope you have good day.

I am Vietnamese nationality, I came to England in June 2013 under Tire 4 student General visa as I pursuit my education by one UK University in Bachelor of Business Administration. I achieved 2:1 in my Bachelor. And now, I am currently in pursuing of Master of Business Administration in Finance. So far, I have been studying in the UK for 3 years continuously under Tire 4 student general visa. My current Visa expires in February 2017. I intended to go to Australia to work and live after I finish my education in the UK. I am pretty sure I can find a job because my education record is fulfilled 2:1 classification.

However, 6 months ago, I fall in love with a beautiful Polish woman. She has been here, England, for 7 years and working as a chief in a Brazilian restaurant. As far as I know, she does not claim any benefits or whatsoever from UK government, she is just working here and pay full tax and she came here since she was 17. She does not have UK residence card yet. All of her family member is in the UK and all working and paying tax, so it is understandable that she intends to live in the UK. It's true that love makes people blind as most of our communication always end up with the word "kid". It seems that god does listen to us. Two months ago, she announced to me that she is pregnant, and we are about to have a kid at the end of December this year. As a man, I know that I have to be responsible for her and my kid at their all best. However, UK immigration law may or may not support my current status to be with her and my kid. And, of course, my visa is about to expire one month right after my kid born.

As I already obtained "permanent residence permit" in Czech Republic in 2007 based on my parent residence status in Czech, which is long time before i met my girlfriend. Plus me and my friend are not married yet. She mentions couple of time about marriage so at least it can support my case to be here with her and my kid. I can work and support them without any concerns.

I have read Article 10 residence card on https://www.gov.uk/government/publicati ... dence-card . But it does not satisfy my case as i expect. I want to have a satisfied document and information before I do any further step with UKBA.

So I want to ask is there any chance or possibilities that I can stay in the UK with her and my kid? Please advice me or provide me any source of information that can be useful for my case. Thanks a lot.

[vinny]

Have you considered marriage?

[Peanut2202]

Lets say we will marry, is it possible?

[vinny]

After marriage, you may apply under the EEA regulations.

[Peanut2202]

Thanks for your advice, it seems that's only way. But what i am trying to say is because i am holding residence card from one of EU states, does it mean anything to UKBA?

[noajthan]

Thanks for your advice, it seems that's only way. But what i am trying to say is because i am holding residence card from one of EU states, does it mean anything to UKBA?

There is no UKBA anymore.

A domestic-issued card (from say Czech Republic) will mean nothing to any other Union country.

An Article 10 or 20 card should serve as an entry 'visa' (although its not a visa) to another member state.

PR cards do not confirm residence for any other random Union state.

It is ofcourse very easy for a French citizen (or indeed any other Union citizen) to up sticks and transfer to Czech Republic. So you have that option whether or not you take the plunge and get married.

[Richard W]

But what i am trying to say is because i am holding residence card from one of EU states, does it mean anything to UKBA?

No.

Firstly, I believe that what you have is not a 'permanent residence card' issued under Article 20 of the Free Movement Directive, Directive 2004/38/EC. Secondly, even if it were, it could only be used for entry in association with the EEA national from whom it was derived.

[Peanut2202]

Thanks guys for your reply. Back to my RC, I can travel around any Europe states with that card without any concerns of border control or what so ever . However, it seems that RC from Czech does not fulfill UK border control. I just want to be with my girlfriend and my kid as they have wills to live in England.

[noajthan]

Thanks guys for your reply. Back to my RC, I can travel around any Europe states with that card without any concerns of border control or what so ever . However, it seems that RC from Czech does not fulfill UK border control. I just want to be with my girlfriend and my kid as they have wills to live in England.

Even if you roam around, you still can't settle in another Union state as you don't have an EEA sponsor.

There is no boy/girl-friend option even under the laissez-faire EU migration route.
So, for UK to get off the ground, its going to have to be wedding bells.

That is assuming you stick with EU (not UK) migration route and gf does not fancy doing Surinder Singh somewhere.

[Casa]

Does your girlfriend have legal residence in the UK? Your opening post on this is unclear.

[vinny]

Probably.

However, 6 months ago, I fall in love with a beautiful Polish woman. She has been here, England, for 7 years and working as a chief in a Brazilian restaurant. As far as I know, she does not claim any benefits or whatsoever from UK government, she is just working here and pay full tax and she came here since she was 17.

[Peanut2202]

Thanks guys for responses,

Hope you all best,

Well, my girlfriend does not have any residence status here in the UK yet, she loves working so it seems she forget to apply such kind of thing. From what you guys saying above, marriage is only way that may help me in this case.

[Peanut2202]

the card status is "Trvaly Pobyt/Permanent Residence E", there is EU sight on it, it look exactly like UK residence card, just difference in name of the states that issues it. Its biometric card with chip insides, my photo, finger prints, eyes, address in Czech, and all of other stuffs like name, DOB, nationals, sex. All i want to know is maybe this card can help me somehow in application for further stay in the UK?

[noajthan]

Thanks guys for responses,

Hope you all best,

Well, my girlfriend does not have any residence status here in the UK yet, she loves working so it seems she forget to apply such kind of thing. From what you guys saying above, marriage is only way that may help me in this case.

Your gf does not need a 'visa' nor any official documentation to live/work/study in UK;
simply being an EEA national who is working makes her a qualified person by the power of EU free movement and treaty rights.

[noajthan]

the card status is "Trvaly Pobyt/Permanent Residence E", there is EU sight on it, it look exactly like UK residence card, just difference in name of the states that issues it. Its biometric card with chip insides, my photo, finger prints, eyes, address in Czech, and all of other stuffs like name, DOB, nationals, sex. All i want to know is maybe this card can help me somehow in application for further stay in the UK?

The card might have helped with entry (if accompanying/joining your original EEA sponsor) into UK but you appear to be in UK already. That's it.

You may be able to use the Czech PR card to help you acquire citizenship of Czech Republic.
Then you would be free to live, work, study in any Union state in your own right; (including UK, assuming no Brexit).

[vinny]

As an EEA citizen, applying for residence documents is only confirmatory.

She probably attained PR by now, perhaps subject to WRS ending, if she was working, or as a child of qualified EEA parents.