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US CITIZEN TRYING TO JOIN PREGNANT GF IN UK NORTH IRELAND

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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hsol8357
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US CITIZEN TRYING TO JOIN PREGNANT GF IN UK NORTH IRELAND

Post by hsol8357 » Tue Oct 30, 2018 7:21 am

I am a US citizen currently living in the United States, Washington DC. My girlfriend & I met via Instagram. We have maintained a long-distance relationship since March 2018. By Aug. 21st we finally met and spent about a month together Sept. 19th. Upon returning home we had made plans for her visit, but on Oct. 23rd her doctor confirmed she was pregnant after her 2 positive test results. She is Polish & has been living in Northern Ireland for 11 years and working at the same job as a nurse for 11 years. Before the news of our pregnancy we had already planned on marriage. There is a sense of urgency to want to be with her as soon as possible. I have read up on alot of the gov.Uk website's concerning Visas. She wants to stay in the UK & have the baby which I totally agree with. So at the moment I am trying to get answers if I should be be applying for an EEA FAMILY PERMIT? I understand I can not show evidence of us living together for at least 2 years & we now plan to get married after the baby is born. It says on the website everyone situation is different. Her due date will be in early June. Am I doing the right thing applying for an EEA FAMILY PERMIT? I want to be able to work and receive healthcare. I am aware I will have to pay for that as well. I also know the family permit is only good for 6 months which than I will have to apply for an extension. I need some guidance with this situation? This board is the closest thing I found where I can possibly get some answers. Please any feedback will be very helpful. Thank you.

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Casa
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Re: US CITIZEN TRYING TO JOIN PREGNANT GF IN UK NORTH IRELAND

Post by Casa » Tue Oct 30, 2018 11:38 am

You won't qualify for an EEA Family permit or as an extended family member as an unmarried partner. You should consider applying for a fiance visa under the UK Immigration Rules which would require you to marry in the UK within 6 months.

You wouldn't be able to work or have entitlement to free healthcare until you have switched to FLR(M) after the marriage. In addition to the visa fees you will also have to pay the NHS Surcharge. The NHS surcharge is currently £500 but is expected to increase to £1,000 in December 2018.

Alternatively, marry outside of the UK and apply for an EEA Family permit.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

secret.simon
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Re: US CITIZEN TRYING TO JOIN PREGNANT GF IN UK NORTH IRELAND

Post by secret.simon » Tue Oct 30, 2018 2:51 pm

hsol8357 wrote:
Tue Oct 30, 2018 7:21 am
She is Polish & has been living in Northern Ireland for 11 years and working at the same job as a nurse for 11 years.
I would strongly suggest that she apply for a DCPR (Document Certifying Permanent Residence) as soon as possible. That will ensure that it would be easier for the child to acquire its British passport (and Irish passport as well if born in Northern Ireland) and make it easier for her to sponsor you under the UK Immigration Rules (which require the sponsor to be a "person settled in the UK" for a fiancé visa).

But you are not eligible for an unmarried partner's application under either EU or UK law. A month's stay together may not be seen as being the equivalent of an unmarried partner, which is interpreted in the UK as "a relationship akin to marriage", with joint financial commitments and staying together for at least two years.

Alternatively, you would acquire an automatic right of residence in any EEA member-state that she resides in (except the ones where she is a citizen) if you are married to her. Apparently, from comments on these forums, Denmark is the easiest EEA member-state to get married in (the EU equivalent of Vegas). Or you could get married in the States.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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