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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience:  UK Lawyer holding practising certficate for England & Wales.
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i am a uk citizen and my girlfriend in USA is pregnant we want

Customer Question

i am a uk citizen and my girlfriend in USA is pregnant we want to be together but neither of us are working as have just done gap year aged 21 what can we do
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
I note you have done a gap year. What will you be doing over the next 12 months or so?
Kind regards,
Tom
Customer: replied 2 years ago.

Hi

Well my plan was before the pregnancy was to go back out to Camp America again in June through to September, we were then going to plan what to do next in our relationship. Pregnancy has obviously changed this, we are planning to remain in a relationship and we are still planning to meet again at Camp America, we are now unsure of the best way forward, is it easier for us to live in Uk or USA.

Kind Regards

Ewan

Expert:  Thomas replied 2 years ago.
Hi Ewan,
Drafting your answer now. 5 mins please.
Tom
Customer: replied 2 years ago.

HI

ok thanks.

Ewan

Expert:  Thomas replied 2 years ago.
Hi Ewan
Thank you for your question and patience, I’m Tom and I’ll try to help you.
I’m afraid that you are in a difficult position.
If you are in a relationship with her and will marry then the home office will view that a spouse visa application is the most appropriate visa application. However there is a problem.
The webpage on spouse visas is here:
https://www.gov.uk/join-family-in-uk
The eligibility criteria is here:-
https://www.gov.uk/join-family-in-uk/eligibility
If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:-
• you and your partner are both aged 18 or over at the date of application;
• your partner is a British Citizen, or is present and settled in the UK, or is here with refugee leave or humanitarian protection;
• your partner is not related to you in a way that means you could not marry in UK law;
• you and your partner have met in person;
• your relationship with your partner is genuine and subsistingif you are married or in a civil partnership, your marriage or civil partnership is valid in UK law;
• if you are not married or in a civil partnership you have been living with your partner in a relationship akin to marriage or civil partnership for at least 2 years prior to the date of the application;
• you meet the suitability requirements
• any previous relationship has permanently broken down (this does not apply to certain polygamous relationships);
• you and your partner intend to live together permanently in the UK;
• You must meet the financial requirement:-
• https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdf
• This means that the UK based spouse must earn a minimum income threshold of £18,600. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two.
• You would also have to show that you meet the English language requirement:-
• https://www.gov.uk/join-family-in-uk/knowledge-of-english
The problem is with the financial requirement. I assume you do not have cash savings between you in excess of £16000.00. Please let me know if you do and I will amend.
This means that in order to meet the financial requirement for her to get a spouse visa you must be able to show that you have income (eg. salary) above £18600.00 per annum and have received this for 6 months prior to when she applies if you are working in the UK prior to her application.
At this stage this would rule out an application for a spouse visa by her.
If you were not in a relationship but had a child and there was a contact order ordering that you have contact with the child then she could apply for a visa based on her being parent with rights in respect of the child, but as you are in a relationship this does not seem an option.
At this stage your options are limited:-
1. She can see if she can apply for a another visa independent of your status ( Student visa (https://www.gov.uk/tier-4-general-visa/overview) or a tier 2 general sponsored worker visa (https://www.gov.uk/tier-2-general/overview)
2. If you are all able to relocated to an EEA country for at least 4-6 months then an EEA family permit under the Surinder Singh ruling is a possibility. There is no financial requirement in this way https://www.gov.uk/family-permit/surinder-singh
3. You can attempt to find employment in the UK above the salary rate so that she can apply for a spouse visa once you have received salary from this role for 6 months.
Obviously, you should investigate whether the child is eligible for UK citizenship based on your UK citizenship. If the child is not eligible then the threshold income level increased to £22, 400.00 per annum
I really am sorry that I could not have better news for you.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Can you explain to me if there is another visa option open to us. I think I have read somewhere that if we can prove we have been in a relationship for two years we can apply for a Visa to remain in UK is this correct ?

Also what are my options for moving to USA ?

Thanks

Ewan

Expert:  Thomas replied 2 years ago.
Hi,
I think you are talking about being "unmarried partners" for the purpose of the visa rules, in order to be unmarried partners you must generally show that you have cohabited (ie. lived together) for 2 years in a relationship similar to married (there is a small element of flexibility though).
However, the eligibility criteria for a unmarried partner visa is otherwise the same as a spouse visa in that you would still have to meet the financial criteria. I am sorry.
I am a UK solicitor so I cannot really comment on your US options you would have to submit a question to the US immigration law category for a US attorney to give you a view on this I'm afraid.
Tom
Customer: replied 2 years ago.

okay thanks thats clear

Expert:  Thomas replied 2 years ago.
You're welcome.
Tom

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