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Ask Frantz I Your Own Question

Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 231
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I am a UK citizen who has been living and working (teaching)

Customer Question

I am a UK citizen who has been living and working (teaching) in Myanmar since August last year. I am looking to return to the UK in June with my new girlfriend, who I met in Myanmar, and her son. She has a Rwandan passport and his is South African. She is also still married, although she is looking to start divorce proceedings in the near future. We are looking to settle in the UK either this year or next year, I will have a contract of employment before I return and I have my own house to live in. I am considering 2 options, either to work possibly in Spain for a year, or return directly to the UK this year. Can you please explain the practical legal proceedings we need to consider for both options?
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Frantz I replied 9 months ago.
HelloThank you for your enquiry. The first issue is that your girlfriend will have to be divorced from her previous relationship before you can make any family based application as a spouse (or unmarried partner) to settle in the UK under the immigration rules or as a family member under EEA law. As a British citizen working in Spain for a year, if you decide to return to the UK the Surinder Singh principle would allow you to apply to bring your girlfriend as an extended family member under EEA law (or as a direct family member if you are married to her). It is fairly easier and cheaper to apply under EEA law than it is under the immigration rules. If on the other hand you choose to return to the UK directly, you can only bring your girlfriend as an unmarried partner (unless married) under the immigration rules. You will need to meet the financial requirement and the relationship requirements amongst other requirements. Applications under the immigration rules are expensive and are extensively scrutinised by the Home Office department. There are no legal proceedings to consider at this stage. All you would need to do is apply for a visa for your girlfriend either under EEA law or the immigration rules. Your girlfriend's child will also need to be included as your family member in any application made. **********************************************************************This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.

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