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frantzgregory
frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 633
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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Citizen residing legally in Spain with Russian national who

Resolved Question:

I am UK citizen residing legally in Spain with Russian national who is in posession of Spansh residency through being my registered partner. The "registered partner" concept does not exist in the UK so is therefore not recognised. We have been together for less than 2 years and cohabiting for 10 months and she is 6 months pregnant. I have been offered a job in the UK and would love to take it up but will not leave her in the final trimester of her pregnancy. We doubt we are eligible for unmarried partner visa as we have not been together for long enough. We could get married in Gibraltar and apply for a spouse visa but are afraid this risks being viewed as a marriage of convenience. Any advice on how to proceed greatly appreciated.
Submitted: 1 month ago.
Category: Immigration Law
Expert:  frantzgregory replied 1 month ago.

Hello

The Srinder Singh principle under EU law should apply in this case. Under EU law, the 2 years relationship rule does not exist but the Home Office sometimes tries its luck in referring to this with EU applications and it shouldnt. However, under EU law, your marriage must not be seen as a marriage of convenience. It is unlikely your would be as you both have a child on its way and you have lived together for 10 months. The 2 year rule only exists under British immigration laws. I would suggest applying for an EEA family permit for your wife under the Surinder Singh principle. There is always the better option to get married if that is what you want.

Customer: replied 1 month ago.
We have no problem getting married in Gibraltar if that expedites the visa. We just want to know which route would be best to take. I note that Home Office ECO guidance states that visa applications made immediately after obtaining marriage certs are likely to be viewed as "as convenience" and I would not want to jeopardise our application in this way. HO guidance clearly states that existing children may cause a relationship to be viewed by ECOs as durable but pregnancy is not explicitly mentioned and I am concious of the tendency for civil servants to take guidance very literally indeed.My questions are as follows:
1. Would the pregnancy be a help or hindrance for the application process of either visagiven that the HO may deem that she is ostensibly a health tourist or is this consideration outside of the ECO's remit?
2.Do you happen to know if she would be eligible to free NHS natal care on either visa and what are the lead times of each type of visa?
3. Is one visa more easy to obtain than the other?
4. Since we intend to settle permanently in the UK, would either visa make future applications more complex?
Expert:  frantzgregory replied 1 month ago.

Well if you prefer you should seek legal advice as experts on JA do not give legal advice. I have given you the available option you should follow. If you have been in a genuine relationship as you say you have and you have the evidence of your relationship and you are expecting a child from your relationship and you both decide to get married, how can that be interpreted as a marriage of convenience. If your partner is granted an EEA family status she will be entitled to use the NHS. EEA applications and options are simple and straightforward and are inheritably easier to obtain.

Expert:  frantzgregory replied 1 month ago.

Please can you rate? I don't get paid for helping you if you forget to rate

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