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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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I am British and my Nigerian girl friend just had a baby for

Resolved Question:

I am British and my Nigerian girl friend just had a baby for me. How caan I apply to regularise her stay here in UK
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
My daughter was delivered on 2 August 2015. i got her British passport in September 2015. My girlfriend came in with visiting visa and she has now overstayed. We have records to proof that we have lived together for 18 months now. At the moment I am a full time Law student.
Expert:  Buachaill replied 1 year ago.
1. Dear *****son, you will be able to apply for a non-European Economic Area family permit for your Nigerian girl friend based on your relationship with her and the fact she is expecting your child. Normally, evidence of a two year relationship is needed to get a non-EEA family permit. However, where she is expecting a child, this time period can be foreshortened. Here is a link to how you can apply and the required forms on the UK government website https://www.gov.uk/family-permit/overview. Be aware that the initial family permit for her will be for six months. At the end of these six months, she can apply for a residence card which then lasts for five years. Upon being resident in the UK for five years she can apply for settlement and Indefinite leave to remain. She can then get citizenship one year after that. Alternatively, if you want to get married to her, she can apply for citizenship after three years of marriage to you living in the UK.
Expert:  Buachaill replied 1 year ago.
2. Be aware that now she has a UK citizen child she can apply to remain based on her parentage of a British citizen child. This is because you need to show an income of at least £18,600 per annum if you wish to obtain an EEA family permit for her. There is no such income threshold where she has a UK citizen child.
Expert:  Buachaill replied 1 year ago.
3. As you are a law studuent, I imagine showing an income of in excess of £18,600 will be a problem. So apply based on her parentage of your child. This is based on the Zambrano decision of the European Court of Justice and provides that every non-EU parent of an EU citizen child can live and work anywhere in the EU to support that child.
Expert:  Buachaill replied 1 year ago.
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Customer: replied 1 year ago.
What particular form do I need to fill out? My point is to apply for her on the Zambrano decision of the European Court of Justice.
Customer: replied 1 year ago.
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Expert:  Buachaill replied 1 year ago.
5. Here is a link to the form your girlfriend and you will have to fill in to make the application in accordance with the Zambrano ruling https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/500727/FLR_FP__Version_11-15.pdf. Be aware that she can move towards citizenship under this route as well, after five years. Please note that I do not provide a Phone Call Service. If you wish a phone call, another expert will assist you.
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