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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10624
Experience:  Barrister 17 years experience
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I am expecting a baby in may but my partner is from

Resolved Question:

Hi I am expecting a baby in may but my partner is from Argentina. He comes to the uk every summer on a 3 month work permit or tier 5 visa. Will he now have rights to enter the uk if he has a child here?
Submitted: 1 month ago.
Category: Law
Expert:  Buachaill replied 1 month ago.

1. Dear Sophie, under the Zambrano ruling of the European Court of Justice, a non-EU father, such as your Argentinian partner, has the right to both live and work in any country of the EU, including Britain, to support that EU citizen child, which your child would be as it will be a British citizen.

Customer: replied 1 month ago.
What visa would he need?
Expert:  Buachaill replied 1 month ago.

2. This means that once your british citizen child is born, your Argentinian partner will be able to apply for a visa to both lIve and work in the UK. So, once the child is born, you should register him as father of the child in the Birth Certificate.

Customer: replied 1 month ago.
What type of visa and how much would that cost?
Expert:  Buachaill replied 1 month ago.

3. Your partner would apply for an EEA Family Permit. Here is a link to the Government webpage which sets this application process out https://www.gov.uk/family-permit. The visa is free.

Expert:  Buachaill replied 1 month ago.

4. Essentially, your Argentinian partner would both have a retained right of residence and also be a family member of an EU citizen child.

Expert:  Buachaill replied 1 month ago.

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