How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Buachaill Your Own Question
Buachaill, Barrister
Category: Immigration Law
Satisfied Customers: 10974
Experience:  Barrister 17 years experience
Type Your Immigration Law Question Here...
Buachaill is online now

My partner soon to be husband and are trying to apply

Customer Question

My partner soon to be husband and are trying to apply for my rights to live with him in London. We have one son together whom was born January 2015. I had my son in London as an American citizen. So far I have overstayed my visa because we were have an application put in for a family permit. My son has a US passport and a German passport. What are my rights to stay with my family? Do I have to go back to the US to file for the application and marriage living rights? We also might be moving back to Germany or to Luxembourg in the early new year. That is why we are unsure on what to do because the process can be costly.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Buachaill replied 2 years ago.
1. Dear Tanya, can you better explain the situation. What passport does your partner hold? What type of visa is he on in the UK? Has he also overstayed? Do you have any other passport, other than the US passport?
Customer: replied 2 years ago.
Sorry I was in a rush.. I (Tanya) only have a US Passport. My Partner Baki has a German Passport. Our son Lev whom was born January 29, 2015, has a US passport but just received a German Passport as well. Right now I am staying with my partner whom resides in London for work. He has been in London for 3 years now because of work. He is from Germany. We had originally put action towards applying for a family permit Visa for myself, but through my partners work found out we most probably will move to Germany in February. This has still yet to be confirmed. What are our options for gaining rights for myself (Tanya) to stay with my partner. Whether it be London, Germany, or Luxembourg. (All potential place we will live in the next year.) My partner and I also intend to marry, as of now we are not married. Is this something we can do in London or would I have to take care of all of this back in New York where I am originally from. What are my options with the knowledge that I have overstayed my visa... however I do not have a bank account here, I am fully dependent off of my partner. I do not use the health services, or have a job here. I pay for everything and can give proof that when my son was born we had paid for his birth. Mentioning this as I am not using the services as a citizen of London. I hope this is a bit more clear.
Thank you for the assistance.
Customer: replied 2 years ago.
To further clarify I have been in London now on and off since January 6th. I have left for 2-3 weeks at a time. So I traveled about every month.
Expert:  Buachaill replied 2 years ago.
2. Dear Tanya, the best option for you is if you apply for an EEA family permit because this will then allow you to work and live in both Luxembourg and Germany without applying for a fresh visa. However, the downside of applying for an EEA Family permit is that you must apply for it from outside the UK. So, if you leave for 2-3 weeks at a time, you should apply for it the day you leave. Applications under this heading must be dealt with within 8 weeks of the application being made. The normal time delay is three weeks to four weeks. So I would suggest you apply for it during one of your absences. Be aware that as you are an overstayer, you are technically in breach of Immigration Regulations. However, you can always challenge any potential deportation order as you have a right to live in the UK both because you are the partner of an EU citizen and also because you are the mother of an EU citizen child.
Expert:  Buachaill replied 2 years ago.
3. Be aware that you have to be living with your partner, Baki, for two years in order to qualify for an EEA family permit. However, if you haven't been, you can apply as mother of your EU (German) citizen child as the mother of an Eu citizen child has the right to live and work in the EU to support that child, in accordance with the Zambrano JUDGMENT. Here is a link to the documents you must provide for an EEA family permit Applications are made online, so you need to fill out an online form here If you have any further queries, I will be happy to help.
Expert:  Buachaill replied 2 years ago.
4. Please RATE the answer, as unless you RATE the Answer your Expert receives none of the money you have paid the website so there is no incentive to answer any further questions.
Customer: replied 2 years ago.
Thank you for the direction. We have not lived together for 2 years unfortunately. I guess my plan would be to take care of our marriage in the U.S. Right after apply for the EEA Family Permit. Do I do this through the UK embassy in the U.S.? Then from there we will have everything we need. But it states that this is only good for 6 months. What happens next?
Expert:  Buachaill replied 2 years ago.
5. You should immediately apply for a visa to live and work in the UK under the Zambrano ruling because you are the parent of an Eu citizen child. This can be done in England even if you have overstayed. However, once you get married or live together for two years you should then apply for an EEA Family Permit as it has an easier path to citizenship of the UK. Here is a link to the form you fill in You are applying for Further Leave to Remain based on your parentage of your German child. Here is a link to guidance notes to fill in the form aware that you don't have to leave the UK to apply for this type of visa. So you can apply today if you wish.