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Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7660
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My boyfriend is from USA, I'm Ital***** *****ving here in the UK

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My boyfriend is from USA, I'm Ital***** *****ving here in the UK since 2004 but haven't done any official settlement but have my own property here and contributed to all taxes every since I arrived. Our new born son was born here 2 months ago. We want to get VISA to my boyfriend so he can come here, stay and work, and support us as family.
I have low income at moment and no savings, I'm receiving child benefit and maternity allowance. I'm planning to apply to more benefits since I have low income and because of our son I can't work as much and he can't work here until we get the right VISA for him. He has no savings either. Please let me know if there is a VISA we can apply based on these information. We are looking into EEA Family Permit Visa, is that a good one to apply? Does the Home Office cares more about how much money we have instead of allowing to keep the father near his son?
How long have you been in a relationship with your boyfriend please?
Do you intend to marry?
Kind regards,
Customer: replied 2 years ago.
Hi Tom
We have been together 1 year.
I prefer not to marry legally if possible.
Thank you for your question and patience, I’m Tom and I’ll try to help you.
In order to be eligible for an EEA family permit application you must have been together living in the same accommodation for 2 years.
This means that the application would be rejected unless you married because you have not been together long enough.
Therefore, if you are in a relationship then you will have to marry in order for him to be eligible to apply.
If you were to marry then he would be regarded as an EEA family member, which would then allow him to apply for a family permit.
If you were not in a relationship together but he was involved in the child’s life then he could apply for a contact order at court in order to secure his contact rights with the child. He would then be able to apply for a parent with access rights to a child in the UK to allow him to come here independently of his relationship with you.
However, if you are in a relationship then it would be a family permit application but you would have to marry.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Customer: replied 2 years ago.
Hi Tom
Thank you for your help.As I mentioned before I have low income and I'm planning to apply for benefits, if we apply for EEA Family (married) do we need to prove savings for this visa? I would not apply for benefits if that will be a problem on getting this visa. I would not marry if our chances to get the visa is limited anyway regarding our financial circumstances.Please clarify this part if you can.Also you mentioned a process were he has access to the child if we are not in a relationship, in case he decides to live here but independently, I didn't understand, will he be able to live and work here in the UK? Which VISA is this one? How is the process step by step, you mentioned court order then apply rights to access, please explain a bit more if you can? If that is easier and he can live and work here might be the solution. Please help so I can understand a bit more.Thank you so much.
Provided that the benefits that you claim are ones that you would claim even if you were not in a relationship with him then you should still be okay.
However, if you will need to show that you can support and accomodate each other (ie you and husband) without the need to access more in public funds than you do (after you have claimed benefits for you/the child).
If you are in a loving relatiosnhip with him then he cannot really apply for a visa on the basis of a child. The visa on the basis of access to a child is only for parents who are not in a relationship with the mother of the child. If you were intending on applying for this then you would certainly need to instruct a solicitor because it's a complicated application involving applying for a contact order at court.
Please do remember to leave feedback
Kind regards,
Customer: replied 2 years ago.
Hi TomI feel I'm not getting all the answers clear here. I have purchased for high level of details when I purchased this online. I appreciate all information so far but one important question still remains unanswered.If that is ok for you, based on us having a loving relationship and he will come to uk to apply a VISA here, please clarify the following:Which VISA is applicable for us to apply according to our financial circumstances? Just you clarify again, I have low income under £16K per year, benefits (Child benefit, Maternity Allowance and Council Tax reduction as single mother) and no savings. My boyfriend is coming to uk with no savings. Which VISA can we apply if we are to be married? And which VISA can we apply if we are not married? Please clarify what we would need to do to get this visa. Also please clarify if I would need to have permit residency beforehand or not.I'm starting to think that because of our financial situation, regardless of permit residency or marriage status, we might not have a suitable VISA to apply even so having a child together born in uk? Is that correct? please clarify.Thank you for your time so far.
Caroline, I will be able to answer at 9am but you may not 100% like answer even though it is absolutely legally correct. Tom
The only option for him to come here based on your relationship is if you marry. Because you have not lived together for a significant period of time you are not presently regarded as unmarried partners. This means that you would only be recognised under the EEA rules if you were to marry. If you did marry he could apply for an EEA family permit to travel here and once he is here then apply for a residents card to stay here permanently with you.
If you are not married then his only option would be to apply for a visitors visa. However, this would be limited to 6 months and he would have to leave after this time.
The only other option for a visa would be if you were not in a relationship but he had access to the child in the form of contact with the child. If this was the case then he would be able to apply for a parent with access rights to the child.
These are your only options, assuming he does not have access to £200,000 for investment in a UK business.
I am sorry that the options are slim for you but these are absolutely correct based on the immigration rules and the EEA rules.
Kind regards
Customer: replied 2 years ago.
Hi TomThank you. To make sure I understood all we need:
- marry (or make a stable union letter confirming our solid relationship)
- apply for EEA Family permit
I don't need to apply to permit residency before hand, and we both don't need to prove savings while applying to EEA Family permit and the benefits I have applied so far won't be a problem to the application.
Is that all correct? Please confirm!Also, how much would you charge to help us to apply for a parent with access rights to the child, in case we decide to not live together and separate. I assume he will be able to stay and work here in the UK in order to support himself and have access to the child, right?Thank you Tom.... this will be my last question if you confirm all above.
You must marry in order to be eligible for a family permit, but a family permit is what you must apply for.
You don't need permanent residemce to apply for a family permit.
You don't need a specific amount of savings but you must be able to show that you can support/accomodate eachother without claiming any more benefits than you already do.
I cannot accept instructions to act privately for members of this site I'm afraid.
PLease remember to leave feedback.
Kind regards,
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