Girl has been living in England for four years come this June on a student visa. She has never left England in all this time. She is an American citizen. She's now pregnant with a British citizen's child.
They aren't married but are hoping to raise the baby together, either living together or living very near each other. The guy definitely wants to play an equal role in the child's life as the mother.
Girl is set to graduate this spring. Baby is due late summer. Girl wants to stay in England. I think one way would be for her to apply to graduate school.
Other than graduate school or marriage, does she have any other options that will allow her to stay in England?
Are they currently living together in the UK? If so, how long have they been living together?
If they have been living together for 24 consecutive months (or will have been when the visa expires - she will probably have 4 months extra on the visa after she graduates), she can apply to switch from her student visa to an Unmarried Partner visa, using FLR(M).
This visa is for people in a long-term relationship, who have been living together for at least 2 years, but do not wish to marry. However, they would need to meet the requirement of living together and the financial requirement of earning £18,600 per year between them, to qualify for the visa.
It costs £578 to apply by post or £953 to apply in person (same-day decision) and the visa is valid for 2.5 years (30 months). It would allow her to live and work in the UK based on her relationship to the UK citizen.
If however, the student visa will expire before they have lived together for the required 24 months, the only option to stay in the UK would be to:
a) Get another student visa (only a temporary measure though and it wouldn't lead to permanent residence or UK citizenship) - i.e. postgraduate studies.... but how would she be able to study full time and look after a baby?
b) Qualify for a work visa (not really feasible with a newborn)
c) Get married and apply for FLR(M) based on marriage to a UK citizen
The father is afraid she will return to America, leaving him out of directly playing a part in the child's upbringing. Does he have any rights concerning this?
Not really - the child is free to live in either the UK or the US, so if the girl isn't willing to leave the baby with him in the UK, he would either have to qualify for a visa to move to the US, or the girl would have to qualify for a visa to stay in the UK
From your other post:
I guess she could apply for the 30-60 month right to remain as a parent of a British citizen. I know she would not go on the public dole, but I'm assuming the baby would be covered under NHS.
The baby would be covered by the NHS, but it can be difficult to qualify for a parent of a British Child visa.
I've been on this site for 7 years and I've never heard of anyone being granted that visa.
She would have to prove that:
- she has sole responsibility for the child (she is not raising the child with the father) and that the child lives with her, not the father.
- if the child lives with someone else, she must show that she is not in a relationship with that person and that she cannot qualify for a partner visa (unmarried partner or spouse)