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Topic: /American Mom/British Dad/Mom wants to live permanently in England/Options?  (Read 912 times)

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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?
Neither wants to get married. 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?
Girl would never hand the baby over to him. She does want him involved though, and that's the main reason she wants to stay in England.
Any serious advice is appreciated. Thanks for reading.


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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

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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:
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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)


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So for the parent of a British citizen visa, the father wouldn't be able to take part in the child's upbringing? Even though they would both be living in England? They have discussed living together for the sake of the child, but not really as a couple. I know that sounds strange, but they really are both level-headed, get along with each other very well, and are equally willing to care for the baby. I think one of the grandmas has offered to go to help so they could both work full-time, but if it's the US grandma, would she have the right to stay as a grandma of a British citizen?


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No, they've never lived together. Another question, do you think there'd be any way for the mom to be covered by insurance if not in school? Obamacare? NHS? Anything?


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A grandmother wouldn't have the right to stay in the UK simply because of a British grandchild. It sounds like marriage is the best option for them followed by student visa. The US citizen won't be able to qualify for the others.

And the mother isn't eligible for free NHS care.


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So for the parent of a British citizen visa, the father wouldn't be able to take part in the child's upbringing? Even though they would both be living in England?

Yes, basically. She would have to prove that her only reason for living in the UK is her child, who can't live in the US with her.

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I think one of the grandmas has offered to go to help so they could both work full-time, but if it's the US grandma, would she have the right to stay as a grandma of a British citizen?

There's no such visa, I'm afraid. There is no legal way for the US grandma to move to the UK just to look after the child.

No, they've never lived together. Another question, do you think there'd be any way for the mom to be covered by insurance if not in school? Obamacare? NHS? Anything?

She would be covered by the NHS if she was legally living in the UK on a student visa, a work visa or if they got married and got a spouse visa. If she could not get one of those visas, she would not be able to live in the UK anyway and would have to return to the US.

So essentially if she's legally living in the UK she can use the NHS for free.


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First, the USC mother does have access to the NHS if here on a valid visa (student visas >6 months allow free NHS access).

They have discussed living together for the sake of the child, but not really as a couple. I know that sounds strange, but they really are both level-headed, get along with each other very well, and are equally willing to care for the baby.

Doesn't sound strange to me, as things just sort of work out this way sometimes.  However, the immigration laws as they currently stand do not recognise this situation.  It doesn't sound like an unmarried parter visa is an option given the lack of evidence of living together, and it doesn't sound like the mother/father are involved in a typical relationship.

Unfortunately, the only way the UKBA would recognise this relationship and an application to stay would be through marriage.  However, if going down that route, the USC mother would have to apply for another FLR(M) visa after another 2.5 years, with evidence of her continued relationship with UKC.  Obviously this isn't something to be taken lightly and decided on a whim. 

The USC could apply for another student visa if accepted on another university course, or as an alternative (correct me if I'm wrong) could apply for a Tier 2 Skilled Worker Visa if she's offered a job before her current visa expires (could prove to be much more difficult than it sounds).  Given her current state, I'm not sure how eager employers would be to hire her (though it's likely illegal for employers to exclude her from consideration based on pregnancy status).

Really tough situation to be in, unfortunately. If the baby is due late summer, it may be difficult/stressful to start a new uni course in september/october.   When does her current visa expire?  If she's done her undergraduate course here, maybe starting a PhD in January could be more feasible?  But, then does she have the capability to support herself and the newborn in the meantime? Or would the father be willing/able to contribute?  Even if she does extend her stay here for another 3-4 years, this won't lead to any sort of citizenship as ksand has already pointed out, and they will have to figure out a more solid long-term solution... Hope it all works out.
2007-Short Term Student;   2010-T4;   2011-T1 PSW;   2013-FLR(M);    2015-ILR;    2016 - Citizenship (approved!)


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A grandmother wouldn't have the right to stay in the UK simply because of a British grandchild. It sounds like marriage is the best option for them followed by student visa. The US citizen won't be able to qualify for the others.

And the mother isn't eligible for free NHS care.

To clarify, I meant the mother isn't eligible for free care unless under a valid visa such as the student visa.


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