[Willmunro89]

My Girlfriend is living in the UK on a Youth Mobility Scheme visa (Tier5) that expires April 2013. we have been dating since November 2011 and found out she is pregnant a few weeks ago, she is due the beginning of December and We are trying to find out what visa we can apply for (if any).

I am British (Scotland) and the mother-to-be is Japanese, we know that as of 2006 the baby is eligible for UK citizenship, even though we are not married. What we don't know is if she will be eligible for citizenship or some type of visa as the mother of a UK citizen. We could only find information on family visas related to other EEA citizens but not citizens of the UK.

We are not married or living together at the moment but we love each other and want to be together and I don't see any reason either one of us should be kept from seeing our baby.

We would greatly appreciate any help in determining what visa we should apply for or any other relevant information.

Thank You

 

[AnAmericanInScotland]

Have you looked at the information on the UKBA site regarding switching categories from the YMS to the spouse/partner category?

Does she have family in Japan that will welcome her home if she has to go back to apply for a different visa as a fiancee or unmarried partner?

 

[Willmunro89]

Thank you for the quick reply.

We had looked into this but as far as we can tell even if you are not married you have to be living together like a married couple for at least two years.

She does have family back in Japan, we hope it won't come to this however as we do not want to keep one of us from seeing the baby. We know this might have to happen but we hope to find another way.

 

[nyclon]

My Girlfriend is living in the UK on a Youth Mobility Scheme visa (Tier5) that expires April 2013. we have been dating since November 2011 and found out she is pregnant a few weeks ago, she is due the beginning of December and We are trying to find out what visa we can apply for (if any).

I am British (Scotland) and the mother-to-be is Japanese, we know that as of 2006 the baby is eligible for UK citizenship, even though we are not married. What we don't know is if she will be eligible for citizenship or some type of visa as the mother of a UK citizen. We could only find information on family visas related to other EEA citizens but not citizens of the UK.

We are not married or living together at the moment but we love each other and want to be together and I don't see any reason either one of us should be kept from seeing our baby.

We would greatly appreciate any help in determining what visa we should apply for or any other relevant information.

Thank You

Yes, through you, your child is entitled to British citizenship. Unfortunately, this doesn't give the child's non-UK citizen parent any right to a visa or citizenship. Her options are the same as anyone else's: marry, get a job with a qualified sponsor, invest a lot of money in a UK business or start a UK business or enroll in an advanced degree program.

She can't switch from a YMS visa to any points based visa (work, school, investor, entrepreneur) or a visitor visa while in the UK. She would have to return to Japan to apply for any points based visa. She can switch to a spouse visa from within the UK.

 

[Gavin123]

marriage sounds like your best option tbh...? you obviosuly want to be together, want to offer this child a secure and loving home and family unit and obviously want to keep the mother-to-be in the country... win-win, no?

PS, I'm not for one second suggesting that for you to be able to offer a secure and loving family unit to your child means that you HAVE to be married to do so, but in your case it would probably work out best to ensure the mother of your child gains citizenship and you are not separated due to immigration laws...

 

[Willmunro89]

This confirms out earlier fears, we will see an adviser tomorrow but I don't think they will tell us anything different.

Thank you for the replies.

 

[Willmunro89]

marriage sounds like your best option tbh...? you obviosuly want to be together, want to offer this child a secure and loving home and family unit and obviously want to keep the mother-to-be in the country... win-win, no?

PS, I'm not for one second suggesting that for you to be able to offer a secure and loving family unit to your child means that you HAVE to be married to do so, but in your case it would probably work out best to ensure the mother of your child gains citizenship and you are not separated due to immigration laws...

Of course I love her and would want to marry eventually just not sure about the morality of rushing into a marriage so she can stay in the UK but I can't bare the thought of not seeing my child, so have a massive decision to make!

 

[AnAmericanInScotland]

Of course I love her and would want to marry eventually just not sure about the morality of rushing into a marriage so she can stay in the UK but I can't bare the thought of not seeing my child, so have a massive decision to make!

Sometimes Life has a way of putting timelines up, and we have to make decisions that are truly momentous in a half-heartbeat. However, this is a HUGE, life altering decision and you're right to want to make a marriage decision for all the right reasons. Hopefully the adviser will be able to suggest something sensible and doable so that the two of you can work all this out in your own time.

 

[Joppa]

Sometimes Life has a way of putting timelines up, and we have to make decisions that are truly momentous in a half-heartbeat. However, this is a HUGE, life altering decision and you're right to want to make a marriage decision for all the right reasons. Hopefully the adviser will be able to suggest something sensible and doable so that the two of you can work all this out in your own time.

You only chance of keeping her in UK is marriage and FLR as wife of a British citizen. Else she has to return to Japan at the expiry of Tier 5 YMS visa. There is always an option for you to move to Japan, and visa rules aren't as restrictive as UK.

 

[nyclon]

Hopefully the adviser will be able to suggest something sensible and doable so that the two of you can work all this out in your own time.

I wish you good luck, but you really shouldn't get your hopes up. As far as UK immigration law is concerned, there is no option giving couples the luxury of working things out at your own pace. Unfortunately, there is no shacking up visa and as I pointed out previously, the options are quite limited for your girlfriend.

 

[Willmunro89]

You only chance of keeping her in UK is marriage and FLR as wife of a British citizen. Else she has to return to Japan at the expiry of Tier 5 YMS visa. There is always an option for you to move to Japan, and visa rules aren't as restrictive as UK.

We had Just been discussing this option and it is something we are considering but we just want to be aware of all our options before making the best decision for us. Although it looks like we don't have that many options available to us.

 

[Joppa]

We had Just been discussing this option and it is something we are considering but we just want to be aware of all our options before making the best decision for us. Although it looks like we don't have that many options available to us.

Your options in Japan include working holiday if you are aged 30 or under valid a year (I think). There is a yearly quota and allocations tend to be taken up in the first few months AFAIK there is no unmarried partner visa for Japan. The easiest work visa is instructor visa for teaching English if you have a degree (any subject). You need to get a certificate of eligibility (COE) from the consulate before you can apply for visa.

 

[Willmunro89]

We went to speak to an adviser yesterday and she told us that the rules are not set in stone. Every case is treated differently, they just want proof your legit and not scamming the system. If we move in together and open up a joint bank account and do what we can to help are case since we're having a baby (a very big commitment to each other) we have a good chance at getting an unmarried partner visa.

We are still considering getting married though but at least now we will know if we do, it will be because we want to and not that we have to.

Thank you all for your advice

 

[Joppa]

We went to speak to an adviser yesterday and she told us that the rules are not set in stone. Every case is treated differently, they just want proof your legit and not scamming the system. If we move in together and open up a joint bank account and do what we can to help are case since we're having a baby (a very big commitment to each other) we have a good chance at getting an unmarried partner visa.

We are still considering getting married though but at least now we will know if we do, it will be because we want to and not that we have to.

Au contraire, I have heard stories of UKBA being extremely strict on two-year cohabitation rule for unmarried leave. I know of a case where the couple did live together for two years, and since they couldn't produce convincing documentary evidence, the non-UK partner had to leave UK with the child (the child was dual-national but she chose to take her home to NZ rather than leaving her with her partner's family in UK) and had to reapply.

I know so called advisors often make promising statements in order to get the business (and the fees), only to find the hapless clients are left to fend for themselves when their application fails and are out of pocket to the tune of over a thousand pounds.

You can make a claim under the Article 8 of ECHR for a discretionary leave to remain. This involves a wait of several months with no guarantee of success.

 

[Crawford]

We went to speak to an adviser yesterday and she told us that the rules are not set in stone. Every case is treated differently, they just want proof your legit and not scamming the system. If we move in together and open up a joint bank account and do what we can to help are case since we're having a baby (a very big commitment to each other) we have a good chance at getting an unmarried partner visa.

We are still considering getting married though but at least now we will know if we do, it will be because we want to and not that we have to.

Thank you all for your advice

With the greatest of respect I don't understand why you are reluctant to get married when it offers your girlfriend and child the greatest security of you all being able to be together.

While you say you would rather get married when you want to rather then when you have to, the situation has changed somewhat due to the pregnancy.

If you were thinking of getting married at some stage, your prospective child is just bringing this date forward.

I think its rather sad that you are thinking in these terms "have to get married" - if I was your girlfriend I would be very disappointed that you felt like this.

 

[Willmunro89]

With the greatest of respect I don't understand why you are reluctant to get married when it offers your girlfriend and child the greatest security of you all being able to be together.

While you say you would rather get married when you want to rather then when you have to, the situation has changed somewhat due to the pregnancy.

If you were thinking of getting married at some stage, your prospective child is just bringing this date forward.

I think its rather sad that you are thinking in these terms "have to get married" - if I was your girlfriend I would be very disappointed that you felt like this.

I understand what you are saying and I do want to marry her, I just didn't want her to think that I only wanted to because she was pregnant and needed a visa. I wanted her to know that it was because I loved her.

I realise that I was being silly and I will prove my feelings for her by doing everything I can to make sure we stay together and raise a wonderful child.