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My Japanese Girlfriend Is Pregnant

9058 Views 15 Replies 6 Participants Last post by  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
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AnAmericanInScotland said:
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.
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Willmunro89 said:
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.
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.
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