[Nalwoir]

Hello there fantastic people of the expat forum.

I would like to thank you all with your help rendered to me a couple of weeks ago regarding the visa application. After some more research, and a lack of a clear outline of exactly what is required of me, I thought I would come back and get some issues straight.

I will start at the beginning.

I am a British citizen who has been living in South Korea since August 2011 on a one year visa to teach. My wife (who I met over here) is an American citizen who also arrived here in August 2011 to teach on a one year contract.

We are currently expecting a baby, (due around mid October) and have decided that at the end of our contract we wish to move to the UK (my home, she has not been there before).

So from my understanding the three main parts of what we need to submit, along with all the forms and other random bits are

1: proof of relationship.

2: proof of accommodation.

3: proof of income/ability to support ourselves for without recourse to public funds.


So for proof of relationship, I have the marriage certificates translated into English, and notarized. As we have housing provided by our respective employers we have not taken residence here under the same names, nor have we proof of utilities or other things that might help us prove that we are a 'real' couple. Would the marriage certificate be sufficient, or would email logs and pictures also be required?

Next, we have proof of accommodation. My family back in England have a large house that we can stay at when we arrive, and are happy to put us up indefinitely while we settle in, have the baby and then grab work. We are both university educated (something that is not entirely job secure these days, but after all the money we paid for it we should hope it shows some degree of job security). My question here is, what documentation should we provide to prove that we have access to this family accommodation?

Finally, the money. I have people who can offer me a job when we return to England, so I assume a copy of a job offer from them would be a wise idea? Obviously she will not be able to start work for a while, so that kinda writes her out, but might it be an idea to get them to write her an offer as well, to be taken up when she is fit to work after the baby is a little bit older?

Also, we have some money saved, (personally I have around £1500 pounds currently sitting in my UK account, while she has the same sitting in her Korean account). We are on a set goal of a combined £10,000 by the time we are ready to travel to the UK, but will probably only have £3000 combined at the time of application. Would it be worth getting a letter of employment from our current South Korean employers detailing the money we will have coming in and a plan on how we intend on having the full £10,000 by the time we reach the UK?

Another finally (I realise this is a lot of questions, and I will attempt to summarize this at the end of this problem) the money I have back home in my UK account is difficult to show. (since I reside in South Korea, getting a statement is difficult). Would it be a good idea to show the transfer documents, showing money has been sent back to the UK account from my south Korean account, with an online, non-authenticated breakdown of the money sitting in my UK account, or should I try to get my bank to send my UK address documentation and have it sent across to South Korea.

OK, so summary for you guys to cut and paste answers to:

1: Proof of relationship, keeping in mind we have little to show beyond marriage certs as we do not live together.

2roof of accommodation: what documentation should we get from my family.

3: Job Offer, should we attempt to get one for us both?

4: Money saved is not as much as it will be at time of travel, how do we show we will be much better off in three months time?

5: Money is sitting back home, and is difficult to get a statement of how much it is. Is there a workaround (Korean bank transfer statements to UK account etc).

Thank you for reading this almost essay-esq problem, and another thank you in advance for any advice you can give, or any further information you think I have not taken into account.

James.

 

[AnAmericanInScotland]

First of all, if you look at this UKBA page you will see the form and two different Guidance Notes publications on the right hand side of the page. The form and the supporting documents downloads are chock-a-block with detailed information regarding what the UKBA needs from applicants to facilitate speedy, accurate assessment and determination of applications:

UK Border Agency | Applying from outside the UK

On Q1-email, Skype or other VOIP logs, snail mail (including envelopes with cancelled postage), travel tickets/boarding passes, and a small progressing selection of snaps will be needed to prove a continuing relationship.

On Q2-A letter from your parents detailing their willingness to put you up and provide you with a private room for your exclusive use, how long the two of you can stay, what arrangements for the expected baby's room are planned, and noting how many rooms+total number of household occupants is what you need to prove adequate accommodations. There may be other requirements, check the supporting documents pdf for any info on that.

On Q3-You have time to contact your bank in the UK and get 'official' records from them, you'll want to go back six months; UKBA is very clear on two things-one that they want to see that you have a steady, sufficient income, and two, that they will not accept web print-outs because those are so easily tampered with. See if you can authorise your parents to pick-up original, official statements from the brick and mortar of your bank, and send them to you in SK.

Re your finances, that aprox £7K you mention as being available after your application is submitted (unless it is part of a written contract and noted specifically as a legal contractual obligation on the part of your current employer) is not going to make much of a difference in assessing your application because it would be considered anticipatory (I paraphrase).

Have you thought about asking your parents to write a letter agreeing to financially support you, your wife, and the anticipated baby until you are working?

The UK job offer for you is very important-make sure the UK employer dates the letter and offer as close as possible to your application submittal to make it clear to the UKBA this is a current and genuine offer of employment on your return to the UK. The job offer for your wife must be genuine, and wouldn't hurt the application a bit

Nicest thing about the forum (after the great people) is that someone will be along to correct and/or add info if I've steered you in the wrong direction and/or missed anything

 

[fergie]

Hi,
Where is the baby likely to be born, in south Korea or will you and your wife be traveling back to the Uk for the birth. Airlines will not allow travel after a certain stage in pregnancy, seven or eight months. They are, worried in case she might go into labour mid flight, you may also need at that point a certificate from a Dr. Saying she is fit without any known complications to fly.If your wife is not booked into a British hospital for the birth she may find there is no maternity bed available.
As you wife is not a British citizen you may also have to pay privately for maternity care and the birth
Arranging for the birth is really important, just in case your wife has complications, I hope all goes well for you all.
if you have any photo,s at all of your time together, before /during/after marriage then send copies of them with you application

 

[Joppa]

You have received some useful pieces of advice but let me flag up a few points of concern.

First about cohabitation. So you are currently living in separate accommodation, even though you are now married and expecting a baby together. You have only known each other since August 2011. Now, the UKBA may suspect that this isn't a genuine marriage based on deep, committed relationship. Having a baby together in itself isn't evidence of durable relationship. So you have some explaning to do to satisfy them that everything is above board and you intend to spend the rest of your life together.

Maintenance. You don't have much money and setting up a home together in UK will cost quite a bit. Any anticipated income will be disregarded - you may get a sack tomorrow and lose everything. It's only money in the bank that counts. So you definitely need external sponsor to help you. The snag is that soon such arrangement may no longer be admissible and only UK sponsor's (your) income may count.

UK job offer. As stated, if it's a genuine, firm offer of employment, that may help . But you still need some hard cash in case you can't take up the post or your employer withdraws the offer.

 

[Nalwoir]

On Q1-email, Skype or other VOIP logs, snail mail (including envelopes with cancelled postage), travel tickets/boarding passes, and a small progressing selection of snaps will be needed to prove a continuing relationship.

That should be easy enough, we have daily records of Skype calls and messages and facebook and everything to back us up there. Will start printing pictures off and arranging them into a file.

On Q2-A letter from your parents detailing their willingness to put you up and provide you with a private room for your exclusive use, how long the two of you can stay, what arrangements for the expected baby's room are planned, and noting how many rooms+total number of household occupants is what you need to prove adequate accommodations. There may be other requirements, check the supporting documents pdf for any info on that.

I'll look more into this. There are things floating around saying that a rent or mortgage agreement are required, so it might be a good idea to get those sent across. If anyone reading this can tell me whether copies are acceptable as opposed to the original documents (I can imagine my family will not be too happy about sending their original mortgage agreement overseas) that would be fantastic.

On Q3-You have time to contact your bank in the UK and get 'official' records from them, you'll want to go back six months; UKBA is very clear on two things-one that they want to see that you have a steady, sufficient income, and two, that they will not accept web print-outs because those are so easily tampered with. See if you can authorise your parents to pick-up original, official statements from the brick and mortar of your bank, and send them to you in SK.

This could be slightly problematic. The UK account has been mainly empty until very recently when I sent money home, then realised I needed to use that money to support the application. Would I be able to use my Korean bank account statement, as it is the one that has had regular earning going into the account? Or would it be better to show my UK one?

Re your finances, that aprox £7K you mention as being available after your application is submitted (unless it is part of a written contract and noted specifically as a legal contractual obligation on the part of your current employer) is not going to make much of a difference in assessing your application because it would be considered anticipatory (I paraphrase).

That's a shame. Only about $1000 is written into the contract as a bonus after completing the contract, so I guess I'll have to go with your idea below, and get family members to draw up some letters saying they will support me financially to prove i will not become a drain on public funds.

Have you thought about asking your parents to write a letter agreeing to financially support you, your wife, and the anticipated baby until you are working?

The UK job offer for you is very important-make sure the UK employer dates the letter and offer as close as possible to your application submittal to make it clear to the UKBA this is a current and genuine offer of employment on your return to the UK. The job offer for your wife must be genuine, and wouldn't hurt the application a bit

That's cool, the job is working at a zoo that my mother works at, and she can get some letters drawn up for the both of us in that regard. Will the fact that the letters are produced from the same company a family member works at harm the application in any way?

Nicest thing about the forum (after the great people) is that someone will be along to correct and/or add info if I've steered you in the wrong direction and/or missed anything

Yup, this forum does seem to be pretty informative...


Fergie:

Hi,
Where is the baby likely to be born, in south Korea or will you and your wife be traveling back to the Uk for the birth. Airlines will not allow travel after a certain stage in pregnancy, seven or eight months. They are, worried in case she might go into labour mid flight, you may also need at that point a certificate from a Dr. Saying she is fit without any known complications to fly.If your wife is not booked into a British hospital for the birth she may find there is no maternity bed available.
As you wife is not a British citizen you may also have to pay privately for maternity care and the birth
Arranging for the birth is really important, just in case your wife has complications, I hope all goes well for you all.
if you have any photo,s at all of your time together, before /during/after marriage then send copies of them with you application

The problem for us is that our contracts (and visas) will expire before the baby is due. So we legally need to be out of the country around september. So if the visa process works out, we will be returning to the UK to have the baby. Most of the airlines that we have been looking at tickets on have airline policies that they do not like women travelling after 36 weeks of birth, and she will be around 32 weeks by the time we are ready to leave. The letter seems to be a must, as they cannot tell by looking whether the baby is under or over 36 weeks, so a letter detailing the week she is in and there are no complications (from about a week before flying) are enough to satisfy most airlines (not all).

With regards to giving birth, the law seems to state (again, a very convoluted research assignment) that the spouse of a UK citizen is entitled to free maternity care as long as they can prove that the individual intends on settling in the UK. Having applied for a settlement visa, being my spouse, and the additional documentation such as job offers for after the baby is born should all be adequate. I have also spoken with family who work within the NHS (a GP and a nurse in a hospital), and they have assured me that we can get an NHS number from a GP, which will allow us to get registered for maternity care.


Doing all of this before getting the visa is the main issue, so upon arrival it is really important for us to get that ball rolling and work out exactly how we can get her a bed in a hospital. Luckily even if the bed is not arranged, the NHS will still perform the birth under emergency conditions. While this is far from perfect, it is still better than having them turn around and refuse us while she is in labour. if you have any experience in this matter, please let me know any information you can provide.

We will make sure to provide all the pictures. They seem to be easy to obtain and important, so might as well provide everything I can...

 

[Nalwoir]

You have received some useful pieces of advice but let me flag up a few points of concern.

First about cohabitation. So you are currently living in separate accommodation, even though you are now married and expecting a baby together. You have only known each other since August 2011. Now, the UKBA may suspect that this isn't a genuine marriage based on deep, committed relationship. Having a baby together in itself isn't evidence of durable relationship. So you have some explaning to do to satisfy them that everything is above board and you intend to spend the rest of your life together.

Maintenance. You don't have much money and setting up a home together in UK will cost quite a bit. Any anticipated income will be disregarded - you may get a sack tomorrow and lose everything. It's only money in the bank that counts. So you definitely need external sponsor to help you. The snag is that soon such arrangement may no longer be admissible and only UK sponsor's (your) income may count.

UK job offer. As stated, if it's a genuine, firm offer of employment, that may help . But you still need some hard cash in case you can't take up the post or your employer withdraws the offer.

So how can we go about showing a committed relationship? Surely this isn't the first whirlwind romance that has attempted to live together in the UK?

Do we know when they will stop accepting external sponsors?

Hmm, honesty please: Do we think this has a chance to going through? Considering the cost of the visa process is relatively high and non-refundable, would it make more sense to look at other options?

 

[Joppa]

Yes, but UKBA are weeding out less-than-genuine cases and they are getting tougher all the time. Remember the government is under enormous political pressure to reduce immigration.
As things stand, you do face a real possibility of visa rejection, I'm sorry to say, though of course I don't have all the facts.

The rumour is that the new rules including ban on external sponsors can come in as early as June. Read the long thread about £25,700 minimum maintenance.

Is there a possibility of visa and job extension in Korea? If you have been in committed relationship for 2 years, with cohabitation as a married couple, that will strengthen your application quite a bit I think. Or can she return to US to have her baby (presumably she still has health insurance there)?

 

[AnAmericanInScotland]

Not to be nosy, but why are the two of you living apart-is it because of your work contracts, for example in areas so far apart as to preclude daily commutes? If that's the case, be sure to state that, and the emails, etc, will help to prove that in-spite of the living arrangements, you are in a genuine, committed relationship and are greatly anticipating setting up home in the UK.

Regarding the changes to the visa requirements, there is a thread titled '£25,700...' with a great lot of discussion, and links to info on the proposed changes. We who are going to be affected by the changes are following this issue very closely, and anticipate an announcement any day now because leaks (see especially the first post on the long thread), and comments made in interviews by government officials make it clear they are trying to implement these proposed changes this summer.

We thought an announcement would be made in April, but are thinking now the announcement will be made at least by June. But it's all speculation at this point, no-one knows when and what. Still, being informed by reading the MAC Report and other reports linked in the thread is a good idea.

People are making plans and arrangements in anticipation of the most strict of the proposals being implemented. For example, my husband (the UKC) has returned to work (after retirement, luckily we're in our mid-fifties and he is in a field wherein he was able to get work) at a package that meets the higher proposed income requirement. Sigh, we were enjoying retirement.

 

[Joppa]

Not to be nosy, but why are the two of you living apart-is it because of your work contracts, for example in areas so far apart as to preclude daily commutes? If that's the case, be sure to state that, and the emails, etc, will help to prove that in-spite of the living arrangements, you are in a genuine, committed relationship and are greatly anticipating setting up home in the UK.

Regarding the changes to the visa requirements, there is a thread titled '£25,700...' with a great lot of discussion, and links to info on the proposed changes. We who are going to be affected by the changes are following this issue very closely, and anticipate an announcement any day now because leaks (see especially the first post on the long thread), and comments made in interviews by government officials make it clear they are trying to implement these proposed changes this summer.

We thought an announcement would be made in April, but are thinking now the announcement will be made at least by June. But it's all speculation at this point, no-one knows when and what. Still, being informed by reading the MAC Report and other reports linked in the thread is a good idea.

People are making plans and arrangements in anticipation of the most strict of the proposals being implemented. For example, my husband (the UKC) has returned to work (after retirement, luckily we're in our mid-fifties and he is in a field wherein he was able to get work) at a package that meets the higher proposed income requirement. Sigh, we were enjoying retirement.

The thing is they have only known each other since last August (9 months) and it will be difficult to prove durable, committed relationship despite marriage and expected baby. Lack of cohabitation because of accommodation package is no help either.

 

[Nalwoir]

Yes, but UKBA are weeding out less-than-genuine cases and they are getting tougher all the time. Remember the government is under enormous political pressure to reduce immigration.
As things stand, you do face a real possibility of visa rejection, I'm sorry to say, though of course I don't have all the facts.

The rumour is that the new rules including ban on external sponsors can come in as early as June. Read the long thread about £25,700 minimum maintenance.

Is there a possibility of visa and job extension in Korea? If you have been in committed relationship for 2 years, with cohabitation as a married couple, that will strengthen your application quite a bit I think. Or can she return to US to have her baby (presumably she still has health insurance there)?

Understood. If the application were to be submitted before the new rules came in, would it likely that the case would be processed under the old rules, or the new?

There is a possibility of job extension, or even obtaining another job contract here, but our best possibility of actually starting out a life together is to get back to the UK, move in with family, then use the money we will have to support us additionally while we settle in and find work that pays well. Due to the differences in money between Asia and England, staying here, especially on one income, will drain our overall resources and make it more difficult for us to eventually set ourselves up properly back in the UK.

I am not sure about health insurance, that is something I will have to discuss with her.

Not to be nosy, but why are the two of you living apart-is it because of your work contracts, for example in areas so far apart as to preclude daily commutes? If that's the case, be sure to state that, and the emails, etc, will help to prove that in-spite of the living arrangements, you are in a genuine, committed relationship and are greatly anticipating setting up home in the UK.

Regarding the changes to the visa requirements, there is a thread titled '£25,700...' with a great lot of discussion, and links to info on the proposed changes. We who are going to be affected by the changes are following this issue very closely, and anticipate an announcement any day now because leaks (see especially the first post on the long thread), and comments made in interviews by government officials make it clear they are trying to implement these proposed changes this summer.

We thought an announcement would be made in April, but are thinking now the announcement will be made at least by June. But it's all speculation at this point, no-one knows when and what. Still, being informed by reading the MAC Report and other reports linked in the thread is a good idea.

People are making plans and arrangements in anticipation of the most strict of the proposals being implemented. For example, my husband (the UKC) has returned to work (after retirement, luckily we're in our mid-fifties and he is in a field wherein he was able to get work) at a package that meets the higher proposed income requirement. Sigh, we were enjoying retirement.

We technically live together, but between two homes. Since we have two paid residences in different areas it makes sense to use them both, and the only nights we spend apart are the nights when I work my 'second' job where I get up early and don't want to disturb her (sleep and pregnancy are a holy thing

The problem is, that on paper, the living arrangements do not reflect the fact that we are effectively living with each other 5 nights a week.

I will read up more on the proposed changes. There is a backup plan that if we do not get into the UK, we can go to Thailand and have the baby relatively cheaply there, and then attempt again to apply for UK citizenship, but this process has similar pitfalls.

On that note, her father is Portuguese, who lived in America since the age of 18. If we were to get her Portuguese nationality, would it be easier for her to apply for the right to live with me in the UK? This will most probably be our ulterior route if this visa application falls through.

The thing is they have only known each other since last August (9 months) and it will be difficult to prove durable, committed relationship despite marriage and expected baby. Lack of cohabitation because of accommodation package is no help either.

This is a worry, but I imagine under the circumstances they would have to give us an interview to assess the validity of our devotion to each other? Or would it more be a process where they look at the figures and facts and make a decision based on logic? I am hoping for an interview...

 

[AnAmericanInScotland]

The thing is they have only known each other since last August (9 months) and it will be difficult to prove durable, committed relationship despite marriage and expected baby. Lack of cohabitation because of accommodation package is no help either.

That timing is tight and I know you're right that it's problematic.

I know in my case even though we had only met face-to-face five months before we married (Jan 2011), the fact that we had been corresponding from early 2008 and could demonstrate through emails, phone bills, and snail mail that we had a developing, continuous communication made a difference in our application success.

ETA: But oh boy do I feel sorry for the ECO who had to slog through the developing relationship, lol! We tried to send supporting communication documents that wouldn't be too uncomfortable for the ECO to read

 

[Joppa]

Understood. If the application were to be submitted before the new rules came in, would it likely that the case would be processed under the old rules, or the new?

We don'rt know the timescale yet, but if the new rules are to apply from June, any application submitted before will be deal with under existing rules.

There is a possibility of job extension, or even obtaining another job contract here, but our best possibility of actually starting out a life together is to get back to the UK, move in with family, then use the money we will have to support us additionally while we settle in and find work that pays well. Due to the differences in money between Asia and England, staying here, especially on one income, will drain our overall resources and make it more difficult for us to eventually set ourselves up properly back in the UK.

I take your point. I can understand why your aim is to settle in UK and establish a home there. But things often don't work out in the way we like or plan.

I am not sure about health insurance, that is something I will have to discuss with her.

We technically live together, but between two homes. Since we have two paid residences in different areas it makes sense to use them both, and the only nights we spend apart are the nights when I work my 'second' job where I get up early and don't want to disturb her (sleep and pregnancy are a holy thing

The problem is, that on paper, the living arrangements do not reflect the fact that we are effectively living with each other 5 nights a week.

You can put all that in a covering letter, but sticking point is the length of time you've known each other.

I will read up more on the proposed changes. There is a backup plan that if we do not get into the UK, we can go to Thailand and have the baby relatively cheaply there, and then attempt again to apply for UK citizenship, but this process has similar pitfalls.

I can see that. Though a longer period together before applying for UK settlement visa should help.

On that note, her father is Portuguese, who lived in America since the age of 18. If we were to get her Portuguese nationality, would it be easier for her to apply for the right to live with me in the UK? This will most probably be our ulterior route if this visa application falls through.

That is worth investigating. Depending on when he presumably obtained his US citizenship, he may have had to give up his Portuguese nationality, which will probably make her ineligible to receive Portuguese citizenship, esp if he was naturalised before her birth. If she can get Portuguese passport, as EU citizen she will have complete freedom to live in UK without any formality, access NHS etc.

This is a worry, but I imagine under the circumstances they would have to give us an interview to assess the validity of our devotion to each other? Or would it more be a process where they look at the figures and facts and make a decision based on logic? I am hoping for an interview...

Nowadays they rarely interview applicants (except in a few countries like India, Pakistan and Nigeria). They almost always decide on the basis of documentary evidence and other submissions presented to them. You will have a right of appeal against visa rejection. But unless they have made a mistake or you have new evidence that will tip the balance in your favour, your appeal is unlikely to be upheld.

 

[Nalwoir]

I can understand the regulations concerning stopping people from illegally entering the country, and entering under false pretense, but this is a real shame.

When did we turn into a country that needs to prove your love for another to allow you to live together in that country...

The portugal route should work. Having looked at the paperwork already the portuguese authorities register every child of a portuguese citizen as a semi citizen, and they have until 18 to collect. She is already 27, but there is a process for collecting outside of that. It would just be nice to be able to go back home and start our new life together..

If anyone has any more advice please let me know!!!

 

[Joppa]

I can understand the regulations concerning stopping people from illegally entering the country, and entering under false pretense, but this is a real shame.

When did we turn into a country that needs to prove your love for another to allow you to live together in that country...

Everyone claims theirs is a special case, genuine and all above board. But the UKBA has no way of knowing that, so everyone has to prove that they meet all visa conditions, including durability of relationship. It's the dishohest ones who spoil it for everyone, but the Home Office has a duty to protect the border and ensure that only those who will contribute to national prosperity and won't be a drain on the public purse are admitted.

The portugal route should work. Having looked at the paperwork already the portuguese authorities register every child of a portuguese citizen as a semi citizen, and they have until 18 to collect. She is already 27, but there is a process for collecting outside of that. It would just be nice to be able to go back home and start our new life together.

So her father was a Portuguese citizen at the time of her birth and hadn't renounced his citizenship on being naturalised as US citizen (which I presume he was). This is often a crucial point.

 

[Nalwoir]

Hmm, her father died a few years ago, but she has his birth certificate and her own with her...

As I understand it, the Portuguese government made it so you lost your citizenship if you gained another one, but back in 1981 overturned this ruling. So now you can have dual citizenship.

She recently celebrated her father's 50th birthday, and she said he moved to america at the age of 18. Taking all of this into account, it looks like he moved to america back in 1981. Did the American government have a similar policy towards choosing only one nationality? And how long does it take to acquire naturalization? She was born in 1984, so around three years after he moved to the US.

It might be that he was still a Portuguese citizen when she was born, or alternatively he acquired naturalization after a period of having to chose one of the other...

 

[Joppa]

Hmm, her father died a few years ago, but she has his birth certificate and her own with her...

As I understand it, the Portuguese government made it so you lost your citizenship if you gained another one, but back in 1981 overturned this ruling. So now you can have dual citizenship.

She recently celebrated her father's 50th birthday, and she said he moved to america at the age of 18. Taking all of this into account, it looks like he moved to america back in 1981. Did the American government have a similar policy towards choosing only one nationality? And how long does it take to acquire naturalization? She was born in 1984, so around three years after he moved to the US.

It might be that he was still a Portuguese citizen when she was born, or alternatively he acquired naturalization after a period of having to chose one of the other...

Nationality issue is often tricky. So you should speak to the Portuguese embassy or consulate for a definite ruling. Perhaps another relative, like her mother or uncle, may know the circumstances.

 

[mehemlynn]

Hmm, her father died a few years ago, but she has his birth certificate and her own with her...

As I understand it, the Portuguese government made it so you lost your citizenship if you gained another one, but back in 1981 overturned this ruling. So now you can have dual citizenship.

She recently celebrated her father's 50th birthday, and she said he moved to america at the age of 18. Taking all of this into account, it looks like he moved to america back in 1981. Did the American government have a similar policy towards choosing only one nationality? And how long does it take to acquire naturalization? She was born in 1984, so around three years after he moved to the US.

It might be that he was still a Portuguese citizen when she was born, or alternatively he acquired naturalization after a period of having to chose one of the other...

As far as I know the US govt doesn't allow duel nationality (except for the children of citizens of two countries), part of the naturalization is saying you renounce previous citizenship. That being said, if the other country isn't informed; then they might still recognize the original citizenship.

So as the previous poster said, the only way to know if he was still a citizen of Portugal is to contact them.

M

 

[Nalwoir]

Yeah, have recently looked into that, and while he would have renounced his citizenship upon naturalizing in the United States, apparently some sources are saying that unless you officially submit a request for renunciation from the Portuguese government you are still a Portuguese citizen as far as they are concerned. This requires further investigation, but if anyone has additional information in this regard it will be greatly appreciated.

With regards to the suggestion that I provide letters of declaration from family concerning their willingness to support the application, should I get family to supply original documentation detailing their finances? Or should a letter giving occupation, and offer of all and any assistance be sufficient? They can draft up a letter today but getting a statement from the bank will take about a week, which slows down the process and we wanna try and get it done over the next few weeks.

 

[Joppa]

With regards to the suggestion that I provide letters of declaration from family concerning their willingness to support the application, should I get family to supply original documentation detailing their finances? Or should a letter giving occupation, and offer of all and any assistance be sufficient? They can draft up a letter today but getting a statement from the bank will take about a week, which slows down the process and we wanna try and get it done over the next few weeks.

You will need original bank statement (going back 3 months minimum) to show they have financial means to support you when needed. Without it, it's likely to be inadmissible.

 

[Nalwoir]

Thanks for the swift reply Joppa, you seem to never sleep!!!

On a different note, what routes are available for us if we get denied? Obviously spending time apart is not a real choice, especially as it will be close to the babies birth and we want to be together in those important early days. Would we be able to come into the UK on a tourist visa instead, pay for the birth (obviously) and then after that work out what we wanted to do? Or would the spouse visa route have blocked that avenue off for the both of us?

Also, I think I already know the answer to this question, but I am not sure so I shall ask anyway. What are the British governments views on say, her coming to the UK, leaving for France at the end of every tourist visa and returning on a new one? I imagine they will not like it, but I still gotta ask (since SK seems to find it relatively normal)....