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Thomas, Solicitor
Category: UK Immigration Law
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my girlfriend is from angola she has residency in italy she

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my girlfriend is from angola she has residency in italy she is married but separated from her husband. she is here in the uk on a six month visitors visa. she is pregnant with my baby and is due to give birth on 10 aug her visa runs out on the 10th of sep we are wondering the possibilities of her being able to stay for longer. i am a uk citizen.
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

Does she have Italian citizenship or simply a visa permitting her to remain in italy?

Tom
Customer: replied 3 years ago.
she has residency permit that lasts for 5 years her husband is italian they were together for six years and married for one year. the permit was given not because of her husband but because her family is italian citizens
Expert:  Thomas replied 3 years ago.

Hi,

 

When you say her family is Italian, does she have an Italian mother or father?

 

Where was she born?


Tom

Customer: replied 3 years ago.
no her mother and father are angolan but she got her residency through her aunt who was married to an italian and who is now an italian citizen. the permit she has is called ricongiungimento familiare which translates as family reunification
Expert:  Thomas replied 3 years ago.

Hi,

 

The UKBA will not permit any applicaiton to be made by a person presently on a visitor's visa to secure any kind of long term stay. They are very strict about that and would require the person to return home in order to make a further applicaiton from there.

 

In the case of pregant persons who are on visitor's visas, they are only grant further leave to remain for the pupose of giving birth where they are too far in to their pregnancy to be expected to fly home or cannot be expected to fly home so soon after having birth.

 

She needs to make enquiries with the maternity staff who she is seeing at the moment and ask about when is the earliest that a mother with a new born child can be expected to fly. I'm afraid that I doubt it will be much after when he visa expires, if at all.

 

If young mother's are not expected to fly for a considerable time following pregancy then she will need to get a letter from a doctor confirming the same and apply for further limited leave to remain before her visa expires.

 

Note though, that person who leave within 28 days of the expiry of their visa are not considered overstayers.

 

If the plan is for her to come here to settle with you, then she either:-

1. needs to divorce her husband and then apply for a fiance visa in order to come to the UK to marry you within 6 months of the visa and then make a further application for a spouses visa to settle permanently

OR

2. Investigate her eligibility to apply for indefinate leave to remain (the Italian equivalent) and thereafter to be naturalised as an Italian citiizen on the basis of her long residence there. You have to have 5 years in the UK. If she obtains Italian citizenship then she will be able to come to the UK and exercise her treaty rights free from restrictions.

 

Sorry it could not be better news.

 

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

 

 

Thomas, Solicitor
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Experience: BA (Hons), PgDip, Practising Solicitor
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