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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6392
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a dual US/UK citizen and have fathered a child with my

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I am a dual US/UK citizen and have fathered a child with my girlfriend in Russia. We are not married but have been living together over 2 years in Russia. The child already has a US and Russian passport.

I am interested to find out if there is such a visa for my girlfriend and daughter to return back to the UK and reside permanently? Without any knowledge, I am under the impression there are obstacles because we are not married. Since I am already have British citizenship is it possible for me to apply for UK citizenship for my daughter at the UK Embassy/Consulate office in Moscow?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. When you say living together, does that mean that you have physically cohabited in a property together in a relationship
  • 2. Can you prove 1) with documentary evidence

Kind regards.

Tom

Customer: replied 3 years ago.
Yes. We physically cohabitated together in a relationship. We purchased a flat together, but the property ownership is in her name. However I do have proof copies of my Russian residence registration at the same address. We also have a joint HSBC accounts and credit card registered at this address.

Expert:  Thomas replied 3 years ago.

HI,

 

 

She will have to apply for an unmarried partners visa in order to settle her as your partner. You length of cohabitation and relationship is sufficient.

The eligibility criteria is as follows, You must show

  • § you and your partner will both be at least 21 years old (or18 years old if either of you is a serving member of HM Forces) on the date when we would give you leave to remain (passports, birth certificates)
  • § any previous marriage, civil partnership or similar relationship involving you or your partner has permanently broken down; (statements, decree of divorce)
  • § you and your partner are not related by blood;
  • § you have met your partner (evidence of your life together - eg. Same joint bills ,correspondence etc;)
  • § you and your partner have been living together in a relationship akin to marriage or civil partnership which has been existing and genuine (not like a 'marriage of convenience') for at least two years; (statements, documentary evidence of your relationship (eg correspondence, birth certificates of childrne)
  • §
  • § you and your husband, wife or civil partner intend to live together permanently (statements)
  • § there will be adequate accommodation for both of you and any dependants without the need for public funds, and at least part of that accommodation (for example, a bedroom) is for your and your partner's sole use (evidence of tenancy agreements that you could rent or prices of properties you could afford to buy in the locality where you are to resided)
  • § both of you will be able to maintain yourselves and any dependants adequately without needing public funds. (bank statements, statements from employers evidencing your income/assets, potential jobs you could both do

 

The application will have to be supported by evidence proving the above eligiblity criteria. I have suggested basic documents above, but the list is not exhaustive.

You will have to apply using form VAF4 (available for download from UKBA website and it would be best for a solicitor to prepare it for you to make sure that you give yourself the best chance of approval without the need to appeal.

She will have to pass an English language test showing that you have very basic spoken and listening English skills and can contact the embassy to find out where test centres are

You can find Uk immigration solicitors through the following Law Society Website search engine:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

 

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

Customer: replied 3 years ago.
Thank you. But you did not answer my question within my e-mail about my daughter. Can we apply for her UK citizenship while in Russia?
Expert:  Thomas replied 3 years ago.

Apologies.

 

How did you acquire your UK citizenship - where and when were you born?

 

Tom

Customer: replied 3 years ago.
I acquired through Naturalisation 9 months after she was born.

I was born in San Francisco, California, USA 15 Jul 1972
Expert:  Thomas replied 3 years ago.

Hi,

 

If she was born in Russia then she is not eligible at present to apply for a British Passport because you acquired UK citizenship after she was born. If she was born elsewhere then please advise.

 

If she moves to the UK then she will be eligible to naturlise eventually as a UK citizen.

 

Trust this clarifies, please click accept.

Kind regards,


Tom

Customer: replied 3 years ago.
Thank you. Is there a chance her application for unmarried partner can be rejected???

If we get married. Can you advise the steps for her and my daughter to immigrate to the UK. Is this process easier?

Once in the UK how long will it take to obtain UK citizenship (unmarried visa or spouse visa route)?
Expert:  Thomas replied 3 years ago.

Provided you meet the eligibility criteria and evidence it appropriately and sufficiently it will be successful. Instruct a UK solicitor if you wish for a high chance of success.

 

The criteria is the same if married save that you need not prove the period of cohabitation, you only need to show that your are married by producing your marriage certificate.

 

Both unmarried partners and spouses need to remain in that catefory in the UK for 2 years then they can apply for indefinite leave to remain. 12 months after that they can naturlise.

 

Please click accept.


Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6392
Experience: BA (Hons), PgDip, Practising Solicitor
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