How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6442
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

My partner lives in London while I reside in the states. We

Resolved Question:

My partner lives in London while I reside in the states. We got engaged in 2010 & I plan on moving to U.K. with my minor child. How would I go about doing this? Would I need a specific visa if we plan to marry on my next trip out there? Also--he has european citizenship-specifically Austria.
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. What nationality are you?
  • 2. Is he Austrian only (not dual citizenship)

 

Kind regards.

Tom

Customer: replied 3 years ago.

1. American

2. Has dual citizenship w/ Austria & South Africa

Expert:  Thomas replied 3 years ago.

OK where are you to marry?

 

Tom

Customer: replied 3 years ago.
Either Seychelles or London. If it makes more sense to marry in London we are willing to do that.
Expert:  Thomas replied 3 years ago.

It would be easier from an evidential point of view for you to marry first then make the application for your visa.

 

How long have you been in a relationship for and what have been your recent periods of cohabitation.


Kind regards,


Tom

Customer: replied 3 years ago.
We've been in a relationship for 9 years. We met and lived together in U.S. until 2008 when he went to U.K. due to flailing U.S. economy. I was last in U.K. from April-May 2011 & there have been periodic visits but last cohabitation occurred here in U.S. from 2002-2008.
Expert:  Thomas replied 3 years ago.

Hi,

 

Thanks for your reply, so it's take some time for me to get back to you.

 

You will have to apply for an EEA family permit in order to secure your leave to remain in the UK to work. You will need to apply for it before you travel and must submit the appropriate documentation to the UK embassy closest to you:-

http://www.ukvisas.gov.uk/en/howtoapply/infs/inf18eeaswissnationals

 

If you are not married then you will have to show that you are in a "durable relationship", usually this would mean having cohabited for greater than two years but in view of the length and nature of your cohabitation you may be able to prove this element by submitting documentary evidence of your relationship during this time (eg. Witness statements, correspondence, joint utility bills etc) then you should be fine in convincing them of your ummarried partner status.

 

If you marry in the Seychelles and then apply from the US to the UK embassy there then you need only show your marriage certificate. You will have to include your child in the application as your dependent.

 

Once you have come to the UK on your family permit you will be eligible to apply to the UKBA for a residence card which confirms your right of residence in the UK on the basis of your marriage. It will either take the form of an endorsement in your passport or as a separate immigration status documents confirming your right to reside here for 5 years. At the end of this time you will be able to apply for a Permanent Residence here if you wish subject to the residential restrictions in place.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6442
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.
I will likely have further questions later on. I will keep you on for future questions. Thank you!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience