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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6518
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello, I am a Chinese holding a general tier 4 visa at the

Resolved Question:

Hello, I am a Chinese holding a general tier 4 visa at the moment, the visa will be expired end of this month. My boyfriend is a British and has been working, his wages is above 18600 pounds per year. We were discussing to apply the marriage visa then. But we don't know how to prepare the genuine and subsisting, we are in current relationship but has only been up to 8 month so far, we haven't lived together as I had my rented flat before I knew him and he lives in his family, so we also don't have joint account such stuff. Recently, I have been pregnant. So my questions are: 1. If I keep this child, can I still apply a fiance visa or spouse visa in China and come back to give birth in the UK? 2. If I give birth in the UK some time later after I get fiance visa, will he still be required to have 22400 pounds or 18600 pounds per year? 3. Besides whether keep this child or not, how do I show our relationship is genuine and subsisting and I and him have met in person? What documents could be the evidences? 4. If we get marriage registered in China, can I apply spouse visa directly? 5. The register office says there will be 21 days waiting to get the CNI, and my boyfriend seems need the authentication in Chinese embassy, is there any ways to get the CNI done quicker because we are going to fly to China together at 28 th this month?
I feel this type of visa is so complex, please give some help asap!
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

Is your boyfriend British Otherwise than by Descent? meaning that he was born in the UK to parents who were also British?

Kind regards

Tom
Customer: replied 1 year ago.

He is born in the UK, a British citizen.

Expert:  Thomas replied 1 year ago.
Hi,

What is his date of birth please?

Tom
Customer: replied 1 year ago.

16-10-1979, could you please tell me what other information you need at one time, so that I can write to u all together, this site seems charges me a lot so i need to get constructive answers soon. my d.o.b is 09-04-1989, my current visa runs out end of this month, means 30 th aug., what other information you need to know? Is fiance visa possible for me?

Expert:  Thomas replied 1 year ago.
Hi,

No need to worry, I just needed some further information to enable me to answer. It has not cost you any more money to reply to my info requests.

I am drafting your answer now and will reply to your numbered questions once I have finished drafting. It should take around 5 mins.

Kind regards,

Tom
Customer: replied 1 year ago.

Thanks you! Please! We are quite anxious recently.

Expert:  Thomas replied 1 year ago.
Hi,

Yes, I know. Nearly there, but I have to be quite comprehensive here because you have asked quite a few questions.

Tom
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

Firstly, because your boyfriend is a UK citizen otherwise than by descent then your child will be eligible for UK citizenship regardless of whether they are born in the UK or outside the UK.

If they are born in the UK then they will have “UK citizenship otherwise than by descent”, which means that they themselves will be able to pass their UK citizenship on to such of their children that are themselves born outside the UK.

If they are born outside the UK then they will have “UK citizenship by descent”, which means that they have all the rights of other UK citizens except that they would only be able to pass their UK citizenship on to such of their own children that are born in the UK.

In answer to your numbered questions

1 – If you keep this child then it does not mean that you cannot apply for a fiancé or spouse visa. You can still apply for a fiancé or spouse visa. However, you could not apply simply on the basis that you wish to have the child born in the UK. You must apply on the basis of your relationship to your boyfriend, whether for a fiancé or spouse visa.

2 – Have regard to my answer in 1 above if you were to give birth to the child in the UK then you would either have extended your current visa (which it does not sound like you are going to do) or been successful in either applying for a fiancé or spouse visa.

However, even if you give birth to the child outside of the UK then the child will still be entitled to UK citizenship. This means that you could apply for a UK passport for them. If they obtain the UK passport then they would not need to be sponsored to come to the UK, which means that you would only have to meet the £18, 600.00 per annum criteria.

Please note though, China does not permit dual citizenship. So, if you get the child a UK passport then my understanding of Chinese nationality law is that any Chinese citizenship they may have automatically would be revoked. If you were to take the decision to keep Chinese citizenship for the child then they would require to be sponsored to come to the UK with you and so the financial criteria would increase to £ 22400.

3. You would basically have to produce anything at all in documentary form that you have which proves the chronology of your relationship. You should sit down with your boyfriend and create a timeline starting from when you met of the things you have done and how your relatinooship has developed.

Things like photos, emails, text messages, evidence of trips you have taken, perhaps statements from others that have seen you together.

Please note thought that if you apply for a fiancé visa the evidential threshold is greater because instead of proving that you are married (marriage certificate for a spouse visa) you have to show that you INTEND to marry. So things like purchase of a ring, evidence of having met (photos correspondence etc), details of the proposal, evidence of a church booking, booking of a wedding venue, evidence of invites etc.

4. Yes, correct. If you are married according to the laws of country in which the marriage took place then you can apply for a spouse visa straight away.

5. You will have to refer to the registry office where you boyfriend intends to apply for it to see if it can be expedited. They are the ones who actually issue it and so they would be the only ones who know if this is possible. It may be unlikely before your intended travel times, but I cannot say for sure.

My final piece of guidance is the most important. However you decide to apply, whether for a fiancé or spouse visa, you should instruct a UK based immigration solicitor to prepare an application for you). You can find local solicitors via:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law
It should cost around £1800.- 1250+ VAT. It will save you money in the long run, in all probability because they will confirm your eligibility and sufficiency of the supporting documentation and draft/collate the application in such a way so that it will be quickly approved.

If you prepare the application yourself then you may make a mistake, find it rejected, forcing you to either appeal (taking further time/legal fees with no guarantee or success) or having to apply all over again.

Good luck.



Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 1 year ago.

So does it means, to conclude, if I keep this child, the child would be British citizen anyway; no matter I keep this child or not, I can apply the fiance visa later on or even the spouse visa if I and my bf get married in China; and we don't have to show the joint bank account, same address and bills if we don't have those so far, instead, we can show the printed pictures and rings and other relevant things? Have I understood it correctly? But, about the ring, trips, would the evidence be oral statement during further interview of the visa application process or the photocopies of some receipt? If we couldn't find the receipts anymore, what can I do? About the messages and emails, they are quite private, do we have to print them out to show them? Also, another question, I saw it says settlement can be applied after five years? Does that mean five years for the partner visa or for all visas? Because I have already stayed in the UK for 3 years so far, If I get the fiance or spouse visa, will i get the residence permit in another 2 years then? And, during the period, how many days I can be outside of UK, i'm not sure if it's no more than 90 days or something.

Expert:  Thomas replied 1 year ago.
Hi,

Yes, the child would be a UK citizen regardless of whether you kept it or not provided they can prove their parentage and regardless of whether they were born in the UK or outside of the UK.

It's not essential that you have joint accounts, same address etc but you have to balance it by submitting more substantial other documentation such as the things I mentioned. The onus is on providing as much as you possibly can and over as long a period of time as possible.

If you have withdrawn money on the trips for which you have no receipts then you can see if you can get bank statements which show that the cash point from which you withdrew the money is in the place where you took the trip.

Printouts of the correspodence that you had are very good if you don't have the kind of joint documentation because it substantiates the relationship. You can probably delete the parts that are really intimate or private thouihg.

You can apply for settlement (ie. indefinite leave to remain) once you have remained in the UK for a period of 5 years. Your previous three years do not count

If you get a spouse visa it will be granted for 2.5 years. You would have to apply for an extension to it at the end of the 2.5 years so that you get further leave for 2.5 years to take you up to 5 years.

As to the permitted time outside of the UK during the 5 year period in order to qualify for ILR there is no set permitted amount and each case is judged. You woudl be okay spending 90 days outside the UK during each 12 month period, but you will note from the following link that if you wish to apply to naturalise as a UK citizen that you must observe the stated time limits in order to qualify:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/spouseorcivilpartnerofcitizen/

Please remember to rate my answer.

Kind regards,

Tom


Thomas, Solicitor
Satisfied Customers: 6518
Experience: BA (Hons), PgDip, Practising Solicitor
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