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Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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i am illegal live with my girl friend from hungary for morethan

Resolved Question:

i am illegal live with my girl friend from hungary for morethan 3 years we have a beautifull dauther what can i do to update my status
Submitted: 5 years ago.
Category: UK Family Law
Expert:  Thomas replied 5 years ago.

Thanks for your question.
If your girlfriend is an EEA national exercising her treaty rights in the UK and you have a child with her then you should make an application for a residence card within the country. Without a child I would say that you should return to your home country to make the application from there, but providing you are an essential part of the child’s life and provide constant parental assistance then you have a reasonable chance of being successful with an in country application.
You would have to show that you have cohabited with your partner for a period of two years (ie. that you have a “durable relationship” with her)/
You apply to the UKBA for a residence card which confirms your right of residence in the UK on the basis of your relationship and that of the child:-

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 and have not spent significant time outside the UK. After that you can naturalise as a UK national by applying for naturalisation
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Kind regards,

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