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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7618
Experience:  BA (Hons), PgDip, Practising Solicitor
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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: 6 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 6 years ago.


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.


Customer: replied 6 years ago.

1. American

2. Has dual citizenship w/ Austria & South Africa

Expert:  Thomas replied 6 years ago.

OK where are you to marry?



Customer: replied 6 years ago.
Either Seychelles or London. If it makes more sense to marry in London we are willing to do that.
Expert:  Thomas replied 6 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,


Customer: replied 6 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 6 years ago.



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:-


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.


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I will answer your follow up questions you may have.

Kind regards,


Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 6 years ago.
I will likely have further questions later on. I will keep you on for future questions. Thank you!