Where to start? sons USA girlfriend wants to move to UK to be with him.

BigAunty

heuchera wrote: »

Would it be just as difficult for him to move over there?

https://en.wikipedia.org/wiki/K-1_visa

pol-zeath

I agree with some of the other posters - You say your son can run a home and look after a baby which contradicts you saying he can't work as he has a disability.
Running a home and looking after children is hard work!

itsanne

BigAunty wrote: »

I don't know if it's an urban myth, a legit loophole or a closed loophole, but I've heard rumours that some couples (UK citizen and non-European) get around the income rules by getting married in Europe, conferring EU citizenship on the non-EU spouse which then means an automatic right to reside in the UK without any of the conditionality that comes with foreign birth.

Sorry if I am merely perpetrating a false rumour. I don't usually post hearsay but I am just too tired to do the internet research on it to find out if its true or not.

I was just about to post something very similar, though I think the couple may have to live in the other EU country for a while before she would be entitled to live here. I'm not sure of the exact details either, but I suspect that route is probably the most likely to succeed.

unforeseen

BigAunty wrote: »

https://en.wikipedia.org/wiki/K-1_visa

Still have the problem of income/assets

Visa applicants are required to demonstrate to the Consular officer that they are unlikely to become public charges in the United States. Generally, this is accomplished by the petitioner filing an Affidavit of Support (Form I-134) showing he or she has an income or assets that are above that of the poverty line in the petitioner's state of residence.

anmarj

There is also the possibility that the girlfriend may not be allowed to work on her visa, so how are they going support themselves if they both can't work, as your son would not be able to claim benefits for her as she may have no recourse to public funds on her visa to.

Start a plan to start saving, and if they really want to be together they will do it.

tomtontom

BigAunty wrote: »

I don't know if it's an urban myth, a legit loophole or a closed loophole, but I've heard rumours that some couples (UK citizen and non-European) get around the income rules by getting married in Europe, conferring EU citizenship on the non-EU spouse which then means an automatic right to reside in the UK without any of the conditionality that comes with foreign birth.

Sorry if I am merely perpetrating a false rumour. I don't usually post hearsay but I am just too tired to do the internet research on it to find out if its true or not.

You are referring to the Surinder Singh case, and it is not nearly as simple as you describe. The UK citizen would need to be exercising their right to free movement in the country, usually by working there, for at least three months.

GracieP

Has she any European grandparents? Some countries have a 'grandparent rule' which would allow her to claim citizenship of her grandparent's country of origin. So if she has/had an Irish grandparent she could apply for an Irish passport and then she is automatically an EU citizen.

enthusiasticsaver

If she is unqualified and does not have savings she is unlikely to qualify to get through the many immigration hurdles we have now. To be honest, an art therapy job if she is able to do that is not the sort of job which comes up very often and she would need all sorts of contacts and work experience in this country to be able to go into that. If your son also does not work due to disability and lives solely off benefits then he is unable to support her so it does not sound promising. I am not sure why you say he is unable to work and yet is able to be a house husband and look after children. My daughter and son in law, both able bodied have a young baby and I can tell you that is one of the hardest jobs going!!

MissMoneypenny

hannahp wrote: »

Where should I start?

My son has asked for my help in researching how his USA girlfriend can move to the UK to be with him.

There is no girlfriend/boyfriend visa. Are they planning to marry?

Fiance visa - they must marry within 6 months, she can't work on that visa and will need to pay at point of use if she uses the NHS.

Or if they marry, a spouse visa, she can work on that visa and will have to pay the £600 Immigration Health Surcharge to be able to use the NHS.

The visa fees aren't cheap.

hannahp wrote: »

He is unable to work as he has a disability that prevents him (& has no savings either) He would make a good house husband & father & be able to keep house while she worked though.

If he claims DLA or PIP then he is exempt from the 18,600 sponsorship amount, but will still need to show he can support her without using UK publuc funds. Their is a set formula.

https://www.gov.uk/join-family-in-uk/overview

MissMoneypenny

GwylimT wrote: »

Soon to be £35k!

That's for those on work visas who want to settle in the UK, not family visas.