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

DCFC79

rachy182 wrote: »

I think some posters are trying to get accross that according to you your son will be able to look after a house and a child. Running a house and looking after a child are huge responsibilities that is a demanding job itself and you believe that your son has the skills to do this. What people find contradictory is that if your son can be trusted with a child 24/7 then he should be capable of holding down a job. it might not be what you want to hear but i would be concerned for the safety of a child if your son was the main care giver. if your son got a job then it might make things simpler as he can support both of them.

Yes I agree, that's how I understood the replies.

If hes able to be a house husband then able to hold a job surely, maybe a job from home.

missbiggles1

brewthebear wrote: »

I agree with missbiggles1 you seem to jump on anyone who says something you dont like If you want to help your son give him a load of saving and send him off to the USA will he get in NO!! so reverse that and the same appliers to her I suggest they both start saving else this is a non starter probably something you dont want to hear....

I never said anything like that!

lr1277

You may want to consider the following complication in the mix.


US citizens have to continue to pay US taxes when earning money abroad. I know there are double taxation treaties, but still US taxes apply as well as UK taxes. Perhaps the salaries involved may not mean US or even UK taxation apply, but suggest it is worth investigating.


Some other posters have mentioned getting citizenship of a EU country. Whilst this is entirely possible, the American would have to renounce their American citizenship, possibly make sure all tax payments were up to date and also possibly pay a fine/fee. Not sure on that last part. Also any citizens who renounces their citizenship are listed on a document published by the US government.

burlington6

Can she get duel nationality through another EU country?

A family friend did this when he met a girl from Peru. She found out her grandmother was from Sweden, somehow managed to get a duel nationality passport and because Sweden are in the EU, was able to claim benefits when she got here and starting breeding.

HappyMJ

lr1277 wrote: »

You may want to consider the following complication in the mix.


US citizens have to continue to pay US taxes when earning money abroad. I know there are double taxation treaties, but still US taxes apply as well as UK taxes. You would have to investigate the finer points. Perhaps the salaries involved may not mean US or even UK taxation apply, but suggest it is worth investigating.


Some other posters have mentioned getting citizenship of a EU country. Whilst this is entirely possible, the American would have to renounce their American citizenship, possibly make sure all tax payments were up to date and also possibly pay a fine/fee. Not sure on that last part. Also any citizens who renounces their citizenship are listed on a document published by the US government.

They can't use the European route as he isn't working and cannot work.

All other EU countries have similar immigration laws to here requiring him to work and have enough money to support both of them without recourse to public funds. He would also have to be married to the woman or have lived with her in a relationship akin to marriage for 2 years.

He would also have to be employed or self employed in the other EU country to be able to come back to the UK with what would have to be his wife. He cannot bring his girlfriend to the UK.

The woman cannot renounce her US citizenship as she won't have another citizenship. It takes many years to get a UK citizenship she's got to get the Indefinite Lave to Remain visa first which the government is making extremely difficult....and it's costly. Neither of them have money so I can't see this succeeding any time soon.

clint_S

There are a few different areas to this.


The Girlfriend - With no job or qualifications it will remove a lot of the "loopholes", Also NHS has some ridiculous policies for overseas workers, for example she'll have to take and pass International English Testing System test, or as it seems English as a second language proficiency test, even though she has Passed English and is most likely a native English speaker. Tier 1 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/420151/Tier_1__General__Guidance_04_2015.pdf
Tier 2 Shortage of workers
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/420151/Tier_1__General__Guidance_04_2015.pdf


Son - would really help if he could get work. High functioning Autism, like Asperger's, do regularly work. What field is he interested in, most have high levels of intelligence, it's not possible to have an IQ below 70 and be high functioning. A Maths\finance job I have found to be very successful especially if desk based and away from the public.


The typical way of completing this would be to apply for a spouse visa, but at this present time your son will not be able to complete the basic requirements.


If the girlfriend gets a job at a large international company she could see about transferring to the UK, a possible loophole but she would need to find the right company and I don't believe she has the correct qualifications so this might not be the best solution.


Working Visa for the girlfriend is a possible, again needs to look at her qualifications to see if she will be accepted.


As for moving to Europe and then moving to the UK this loophole only exists if the girlfriend can find employment in Europe and the couple will need to live in that European country for a few years before she can apply for citizenship. This really is about employment for areas that are considered higher importance in other countries and low importance in the UK. Marriage doesn't grant citizenship or a visa in any European country that I know of.


You might be able to get a domestic workers visa if you sponsor her. https://www.gov.uk/domestic-workers-in-a-private-household-visa, she could then apply for training to reach the level required for other visas whilst in the UK.


She could finish her education in the UK with a student Visa. https://www.gov.uk/tier-4-general-visa

BigAunty

clint_S wrote: »

As for moving to Europe and then moving to the UK this loophole only exists if the girlfriend can find employment in Europe and the couple will need to live in that European country for a few years before she can apply for citizenship. This really is about employment for areas that are considered higher importance in other countries and low importance in the UK. Marriage doesn't grant citizenship or a visa in any European country that I know of.

OK, so its a complex area so the OP is best getting proper immigration advice on this route but I've had a quick browse on this topic.

I don't think its about the non-EEA person getting employment in an EU country, nor about the non-EEA person getting EU citizenship outside of the UK but within an EU country through marriage.

I think its about the UK citizen showing that they are part of another EU country for awhile as part of their normal life and then coming back into the UK with their non-EEA family member.

A French person with a US wife, for example, can simply upsticks from Paris to London and the minimum income threshold cannot be applied to them. Therefore, I believe the rules are about the UK citizen being able to a similar freedom of movement from other EU states, including bringing a foreign spouse with them. EC law supercedes UK immigration law.

As per a UK govt website "A British national and his / her non-EEA national family members can only benefit from free movement rights if they meet the criteria established in the ECJ case of Surinder Singh. The case stated that nationals of a Member State who are exercising an economic Treaty right (that is, as a worker or self-employed person) in another Member State will, on return to their home state, be entitled to bring their non-EEA family members to join them under EC law.

Example: A British national is exercising an economic Treaty right in Germany and living with his non-EEA national spouse and children. On the British national’s return to the UK, his non-EEA national family members can apply for an EEA family permit to join him under EC law."

https://www.gov.uk/government/publications/eea-family-permits-eun02/eea-family-permit-eun02#eun214-can-family-members-of-british-citizens-qualify-for-an-eea-family-permit-surinder-singh-cases

BigAunty

Does the Surinder Singh route require the UK citizen to have employment in an EU country or could their connection to France, Germany, Spain, etc, be through education?

What I'm thinking is whether the OPs son and GF couldn't sign up for a college or Uni course in the Netherlands, for example, for a year which has cheaper fees than the UK and which allows EU students of a certain age to get some benefits like housing benefit. I think its around 2000 euros for tuition at an NL uni (many have English language led courses), not sure how much tuition is for a US student.

Perhaps if permissible, she could just get a visa to stay with him in the NL for a while without the cost of studying involved?

burlington6

If she wants to come here, work hard and support your son I hope she gets in.

If she wants to come here and find ways of playing the system I hope they don't consider her.

FBaby

it has only been my intention to gather some advice to help my son achieve his goals

There are two issues here, the immigration matter, but also the fact that you posts seem to infer that he is considering a -committed- relationship with someone he hardly knows.

You seem quite defensive of his ability to do any work as a result of his autism. Surely the idea that he would be put in a situation where someone relies so much on him to adapt to a new country, and support them financially has got to be something to consider with his disability. It is hard enough to build relationships successfully without disabilities, let alone immigration issues, I would have thought that the best advice to give is for him not to set his mind and heart so strongly on this, and certainly not make it his goal as the implication of failure overall is very high.