Hello all,
I posted previously on the forum about our situation: me (with dual citizenship- British and Romanian) and my Romanian partner (we are not married, but we have been living together for some time) are expecting a child and at the time of my previous post were not decided whether to have the baby born in Uk or in Romania. Now we made up our mind and we will go to Romania for the child birth.
I am slightly confused about the residence rights for my girlfriend. Currently her status here (or the way I see it, we did not apply for a residence permit) is that she is resident as self-sufficient EU citizen: she does not work, does not have NINO or pay contributions and I fully support her thru my full-time employment plus she has some savings from Romania. We have both registered for private health insurance, as understand this was helping her for residence status.
When she goes to Romania for the child birth- she will have to stay there for more than 6 months. I am interested to know: a. if she currently is considered to be resident in Uk (for reasons of permanent residence after 5 years), does she need to apply for residence before she goes away to Romania and b. if she will still be considered resident or she will breach her residence by staying in Romania up to 12 months.
Most likely I will move as well to Romania just before the child birth and stay there for some months. We have not decided yet whether to give up on our apartment in London (we are renting at the moment and if we both go away makes no sense to keep it- unless it is necessary for her to prove some intention to return to UK after the birth).
We will apply for a British passport for the newborn (based on descent), so we would like to avoid a situation where myself and the baby will have a right to reside in UK, but the mother will have a problem to remain without applying for additional documents.
Thank you for your advices.
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