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US Citizen with Irish Girlfriend moving to UK - Need advice

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sm97os
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Joined: Sun Mar 22, 2009 3:05 pm

US Citizen with Irish Girlfriend moving to UK - Need advice

Post by sm97os » Sun Mar 22, 2009 3:23 pm

Hello,

I am a US citizen who has been dating a girl from Ireland for two years. We moved from Bermuda last November and I stayed in Ireland on tourist visas for the last 5 months while she sought employment.

She got a job in London, and we came here Saturday from Dublin. Leaving Heathrow, I DID NOT get a stamp or even questioned by Immigration. There wasn't any officials in the Aer Lingus Terminal. I guess it is because travellers from Ireland dont need a passport?

Couple of questions:

1) Should I go somewhere and get my passport stamped with a tourist stamp? I am planning on leaving in June for a couple weeks and then come back. I don't want to get in trouble for not having a stamp. I know that US visitors don't require a visa for less than 6 months, but if US immigration start grilling me about where is my stamp, could I get barred from future entry?

2) Can I apply for the Long Term Premium Visa to avoid the "6 in 12" rule? I don't mind the fees as long as they don't hassle me every time I leave and return.

3) Is there another option for me to get a visa while she works here? It will probably only be 10 months to a year. Maybe a unmarried partner visa or an extended family visa?

Any help is greatly appreciated!!!

Thanks. :D

Mr Rusty
Diamond Member
Posts: 1041
Joined: Fri Nov 09, 2007 1:09 pm

Post by Mr Rusty » Sun Mar 22, 2009 3:40 pm

Assuming that you were legally in the Republic of Ireland, you automatically have permission to enter the UK as a visitor for up to 3 months from the date of your arrival in the UK. The Irish entry stamp in your passport can confirm your status there, and if you have a record of your ticket, or your boarding card, that can confirm your entry to the UK if it's needed.
If you can show that you and your girlfriend have lived together in a relationship akin to marriage for at least 2 years, you have a chance to apply as an unmarried partner. As your girlfriend is an EEA national who is "exercising her treaty rights" by living and working in the UK, the application could be made within the UK - she would apply for a Residence Certificate and you for a Residence card as an EEA Family Member.
If you can't prove 2 years' co-habitation, your options for long-term stay or any form of employment here are pretty limited.

UKBAbble
Senior Member
Posts: 542
Joined: Wed Sep 03, 2008 3:08 pm
Location: Berkshire

Post by UKBAbble » Sun Mar 22, 2009 11:18 pm

I concur.

sm97os
Newly Registered
Posts: 17
Joined: Sun Mar 22, 2009 3:05 pm

Post by sm97os » Mon Mar 23, 2009 10:37 pm

Thanks for the reply. Would it be easier (or possible) to simply try to re-enter on a tourist stamp after I leave in June. Technically the UK has no proof of my being here, therefore, I would appear that I was entering for the very first time when I returned.

Of course, if the US immigration dept sends the info to UK then the plan is probably moot...

I dont want to work here, I dont want any social benefits, I have plenty of money and my own insurance. What is the issue of coming here on a tourist visa every 6 months and then leaving for a while?

Cheers

UKBAbble
Senior Member
Posts: 542
Joined: Wed Sep 03, 2008 3:08 pm
Location: Berkshire

Post by UKBAbble » Mon Mar 23, 2009 10:53 pm

Don't lie to conceal a previous visit when asked about it. Frequent visits with a short gap between look very suspicious unless you're an international busineeman.

sm97os
Newly Registered
Posts: 17
Joined: Sun Mar 22, 2009 3:05 pm

Post by sm97os » Mon Mar 23, 2009 11:03 pm

UKBAbble wrote:Don't lie to conceal a previous visit when asked about it. Frequent visits with a short gap between look very suspicious unless you're an international busineeman.
I wouldn't do that. I would do the unmarried partner route, but coming up with all that documentation is impossible. I might be able to get a copy of a lease that says we lived together for two years, but that is about it.

How about these scenarios:

1) Fiance Visa - Would I have to apply for that when I am back in the States and how long would it take?
2) get married in UK - would I have to leave and then apply for spousal visa in the States?
3)get married in Ireland?

Basically, we will probably be here for no longer than a year, and I don't want to be separated from her for too long. I honestly don't want to be here at all, but she got a job here as there are none in Ireland. I am self employed, so I dont need a job.

Cheers

sakura
Diamond Member
Posts: 1789
Joined: Sun Feb 25, 2007 9:29 pm
Location: UK

Re: US Citizen with Irish Girlfriend moving to UK - Need adv

Post by sakura » Tue Mar 24, 2009 8:38 am

sm97os wrote: 1) Should I go somewhere and get my passport stamped with a tourist stamp? I am planning on leaving in June for a couple weeks and then come back. I don't want to get in trouble for not having a stamp. I know that US visitors don't require a visa for less than 6 months, but if US immigration start grilling me about where is my stamp, could I get barred from future entry?

2) Can I apply for the Long Term Premium Visa to avoid the "6 in 12" rule? I don't mind the fees as long as they don't hassle me every time I leave and return.

3) Is there another option for me to get a visa while she works here? It will probably only be 10 months to a year. Maybe a unmarried partner visa or an extended family visa?

Any help is greatly appreciated!!!

Thanks. :D
I don't think the US and UK share information on tourists who don't have stamps or any such thing. They probably share information on (potential) high-security travellers, so you should be ok.

Any other tourist visa, even if valid for 1,5 or 10 years, still wouldn't allow you to stay longer than six months at any one time.
sm97os wrote:I dont want to work here, I dont want any social benefits, I have plenty of money and my own insurance. What is the issue of coming here on a tourist visa every 6 months and then leaving for a while?
The point is, you're planning on living here on a tourist visa, which defeats the whole intention of being on a tourist visa. Granted, you do not want to work, fine, but if most people did what you are planning on doing, they'd be here for as long as they like, renewing their visas when they should be looking to obtain the appropriate residency visa.

Since you don't plan to work, maybe try the fiancé visa, which is valid for 6 months. But you would have to apply for that from the US; it usually does not take long (but does depend on which UK consulate you send the application to).

For the spouse visa, there are two options: for the UK spouse visa (issued under British immigration rules) you would need to apply for this from the US. For the EU residence permit, issued under EU regulations for EU national family members from outside the EU, you can apply for this whilst resident in the UK in any capacity. Although, for these routes you would have to get married, and if that isn't your intention right now, you would seriously have to think about what it means for you both in the long-term.

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