UNMARRIED PARTNER OF PREGNANT EEA

[acuevas]

Hello, my name is Adrian and I am NON EEA, my partner is Polish and shes 31 weeks pregnant.
She was in the UK since 2010 to 2014, and on 2014 January she left to mexico for holidays, we met and started to live together. On october 2015 she tried to come back to UK but due to some flight issues she was unable to flight (and we noticed shes pregnant) until november 2015.

My eea partner tried to find a job as soon as she arrived but due to advanced pregnancy she was unable.
On december 2015 i joined on a visitor visa which doesn´t allow me to work of course.

As she can´t work right now, and neither do I, what options do we have in order to be here legally?
I am not overstaying, all her family is here working for more than 10 years.
Thank you very much.

[noajthan]

Hello, my name is Adrian and I am NON EEA, my partner is Polish and shes 31 weeks pregnant.

...

As she can´t work right now, and neither do I, what options do we have in order to be here legally?
I am not overstaying, all her family is here working for more than 10 years.
Thank you very much.

Your patner should investigate whether she has acquired PR already.
When did she first come to UK (2010?).
Has she exercised treaty rights continuously since then ? (how?)
As an A8 national was she registered for WRS?

The absence from UK may have broken her continuity of residence in UK however as there is an exceptional one-off element to the absence (pregnancy) her continuity may still be intact.

Otherwise there are three possibilities for the EEA national to continue to exercise treaty rights in this case:

1) EEA national becomes a self-sufficient qualified person - you will both need CSI for this status.

2) EEA national becomes self-employed;

3) if a worker before, EEA national may be able to retain worker status on the basis of maternity leave. (May be a little tenuous due to the additional absence from UK).

In order to be sponsored as an unmarried partner of an EEA national (and apply for a RC as extended family member) you will need to show you have been in a relationship 'akin to marriage' for 2 years or more.

It could simplify your case if you just get married (but note that you can't marry on a visitor visa).
You would then be a direct family member - then much more straightforward to secure residency and rights to work/study in UK.

[acuevas]

Many thanks for the info, but...

Basically she left for holidays since january 2014 til november 2015, so im pretty sure she lost these 4 years from 2010 to 2014 counting to be able to aquire PR. Before going to MX basically she was a worker full time.

We have been together for the 2 continuos years in Mexico, since 2014 til now in London, only 1 month gap.

I am affraid she can´t retain the worker status, since such a long abscence, and the pregnancy was just on August 2015. 3 months before coming to UK.

[noajthan]

Many thanks for the info, but...

Basically she left for holidays since january 2014 til november 2015, so im pretty sure she lost these 4 years from 2010 to 2014 counting to be able to aquire PR. Before going to MX basically she was a worker full time.

We have been together for the 2 continuos years in Mexico, since 2014 til now in London, only 1 month gap.

I am affraid she can´t retain the worker status, since such a long abscence, and the pregnancy was just on August 2015. 3 months before coming to UK.

As mentioned, EEA national may have a tenuous claim for retained status as a worker on maternity leave but its a longshot and may not stand scrutiny.
Failing that look at option 1 or 2 as suggested above.

if you've not been together 2 years your best bet may be to think about marriage.
If you do have 2 years akin to marriage under your belt (with rock-solid evidence) then you could shoot for EFM.

[acuevas]

seems like our only option is to apply for a eea efm since after the 2 years leave she won´t qualify for pregnancy leave.

we need to apply as she just came for the first 3 months and looking for a job. but all her time spent here before will be lost. and start new record.

[acuevas]

Hello,

my name is Adrian, and will describe our situation.

My EEA national is 31 weeks pregnant,she was living before in UK with her family and working "Qualified person" until 2014 when she left to Mexico for holidays, we met and she stayed with me until november 2015.
I joined her on December 2015. When she arrived she tried to find a job but couldnt due to her pregnancy, when i arrived on december well, no one of us can work!

she was receiving jobseeker allowance until february 29th, and tried to apply to income support but seems like no working.
We decided to apply for EEA EFM because we´re not married, but reading the "rules" says that "she can´t be on income support. in order for me to get the PERMIT.
our bigger concern is our baby, will be born on may and we have nothing to offer, I decided to stay because was affraid to miss my boy´s birthday... HELP PLEASE. WHAT COULD WE DO?

[Casa]

Please continue in your other thread where you are already receiving advice.
http://www.immigrationboards.com/europe ... l#p1327077