USC with expectant UK/Thai dual citizenship moving to London

[hampguy 9]

Hello,

My friend who is a USC married his longtime gf who Thai/Scottish. She was here on visa for studies. They married here then headed to Thailand for "destination" wedding.

She is pregnant and wants to be in London where her mother an sister live. She has told me all she has to do is fly there with her USC husband and all is done. Myself and my partner in the Philippines are at the medical/interview stages with our K1. He should be here by Christmas. With that being said and knowing what we have gone and are going through something seems wrong with the picture she paints us. She also said that the UK will provide on year of paternity/maternity to each parent and PAY them. How can this be true when they won't even have worked there? Something seems terribly wrong with what she is telling us.

She wants the baby to be born there so baby will be citizen automatically, right? Again, something smells very bad in Denmark....... any leads or links to this situation would be appreciated.

Thank you.

[aaron2020 11,651]

Hello,

My friend who is a USC married his longtime gf who Thai/Scottish. She was here on visa for studies. They married here then headed to Thailand for "destination" wedding.

She is pregnant and wants to be in London where her mother an sister live. She has told me all she has to do is fly there with her USC husband and all is done. Myself and my partner in the Philippines are at the medical/interview stages with our K1. He should be here by Christmas. With that being said and knowing what we have gone and are going through something seems wrong with the picture she paints us. She also said that the UK will provide on year of paternity/maternity to each parent and PAY them. How can this be true when they won't even have worked there? Something seems terribly wrong with what she is telling us.

She wants the baby to be born there so baby will be citizen automatically, right? Again, something smells very bad in Denmark....... any leads or links to this situation would be appreciated.

Thank you.

She is a Scottish citizen. Scotland is part of the UK. That makes her a UK citizen as well. As a UK citizen, she is entitled to benefits.

The USC can not simply waltz into the UK and live. A US citizen is allowed 90 days in the UK without a visa. He would need to get residency status in the UK if he wants to stay. If they aren't doing it the correct way, then their naivete will bite them in the #######.

[hampguy 9]

She is a Scottish citizen. Scotland is part of the UK. That makes her a UK citizen as well. As a UK citizen, she is entitled to benefits.

The USC can not simply waltz into the UK and live. A US citizen is allowed 90 days in the UK without a visa. He would need to get residency status in the UK if he wants to stay. If they aren't doing it the correct way, then their naivete will bite them in the #######.

Thanks. Title of post says UK/Thai dual citizen.

Didn't think it sounded correct from what she has said. Have you any further info?

[Penguin_ie 5,993]

**** Moving from CR-1 spousal visa to UK regional forum as the questions are about UK law, not US immigration. *****

[hampguy 9]

She is a Scottish citizen. Scotland is part of the UK. That makes her a UK citizen as well. As a UK citizen, she is entitled to benefits.

The USC can not simply waltz into the UK and live. A US citizen is allowed 90 days in the UK without a visa. He would need to get residency status in the UK if he wants to stay. If they aren't doing it the correct way, then their naivete will bite them in the #######.

It does seem to me that they are living in an unreal world.... what country can you legally enter and get benefits like one year of paid maternity and paternity leave without even having held a job? It makes no sense to me.

[PhilLuv 43]

Your post is a bit confusing. You mentioned Denmark ... Not sure if she currently lives there. As per moving her husband to the UK he would need a visa. If he is merely visiting he can stay for up to 6 months.

Regarding benefits, if she has been away from the UK for over 6 months it is likely a habitual residency assessment will be done to determine eligibility. If she fails the habitual residency test then she will have to live there continuously for 3 months to qualify.

[hampguy 9]

Your post is a bit confusing. You mentioned Denmark ... Not sure if she currently lives there. As per moving her husband to the UK he would need a visa. If he is merely visiting he can stay for up to 6 months.

Regarding benefits, if she has been away from the UK for over 6 months it is likely a habitual residency assessment will be done to determine eligibility. If she fails the habitual residency test then she will have to live there continuously for 3 months to qualify.

The remark about Denmark was a joke.... "Something smells in Denmark"... It is a line used when something is amiss.

[hampguy 9]

**** Moving from CR-1 spousal visa to UK regional forum as the questions are about UK law, not US immigration. *****

Could you please send me a link to where you placed my post? I am not very familiar with site other than my own usage.

Thank you.

Your post is a bit confusing. You mentioned Denmark ... Not sure if she currently lives there. As per moving her husband to the UK he would need a visa. If he is merely visiting he can stay for up to 6 months.

Regarding benefits, if she has been away from the UK for over 6 months it is likely a habitual residency assessment will be done to determine eligibility. If she fails the habitual residency test then she will have to live there continuously for 3 months to qualify.

They have been married almost 2 years and reside in northern CA. She used to go back to UK to have passport/visa renewed. Her leaving USA before doing AOS etc. will exclude her from becoming a potential citizen here in US, right?

[PhilLuv 43]

Okay I see. Must admit I have never heard of that one. We learn everyday

As per benefits they are entitled if they qualify ... More like if she qualifies at this point. The likes of child benefit, housing benefit, child tax credit if employment income is low, and council tax benefit.

[Penguin_ie 5,993]

Could you please send me a link to where you placed my post? I am not very familiar with site other than my own usage.

You still have it, otherwise you couldn't reply to it

Link to the forum is here: http://www.visajourney.com/forums/forum/99-united-kingdom/

[PhilLuv 43]

So she lives in the State. If she has her green card that does not preclude her from applying for citizenship when she is due, so long as she maintains the requisite physical presence here.

If she leaves for a considerable period without the necessary paperwork then that may affect naturalization application in future.

[Nich-Nick 3,354]

Hampguy--your initial post is confusing. You say she was "here" on a visa and they married "here". Is that US, UK, or Philippines? I kinda lost the plot and thought she studied in the UK on a visa.

If she is a UK citizen, they have benefits for her. But they have new immigration laws that prohibit her from bringing an American husband to live in the UK unless she meets the financial requirements. Read them here https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/469692/Appendix_FM_1_7_Financial_Requirement_August_2015.pdf

You can study maternity benefits here https://www.gov.uk/government/publications/maternity-benefits-technical-guidance/maternity-benefits-technical-guidance

If you can understand those volumes of info, then you may be sufficiently armed to go rain on their parade. Or maybe you will just want to let them work it out for themselves.

[hampguy 9]

Hampguy--your initial post is confusing. You say she was "here" on a visa and they married "here". Is that US, UK, or Philippines? I kinda lost the plot and thought she studied in the UK on a visa.

If she is a UK citizen, they have benefits for her. But they have new immigration laws that prohibit her from bringing an American husband to live in the UK unless she meets the financial requirements. Read them here https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/469692/Appendix_FM_1_7_Financial_Requirement_August_2015.pdf

You can study maternity benefits here https://www.gov.uk/government/publications/maternity-benefits-technical-guidance/maternity-benefits-technical-guidance

If you can understand those volumes of info, then you may be sufficiently armed to go rain on their parade. Or maybe you will just want to let them work it out for themselves.

Nich-Nick,

I reread my post after your comment. I thought it was very clear. She was here(I live in USA) studying. She would go back to UK occasionally to get passport stamped. She married my friend in US and had another wedding in Thailand. Now pregnant, she wants to go back to London and give birth and bring her husband.. Somehow i do not think it is as easy as she says, especially after saying they are not going to work due to her claiming they each get one(1) yea. paid maternity/paternity leave/

. I really do not want to say anything to them, yet i also would not want to see them set themselves up in a bad immigration situation....especially after what me and my partner(Filipino) have dealt with.

[Nich-Nick 3,354]

Nich-Nick,

I reread my post after your comment. I thought it was very clear. She was here(I live in USA) studying..

And how did the post let me know where you lived? That was the confusion. I u derstand the rest.

You have the links. Read them. People with jobs get paid leave. People without jobs...there's some crazy formulas. At best I can see less than £4000. Can't really see how he qualifies to immigrate, but maybe they have cash In lieu of her working minimum of six months at a salary above the poverty level. You know their specifics better so read and find the parts that apply.