# Applying for a spouse visa and pregnant



## highfive (Jul 12, 2012)

Hello Everybody,

Planning on applying for a spouse visa for my partner around June July 2013. We got married in September 2012 and I recently arrived back in UK and back to work. I meet the financial requirements but I have wait for six month in order to collect payslips and bank statements.
I recently found out my wife is now almost one month pregnant and by the time I apply for her visa she will be around six month pregnant. We obviously didn't plan for this and don't want her to give birth abroad so I would like to know if we can still apply for a visa in six month time and hope to get the visa before she is due


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## Joppa (Sep 7, 2009)

highfive said:


> Hello Everybody,
> 
> Planning on applying for a spouse visa for my partner around June July 2013. We got married in September 2012 and I recently arrived back in UK and back to work. I meet the financial requirements but I have wait for six month in order to collect payslips and bank statements.
> I recently found out my wife is now almost one month pregnant and by the time I apply for her visa she will be around six month pregnant. We obviously didn't plan for this and don't want her to give birth abroad so I would like to know if we can still apply for a visa in six month time and hope to get the visa before she is due


Congratulations!
I am afraid no special consideration is given about pregnancy. You still have to wait 6 months before applying, but it may help your cause if you enclose a letter explaining the situation and asking for speedy processing. Include a doctor's note about expected date of delivery. This might just work but there is no guarantee.


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## highfive (Jul 12, 2012)

Since there are no guarantees, what are our options if we apply and she gets her visa after giving birth?


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## eli11 (Nov 28, 2012)

Hello,
My husband and I applied for our VISA on the 1st of December 2012, he's British, I'm Mexican. 
I'm now 5 months pregnant and we're hoping to hear from the UKBA next month (we already got the "You will shortly receive an email informing you of the decision made" e-mail).

We already thought about the options we have, and if the process takes longer than expected and my baby is born in Mexico, my husband will travel here, he'll register the baby as a British citizen, and then the three of us will be able to enter the UK. 
If you don't want your wife to give birth abroad, you can keep this in mind as an option.


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## Crawford (Jan 23, 2011)

highfive said:


> Since there are no guarantees, what are our options if we apply and she gets her visa after giving birth?


She gives birth in the US, you visit her and you can register the child for British citizenship in the US if you want. When the visa is issued you move to the UK.


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## highfive (Jul 12, 2012)

eli11 said:


> Hello,
> My husband and I applied for our VISA on the 1st of December 2012, he's British, I'm Mexican.
> I'm now 5 months pregnant and we're hoping to hear from the UKBA next month (we already got the "You will shortly receive an email informing you of the decision made" e-mail).
> 
> ...


If the baby is born will this affect the financial requirement?


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## Crawford (Jan 23, 2011)

highfive said:


> If the baby is born will this affect the financial requirement?


No. Presume you are a British citizen and so the child will be British by descent, and therefore does not need to be included in the financial requirements.


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## highfive (Jul 12, 2012)

I am planning to bring my wife to the UK on a family visit visa to stay with me until July 2013. Hopefully by then I would have all the required documents ready for her to go back and apply for spouse visa. 
I am not quite sure about the rules for applying for a spouse visa just after returning back from the visit.


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## kaikoo (Sep 15, 2013)

Hello, sorry to intrude on this thread. I am new to this forum but have been an avid reader of it for some time now as I apply for my UK spouse visa. I am in a similar predicament as I am now 5 months pregnant. We also did not expect that I would be during this application process. My husband and I have been living together in HK for 2 years before he moved back to the UK almost 5 months ago in order to start this visa application. we are now awaiting his Sept payslip in order to meet the 6-month financial requirement condition for category A. My question is, will it help or affect my application (negatively) if I mention that I am pregnant in my letter of introduction? We are applying in HK where I am officially a resident and have been for the past 7 years (so we can avail of the priority fast track service). 

I want to be in the UK by mid-October and fly while I still can easily. I wondered if the pregnancy would help in affirming the genuine relationship as well as stress the urgency in which we need the visa turned around... Would appreciate your advice.

Thanks


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## AmyD (Jan 12, 2013)

Pregnancy makes no difference. Some people say it proves a genuine relationship but you need more than just a big round baby belly to prove your relationship. So feel free to mention it but don't rely on it.


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## kaikoo (Sep 15, 2013)

AmyD said:


> Pregnancy makes no difference. Some people say it proves a genuine relationship but you need more than just a big round baby belly to prove your relationship. So feel free to mention it but don't rely on it.



Thanks!  Point taken. May not mention it then, just wondered if it would help hasten the application as we really do not want to give birth in HK. We just bought a house in Scotland and are so prepared to start our life there together. I guess we'll have to rely on the priority service for the fast turnaround.

You're right it's not a shoe-in for a genuine relationship but it's certainly a natural course for a married couple which is why I thought it might be worth mentioning.


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## Joppa (Sep 7, 2009)

Having children may be evidence of genuine relationship, but being pregnant - no. For all they know, it may be the result of extra-marital affair.


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## kaikoo (Sep 15, 2013)

Joppa said:


> Having children may be evidence of genuine relationship, but being pregnant - no. For all they know, it may be the result of extra-marital affair.


Right, good point. Though we have both only been married to each other and dating each other for quite some time before we got married. I only mention this to explain the logic I was following in considering mentioning the pregnancy - just trying to prove a natural progression of a couple in our case as our history is very much like your regular boy meets girl, dates girl, lives with girl (well maybe not this part for everyone) marries girl and start family with girl/wife. 

My question actually isn't just about whether the pregnancy would help prove the relationship is genuine but rather, if it would just count against me as I'll be coming in, obviously in need of some health care in the near future. My husband wants to mention the pregnancy in his letter because he feels it may help get me over faster. I'm in two minds.

As for our relationship, I do believe we have sufficient evidence to prove our relationship is real. We have enough history in bills, joint accounts, joint properties and evidence that they do consider as proof (as opposed to a pregnant belly).


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## falopo (Jan 6, 2014)

*UK Spouse visa for pregnant Chinese wife*

Hello,

sorry also for continuing this thread, but I think my case also fits into this category:

I am working in UK at a university, and met a woman in China this summer. Everything went very quickly and she got pregnant .... We already married (in HK) a week ago. She's expecting the child in five months. 

*Q1* Is there any realistic chance to get her to UK before she gives birth (applying for a UK Spouse visa)? We have almost all documents together, just waiting for the result of her language test (it takes two months for them to evaluate the test!!!)

*Q2* How can we prove that our relationship is *genuine and subsisting*?
--- we are not yet in a "long-term relationship" (only since eight month);
--- we have not yet lived together
--- we don't share any financial and other responsibilities by now; we just
-- visited each other's countries and families; and we intend to live together in UK

*Q3* In case we don't get the UK Spouse visa on time (most likely I am afraid ... we have less than two months left till she can't fly any more, and there's Chinese New Year soon --- taking two weeks away ---, so even the British Consulates won't work them I am afraid ...)
Can she come with the UK Spouse visa (she hopefully will get then April or May) together with the child in --- let's say --- July or August? --- Or do we have to apply for the child's visa separately? Or not at all (since the child should also be German, I hope ...)?

Any help would be very much appreciated!


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## Joppa (Sep 7, 2009)

Since you are German (non-UK EEA national), this changes the situation quite dramatically. You can bring your Chinese wife as a family member, and she can apply for EEA family permit valid 6 months. Once she is in UK, she can apply for residence card valid 5 years as you are exercising treaty rights by working. The only thing that can delay or deny EEA family permit is doubt over the veracity of your marriage (i.e. marriage of convenience just to facilitate immigration and not based on genuine love, devotion and commitment). So attach some evidence of relationship such as photos, Skype log and travel tickets. Investigate thoroughly the dual citizenship for your child, as Chinese authorities have strict rules about it. Claiming German nationality may make the child's re-entry into China difficult.


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## falopo (Jan 6, 2014)

Joppa said:


> Since you are German (non-UK EEA national), this changes the situation quite dramatically. You can bring your Chinese wife as a family member, and she can apply for EEA family permit valid 6 months. Once she is in UK, she can apply for residence card valid 5 years as you are exercising treaty rights by working.


Hi Joppa,
thank you so much for this useful information! I have not found this on the UKBA pages by myself ... even after looing on this page since some months ... (how could I have the idea to look under "European Nationals" for a visa/permit to stay for a non-European --- they should have a link on the "visa" page ... and it is quite unlogical that British citizens have a disadvantage here ...)
I have now some more questions ...
* Is my wife on an EEA family permit insured by NHS? As I wrote, she is pregnant now and expects the baby in five months ...
* ... or could I bring her with me on an EEA family permit and then apply inside UK for a residence card (but most likely she won't get it before she gives birth ...?)
* ... any other options how we can keep the costs of giving birth in UK reasonable ... (if we have to pay by ourselves ...)?



Joppa said:


> The only thing that can delay or deny EEA family permit is doubt over the veracity of your marriage (i.e. marriage of convenience just to facilitate immigration and not based on genuine love, devotion and commitment). So attach some evidence of relationship such as photos, Skype log and travel tickets.


Concerning the "marriage of convenience" issue ... it reminds me very much on the film "Green Card" ... ;-) ... well, we will attach some nice pictures with our families and other documents ... after all this, I think I can write a book about all these adventures ...

Again, thank you so much for this "EEA family permit" hint!!!



Joppa said:


> Investigate thoroughly the dual citizenship for your child, as Chinese authorities have strict rules about it. Claiming German nationality may make the child's re-entry into China difficult.


Thanks also for this information. I know that China normally does not accept two nationalities. We have to find out what is the best option ...


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## Joppa (Sep 7, 2009)

As for NHS for your wife, she really needs to get residence card to be fully eligible, especially full maternity care pre-, peri- and postnatal. The time isn't on your side, as it can take 6 months or sometimes longer to get residence card (big backlog and thorough investigation of each application). It can cost around £10,000 to £12,000 for private maternity care at a private wing of an NHS hospital.


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## falopo (Jan 6, 2014)

Joppa said:


> As for NHS for your wife, she really needs to get residence card to be fully eligible, especially full maternity care pre-, peri- and postnatal. The time isn't on your side, as it can take 6 months or sometimes longer to get residence card (big backlog and thorough investigation of each application). It can cost around £10,000 to £12,000 for private maternity care at a private wing of an NHS hospital.


Hi Joppa,

Thanks for the answer! 

Does this also apply for a Spouse Visa? We are currently thinking of applying for a Spouse Visa (although it costs £851 right now!) but as far as I understood, my wife would then get free health care (for giving birth) ... or have I misunderstood it? 

I found quite contradictory information about this (some say she has to live one year in UK, others six months) before getting free NHS health care. 

To remind you: in our case she would just arrive and give birth to our baby one or two months later. I am a bit worried that we have to pay it by ourselves then (and then we could easier apply for the EAA permit, this would save us the expensive visa fee!).

Thanks for any useful tips!


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## modzy78 (Jan 15, 2010)

falopo said:


> Hi Joppa,
> 
> Thanks for the answer!
> 
> ...


Since your wife has been living outside of the UK/EU, she might not get NHS coverage for the birth. It's really dependent on the hospital/trust she registers with. I had to prove that I had been resident in the UK or EU for at least a year to be eligible. I also had to be referred by my GP, and the hospital had to have enough spaces available around my projected due date. I registered really early in the pregnancy and was warned that it might be too late. But I am in an area of London that was, and is, in the midst of a baby boom. 

Again, it's dependent on the hospital. It might take some time to register with a GP and have an initial appointment to get a referral to a hospital. And it could take time for the hospital to schedule an appointment to see her, even if they have space to take her. Since you only have a month or two (and babies can easily be born that early), it would probably be best to wait until after the birth to come to the UK. You don't want to risk her going into labor a week or two after arrival and having to go to the A&E. It would be very stressful for you all, and there is a chance you would be charged for this. Remember, birth is not considered a medical emergency if there are no complications. So you could have a very uncomfortable wait in the A&E with no guarantee of receiving dedicated maternity care. Also, remember that she might not be allowed to fly that late in the pregnancy, and a long haul flight would be really uncomfortable. Really consider what will be best for her and the baby. Best of luck with the birth of your child!

Oh, and the spouse visa wouldn't give her any more rights to medical treatment than the EEA family permit. So save your money for more important things.


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## falopo (Jan 6, 2014)

*Advantage of Spouse visa compared to EEA family permit?*



modzy78 said:


> ...
> Oh, and the spouse visa wouldn't give her any more rights to medical treatment than the EEA family permit. So save your money for more important things.


Thanks, Modzy78 for telling me your experience, it seems that it very much depends on the hospital. I will ask them and find out.

And I prefer investing my money in *reasonable* things, instead of throwing more money in this visa business (seems to be just like a money printint machine for those companies involved ...)

A related question: 
What would be the *advantage of* applying for *a Spouse Visa* except the 'advantage' of paying £851 and waiting about 60 working days for the visa *than* paying nothing for *a EEA family permit* and waiting only 15 working days? As Joppa said, my wife (Chinese nationality) can apply for permanent residence from inside UK, am I right? ---* so it looks like there is no advantage of a Spouse visa compared to a EEA family permit?* --- can anyone confirm this or disprove it? Thanks!


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## Joppa (Sep 7, 2009)

Not really at the moment, but with the threat of UK leaving EU after 2017 and uncertainty surrounding it, EU route may not be a cast-iron case that it appears for the time being.


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## MacUK (Jul 3, 2012)

Are you a British citizen or EU national? 
If you hold British citizenship, you cannot invoke your EU nationality to bring your non EU spouse, except if you have lived or worked in a Member state for 3 -6 months ( you have excercised your treaty rights of being employed or self employed). 

If you are a British Citizen and you have not lived or worked in another EU member state, then you have to apply for a spouse visa.

Your wife will be eligible for free NHS care if you are already in employment here in the UK or ordinarily resident for more than 6 months I think it was (?). 
For example, my husband is a British Citizen, he lived and worked in th UK for a year before we applied and obtained a spouse visa, so when we arrived we were immediatly eligible for free NHS care, after the GP took us on, of course.


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## falopo (Jan 6, 2014)

MacUK said:


> Are you a British citizen or EU national?
> If you hold British citizenship, you cannot invoke your EU nationality to bring your non EU spouse, except if you have lived or worked in a Member state for 3 -6 months ( you have excercised your treaty rights of being employed or self employed).


Yes, I am German ... (and live and work in UK since more than two years)



MacUK said:


> If you are a British Citizen and you have not lived or worked in another EU member state, then you have to apply for a spouse visa.


I know, but I find this quite unlogic ... anyway ...



MacUK said:


> Your wife will be eligible for free NHS care if you are already in employment here in the UK or ordinarily resident for more than 6 months I think it was (?).
> For example, my husband is a British Citizen, he lived and worked in th UK for a year before we applied and obtained a spouse visa, so when we arrived we were immediatly eligible for free NHS care, after the GP took us on, of course.


Thanks for that information. I live and work in UK since more than two years now. I married my wife just three weeks ago ;-) --- does she has the right to get free health care via NHS? I plan to ask the hospital and/or a GP about our situation and free health care, any other suggestions?

BTW, I may move to Germany in the near future (end of this year or next year) --- I have heard that I need then for Germany a language test (if we had to apply directly for a Spouse visa in Germany and she hasn't been in UK) --- does anyone know how long she needs to be with me in UK so that I can use again EU treaty rights and avoid the language test? (It seems that the same 'unlogical' treatment of national citizens and non-national EU citizens applies here, too ...)

Thanks again for all your competent answers!


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## MacUK (Jul 3, 2012)

So your options are to get her a family permit as a non Eu family member of an EU citizen. When she arrives in the UK, you must get her a residence card straight away and you must also register with a GP as soon as possible. Have a looksie here regarding the free NHS healthcare and be sure to sk your GP whether you will have to pay for maternity or antenatal services in a hospital. 

http://www.nhs.uk/chq/pages/1087.aspx?categoryid=68&subcategoryid=162

Also, I am sure there was another poster who was in a similar situation like yours and I'm also pretty sure they were able to get NHS care for his pregnant wife while she was on an EEA family permit.


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## lisafriend (Jan 20, 2014)

I read too that it takes 6 months, but I also found cases where people got the visa much earlier, provided that all requirements are fulfilled.


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## falopo (Jan 6, 2014)

*EEA family permit, maternity and health care*

Hello again ... and again many quesitons ...

I am quite desparate ... seems that no-one official can give me precise information about health care (NHS) if my (to recall: recently married, Chinese and pregnant ;-) ) wife comes to UK on a EEA familiy permit (I am German, working in UK) --- I called the corresponding UKBA number, the people there seem to be not very talkative --- they told me that my wife will not get free health care if she is not working. That's all I could get out of them.

* Do you have an idea who to contact to get precise information about maternity, visa and health care? I'm even thinking of asking a (specialised) laywer. *ANY OTHER SUGGESTION*? I mean also the procedure of applying for a residence card (I have no idea where to apply for such a thing and how the procedure is, especially how long it takes) --- 
--- e.g., does the UKBA has an email address where to ask questions? I find it far too hard to explain my situation in a phone call (if you call there, you are sent through many automatic choices, and there is no "repeat" button, as a non-native speaker it is quite hard to understand always the different options and their meaning ...)

We are thinking now of her giving birth in China and then coming together to UK after maybe four weeks after the child is born
* Do you know how long a EEA family permit is valid if we apply for it soon (because she has to travel to a visa centre in China for leaving fingerprints etc., I think it's easier if she does it before giving birth ...)
* Is the a EEA family permit is valid is the same as a Spouse Visa?
-- I guess, the time usually is 6 months, from the time the visa/family permit is issued. Am I right?
* If we arrive after giving birth, how can we manage with the visa application that we will travel with three persons ... (hopefully everything will be fine with the birth ...)? Or can't we apply for a visa/family permit before giving birth? This would delay again our travel plans ... (and I don't have so long holidays to be away for several months ...)

In (the unlikely) case that she will be in UK before giving birth, does anyone has experience with English-Chinese-speaking people in a hospital (located in a university city with many Chinese students ...)? My wife speaks English, but I guess not good enough to understand everything in such a stressful situation such as giving birth ...

... that's all for today ... ;-) ... and thank you again for taking your time and sharing your experience in this nice forum!


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## Joppa (Sep 7, 2009)

falopo said:


> Hello again ... and again many quesitons ...
> 
> I am quite desparate ... seems that no-one official can give me precise information about health care (NHS) if my (to recall: recently married, Chinese and pregnant ;-) ) wife comes to UK on a EEA familiy permit (I am German, working in UK) --- I called the corresponding UKBA number, the people there seem to be not very talkative --- they told me that my wife will not get free health care if she is not working. That's all I could get out of them.


They aren't geared to giving precise, tailored advice to callers. That would be too much work. Their approach is study the website, consult professional advisor, apply and they will consider your application.



> * Do you have an idea who to contact to get precise information about maternity, visa and health care? I'm even thinking of asking a (specialised) laywer. *ANY OTHER SUGGESTION*? I mean also the procedure of applying for a residence card (I have no idea where to apply for such a thing and how the procedure is, especially how long it takes) ---


Your Chinese wife, on residence card, should be eligible for full NHS maternity service. On EEA family permit alone I'm not sure, as it expires in 6 months. You can try contacting a local hospital with maternity dept and ask.



> --- e.g., does the UKBA has an email address where to ask questions? I find it far too hard to explain my situation in a phone call (if you call there, you are sent through many automatic choices, and there is no "repeat" button, as a non-native speaker it is quite hard to understand always the different options and their meaning ...)


No. They aren't geared to giving individual advice. Try this forum, or pay to consult an immigration lawyer or registered advisor. £500 to £1,000 is the going rate.



> We are thinking now of her giving birth in China and then coming together to UK after maybe four weeks after the child is born
> * Do you know how long a EEA family permit is valid if we apply for it soon (because she has to travel to a visa centre in China for leaving fingerprints etc., I think it's easier if she does it before giving birth ...)
> * Is the a EEA family permit is valid is the same as a Spouse Visa?
> -- I guess, the time usually is 6 months, from the time the visa/family permit is issued. Am I right?


6 months from your stated date of travel to UK. You can apply up to 3 months in advance.



> * If we arrive after giving birth, how can we manage with the visa application that we will travel with three persons ... (hopefully everything will be fine with the birth ...)? Or can't we apply for a visa/family permit before giving birth? This would delay again our travel plans ... (and I don't have so long holidays to be away for several months ...)


It's quite complicated because of Chinese rules on dual nationality. Your child, if born in China, will be dual Chinese-German national. But if the child takes out German passport, he/she will find it difficult to return to China as its citizen if the Chinese parent settles abroad. Look at detailed discussion on this on Foreign Office site on China (it deals with British parent but your situation is comparable) or German embassy site in Beijing. Provided the child can get German passport, you only need EEA family permit for your wife. If the child is going to travel on Chinese passport, you can only apply for his/her family permit after birth. Long-haul air travel isn't recommended until at least after 6-week jabs, and preferably at least 3 months old.



> In (the unlikely) case that she will be in UK before giving birth, does anyone have experience with English-Chinese-speaking people in a hospital (located in a university city with many Chinese students ...)? My wife speaks English, but I guess not good enough to understand everything in such a stressful situation such as giving birth ...


Hospitals are quite good at coping with people with English as additional language. You as family member should be on hand to help with any language difficulties. There may be some Chinese-speaking staff, and they provide leaflets in Chinese in addition.


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## falopo (Jan 6, 2014)

*EEA family permit questions*

Hello, me again ...

we are now applying for the EEA family permit, to travel with my wife, the newborn (as soon as possible) and me [I'm German] from China to England

I have again some questions:

*Q1* They want to know when my wife wants to leave UK (they want a date ...), but I would like her to come with me on the EEA family permit and then inside UK apply for a UK residence card for her. 

* What date should I fill out in the form? Just a date 6 month later? [Oh, I have just read in another thread that any date before six months is fine ... --- is this still true ...?]


*Q2* A bit tricky: I live right now in a shared flat, and I don't have an official tenancy agreement anymore (I had a contract for half a year, and since then I never made a new one with the landlady,)
and I have to move anyway (with my wife and baby if we come back together in July/August) --- I am quite sure I will find something in the near future, but now (when applying) I can't provide a new contract --- I don't want to waste much money by renting something now (and pay much more ...).

* What should I tell them? I have a well-paid job at the university, so it should not be a problem for me to find something
Do you think it would be the best to explain this in a separated letter?

*Q2a* ... oh I forgot: I will most likely get a university job in Germany soon (end of this year or soon after) --- I will not tell UKBA about it, but as far as I understand it helps me getting my wife to Germany without a language test? Does anyone has experience with this? What would be the minimum time we have to spend in UK such that the language test exemptions apply ...?

*Q3* 
* Can my wife leave UK with the EEA family permit and re-enter?

I found two contradictory sentences on the page
https://www.gov.uk/family-permit
"You can leave and enter the UK as many times as you need within that time [six months]." --- and --- "You’ll need to get a new permit every time you leave and want to re-enter the country."

*Q4* About the nationality of my child [will be born end of May ...] (I am German) --- I know about the issue that China does not accept dual nationality, but as far as I understand the page of the German embassy, I just go there with a birth certificate and a picture or so, and then I get a passport for my child --- and if we don't apply for a Chinese passport, we can all leave China (my wife with the family permit, me and my child with the German passport) --- true? Any experiences with that ...?

*Q5* They want my "EEA National Registration Certificate number" -- I never applied for such a thing --- do I just tell them "not applicable" or so?

Thanks again for any help ... I really appreciate it ;-) !


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## falopo (Jan 6, 2014)

*We got the EEA family permit!*

First of all thanks to this forum for menionng the EEA family permit ---

--- and just to let you know that my wife got the EEA family permit --- so I can now answer my questions myself:
* when to leave? just a date 6 months later is fine ... *
* no-one cares about the flat (as far as I understand this is only important for the UK spouse visa ...) *
* a EEA family permit allows for multiple entry (this is what is written on the visa ...) *
* no-one cared about a "EEA National Registration Certificate number" --- *

But still tricky: we have applied the visa before the child is born, because I thought it is quite easy to get a German passport for our little boy ... but now I have read that the German embassy needs a name declaration (since we don't have a common marriage name) -- this declaration has to be given personally by both of us ... and will then be sent to Germany ... this may last several months ... (and the EEA family permit is only valid 6 months)

*A final question:* should we apply for a Chinese passport and then apply for a visa for our baby? This might be quicker

Thanks!


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