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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
I am not day dreaming at all - Maybe nightmare dreaming about what UKBA can do to my partner. Because we don't know what to do if the worst case situation happensImshzd wrote:Why you are thinking like that?
Are you a day dreaming?
Yes. The title of the post is hugely wrong and irrelevantUniversal soldier wrote:she should not worry at all because she is pregnant with an EU national child. I also think for safe side you can try to send her EEA2 application on unmarried basis and i heard that if partners have child or be pregnant then the relationship duration lesser than 2 years can work for unmarried partner application.
Sorry, I didnt mean to mislead you guys. I am just trying to see what things I can do if that situation happens, but thanks for the feedback.Universal soldier wrote:Yes. The title of the post is hugely wrong and irrelevantUniversal soldier wrote:she should not worry at all because she is pregnant with an EU national child. I also think for safe side you can try to send her EEA2 application on unmarried basis and i heard that if partners have child or be pregnant then the relationship duration lesser than 2 years can work for unmarried partner application.
Obie wrote:I will not go as far as to say, your post tarnishes the reputation of UKBA. Far from it, as I know of and worked with pregnant women in UK detention centres especially Tinsley House and Yarls wood. But the first reading of the post indicated something else from what seems like a reality.
indiangardner wrote:UKBA can definitely barge into your house and take away your spouse if she is illegally residing in the UK.
Even if your application is pending in UK.
Though EEA nationals even NON-EEA who are spouse of an EEA national have right to live in UK. Right to live in UK is separate to immigration.
The immigration law states that a spouse of an EEA national who is an NON-EEA needs to entry clear for the first time.
So if your spouse came on some other VISA and was in a relationship with you for the time when her original entery clearance Visa expired, she wont be considered an overstayer. You have to proove that she was in a genuine subsisting relationship with you for the period when her original entry clearance visa expired.
If UKBA barges into your home you need to be able to show your Marraige certificate of your partner, then they have sufficient proof. But technically they can barge into any home.
Though making an EEA2 application is very necessary in your case as you understand UKBA if it acts in heavy handedness they will do whatever they can, pregnant or not they do not care.
Let me know for more help!
You should rightly ignore the comments from the poster, mostly incorrect.toofan wrote:
I don't know where you getting these laws from can you provide any reference , whatever you saying
you stated
The immigration law states that a spouse of an EEA national who is an NON-EEA needs to entry clear for the first time.
there is no specific entry requirement for eu citizens family member .
even
sending eea2 for residence card is not mandatory according to ukba it states on eea2 form . but it will make easy for non eu family member to prove their status for job etc.
their problem is they are not married yet .
once they are married or they are in relationship over 2 years than it will be fine as far as eu citizen is exercising treaty rights.
Prior to her visa being expired we were already in a relationship, I can provide proof like when we had our first contact, pictures to provide that we were dating out and exchange of messages on my phone.indiangardner wrote:UKBA can definitely barge into your house and take away your spouse if she is illegally residing in the UK.
Even if your application is pending in UK.
Though EEA nationals even NON-EEA who are spouse of an EEA national have right to live in UK. Right to live in UK is separate to immigration.
The immigration law states that a spouse of an EEA national who is an NON-EEA needs to entry clear for the first time.
So if your spouse came on some other VISA and was in a relationship with you for the time when her original entery clearance Visa expired, she wont be considered an overstayer. You have to proove that she was in a genuine subsisting relationship with you for the period when her original entry clearance visa expired.
If UKBA barges into your home you need to be able to show your Marraige certificate of your partner, then they have sufficient proof. But technically they can barge into any home.
Though making an EEA2 application is very necessary in your case as you understand UKBA if it acts in heavy handedness they will do whatever they can, pregnant or not they do not care.
Let me know for more help!
hi its misleading there is no where in directives that someones visa is expired and they are not married or in durable relationship with eu citizen who is exercising treaty and they will be covered .zoe14 wrote:Prior to her visa being expired we were already in a relationship, I can provide proof like when we had our first contact, pictures to provide that we were dating out and exchange of messages on my phone.indiangardner wrote:UKBA can definitely barge into your house and take away your spouse if she is illegally residing in the UK.
Even if your application is pending in UK.
Though EEA nationals even NON-EEA who are spouse of an EEA national have right to live in UK. Right to live in UK is separate to immigration.
The immigration law states that a spouse of an EEA national who is an NON-EEA needs to entry clear for the first time.
So if your spouse came on some other VISA and was in a relationship with you for the time when her original entery clearance Visa expired, she wont be considered an overstayer. You have to proove that she was in a genuine subsisting relationship with you for the period when her original entry clearance visa expired.
If UKBA barges into your home you need to be able to show your Marraige certificate of your partner, then they have sufficient proof. But technically they can barge into any home.
Though making an EEA2 application is very necessary in your case as you understand UKBA if it acts in heavy handedness they will do whatever they can, pregnant or not they do not care.
Let me know for more help!
One thing that gives me more concern is, since we are going to give notice to the registrar for marriage.. the registrar will get her passport and they will see that it has been replaced very recently.
there will be no proof of visa or stamps in there when she arrived this country. but she has the scan copy of her visa. she overstayed almost a year now.
what shall we do, once UKBA barges at home?
toofan wrote:and about getting married in registrar with out visa no guarantee . its 50/50 .
if ukba comes there is no guarantee what they will do there actions can not be guaranteed on immigration board as this is only for general advice..