overstayer with a 3months pregnant eea national

[caballero]

Hello guys,please i would like to have a first hand information as different solicitors i consulted kept given me different answers. Here is my case...I am a Ghanaian and came to the uk originally on a student visa. I got married to my polish girlfriend just before the end of my student visa but the home office considered it a marriage of convenience thereby refusing my application for a resident card. I have exhausted my right of appeal and between those times i was appealing the home office decision, my relationship fell apart due to uncertainty as the appeal lasted 2yrs 2months. Now i'm in a new relationship with a Bulgarian (eea national) and she's 3months pregnant. we have been living together for 5months and we have been dating for 11months. Please i would like the forum to advise on how to regularise my stay here as we intend to get married before child birth but my passport is with the home office and with just 1 month to expire. Please if you have been in such scenario or you know anyone that had same problem and how they handled it would be deeply appreciated. many thanks.

[Casa]

I assume that you have divorced your first wife and have been granted the divorce absolute. As you and your partner are foreign nationals, you will now find that in order to re-marry you will have to register your intent to marry with a Home Office designated Registry Office. The Registrar is legally bound to inform the HO who can then extend the notification period from 28 to 70 days in order to interview you both before the wedding can take place. You also have the added problem that you will need to have your passport when you give notification at the Registry Office.

[sandy88]

Hi there

It's a bit complicated situation. Have you legally separated from your ex wife ? If no you will need to be legally devorced before your next wedding , as you have pending case with home office they may suspect your case.

Although you don't need a legal status in the uk to marry a EEA national but when you go to registry you will have to produce your passport ( if this with home office you will have to request an attested copy from them saying your intention ) without that registrars won't be allow you to give notice.
Again, new referral scheme came to practice in last year if you don't have a permanent visa in the Uk the registrar will refer your case to home office to investigate .. It can take Upto 70 days to finalise . Home office will let you know the outcome whether to investigate or not . Then only marriage will be conducted ,

[toni34]

Hi there

It's a bit complicated situation. Have you legally separated from your ex wife ? If no you will need to be legally devorced before your next wedding , as you have pending case with home office they may suspect your case.

Although you don't need a legal status in the uk to marry a EEA national but when you go to registry you will have to produce your passport ( if this with home office you will have to request an attested copy from them saying your intention ) without that registrars won't be allow you to give notice.
Again, new referral scheme came to practice in last year if you don't have a permanent visa in the Uk the registrar will refer your case to home office to investigate .. It can take Upto 70 days to finalise . Home office will let you know the outcome whether to investigate or not . Then only marriage will be conducted ,

You don't need to divorce the first one before you get the RC , what I would advise him is to wait till his girl friend put to bed then apply as an unmarried partner , he would need to show that his first relationship has broken down irretrievably and he is now in a marriage like relationship with this new partner .

[Casa]

Hi there

It's a bit complicated situation. Have you legally separated from your ex wife ? If no you will need to be legally devorced before your next wedding , as you have pending case with home office they may suspect your case.

Although you don't need a legal status in the uk to marry a EEA national but when you go to registry you will have to produce your passport ( if this with home office you will have to request an attested copy from them saying your intention ) without that registrars won't be allow you to give notice.
Again, new referral scheme came to practice in last year if you don't have a permanent visa in the Uk the registrar will refer your case to home office to investigate .. It can take Upto 70 days to finalise . Home office will let you know the outcome whether to investigate or not . Then only marriage will be conducted ,

You don't need to divorce the first one before you get the RC , what I would advise him is to wait till his girl friend put to bed then apply as an unmarried partner , he would need to show that his first relationship has broken down irretrievably and he is now in a marriage like relationship with this new partner .

I don't usually say this..but absolute rubbish! An application under EEA regulations as a 'durable partner' doesn't stand any chance of success when the OP is still married to another EEA national which in addition is deemed not to be a genuine relationship, even after an appeal. Apart from which, a five month relationship falls way short of the 24 months that the authorities will consider to meet the durable partnership rules. And whatever do you mean by "wait until his girlfriend is put to bed'!

[Obie]

I believe the phrase "put to bed" indicates giving birth.

I don't think a person is precluded from qualifying as a durable partner if the EEA national ' s is married to another person, provided of course the marriage is not subsisting.

By subsisting, I am sure you will appreciate this terms means a lot more than the existence of a marriage certificate.

It could well be the case that the child may qualify for British citizenship .

Again a durable relationship is not strictly a 2 year old relationship. It is a relationship that is likely to exist in future. One that has structure and stability.

By the time the baby is born, it may well be the case that OP'S relationship would have existed for about a year.

Taking into account the existence of a child, it may well be the case that such relationship may be reasonably be classified as Durable in nature.

[Casa]

Regarding the previous marriage (which the HO don't accept as genuine) referring to case worker guidance when considering a durable partnership application, in order to prove the marriage is no longer subsisting the following would evidence would be expected:
Proof that any previous relationship has permanently broken down:
o degree absolute for marriages
o dissolution order for civil partnerships.

[noajthan]

I don't usually say this..but absolute rubbish! An application under EEA regulations as a 'durable partner' doesn't stand any chance of success when the OP is still married to another EEA national which in addition is deemed not to be a genuine relationship, even after an appeal. Apart from which, a five month relationship falls way short of the 24 months that the authorities will consider to meet the durable partnership rules. And whatever do you mean by "wait until his girlfriend is put to bed'!

My understanding is any application for RC needs to satisfy HO that any previous relationship has permanently broken down.

put to bed appears to be a colourful expression relating to the creation of a family unit.
The creation of such a family unit might be seen as one 'technique' to shortcut the UK's (somewhat controversial) 2-year cohabitation rule for EU durable relationships.

This somewhat cavalier or gung ho approach to free movement probably disregards powers the UK reserves under its EEA Admin Removal enforcement instructions;
(whereby suspected abuses of free movement rights are recorded & flagged to track frequent 'offenders').

[Obie]

Regarding the previous marriage (which the HO don't accept as genuine) referring to case worker guidance when considering a durable partnership application, in order to prove the marriage is no longer subsisting the following would evidence would be expected:
Proof that any previous relationship has permanently broken down:
o degree absolute for marriages
o dissolution order for civil partnerships.

I agree with you, that a decree absolute could well be evidence that a relationship is not subsisting, but I have difficulty in accepting that this is an exhustive list.

A person may be able to prove that their sponsor is not in a subsisting marriage with another person with a Decree absolute.

I know of over a dozen cases last year alone where leave was issued to unmarried partner, in circumstance where the marriage is not yet been dissolved.

Proof was adduced to demonstrate that notwithstanding the fact that the other marriage has not been dissolved, the sponsor was not in a subsisting relationship with that person..

OP'S case may be slightly less complex in the sense that it is not his sponsor but him, that has an undissolved marriage.

The fact that he impregnated a lady outside marriage may be an indication that he is not in a subsisting relationship, added to the fact that the courts have found the relationship is one of convenience.

As I have been able to successfully argue in the past, the question of whether a person is in a durable relationship and the question of whether they are entitled to a Residence Card on the basis of that relationship is a different question..

Under the discretion in Regulation 17*(4) , immigration history may be considered, although this is irrelevant in deciding if a person is in a durable relationship.

[toni34]

Hi there

It's a bit complicated situation. Have you legally separated from your ex wife ? If no you will need to be legally devorced before your next wedding , as you have pending case with home office they may suspect your case.

Although you don't need a legal status in the uk to marry a EEA national but when you go to registry you will have to produce your passport ( if this with home office you will have to request an attested copy from them saying your intention ) without that registrars won't be allow you to give notice.
Again, new referral scheme came to practice in last year if you don't have a permanent visa in the Uk the registrar will refer your case to home office to investigate .. It can take Upto 70 days to finalise . Home office will let you know the outcome whether to investigate or not . Then only marriage will be conducted ,

You don't need to divorce the first one before you get the RC , what I would advise him is to wait till his girl friend put to bed then apply as an unmarried partner , he would need to show that his first relationship has broken down irretrievably and he is now in a marriage like relationship with this new partner .

I don't usually say this..but absolute rubbish! An application under EEA regulations as a 'durable partner' doesn't stand any chance of success when the OP is still married to another EEA national which in addition is deemed not to be a genuine relationship, even after an appeal. Apart from which, a five month relationship falls way short of the 24 months that the authorities will consider to meet the durable partnership rules. And whatever do you mean by "wait until his girlfriend is put to bed'!

What I meant is when the girlfriend gives birth , back to the issue at hand , my elder brother successfully gave is then girlfriend RC as an unmarried partner before he divorced his wife officially .

[toni34]

[quote="Obie"]I believe the phrase "put to bed" indicates giving birth.

I don't think a person is precluded from qualifying as a durable partner if the EEA national ' s is married to another person, provided of course the marriage is not subsisting.

By subsisting, I am sure you will appreciate this terms means a lot more than the existence of a marriage certificate.

It could well be the case that the child may qualify for British citizenship .

Again a durable relationship is not strictly a 2 year old relationship. It is a relationship that is likely to exist in future. One that has structure and stability.

By the time the baby is born, it may well be the case that OP'S relationship would have existed for about a year.

Taking into account the existence of a child, it may well be the case that such relationship may be reasonably be classified as Durable in nature.[/quote
You may not remember me but I remember when I applied for my unmarried RC I had documents showing that I have lived with my partner for less than 2 years but we had a month old daughter then and my application spent just 6 weeks with the home office and I was granted .

[Wanderer]

I believe the phrase "put to bed" indicates giving birth.

I beg to differ. As a native English speaker 'put to bed' means to 'put aside' i.e. do whatever is necessary and forget about it.

Implication is 'sort it and forget it...' in a slightly brutal way....

[Obie]

Ok wanderer . I try my best , but I will never be in your league of native speaker for the rest of my days.

Thanks for the enlightenment. But in a case of this sort, context matters. In this context, I believe Toni was referring to post - parturition if that is the correct word.

I stand to be corrected by the Native speakers.

[Casa]

Ok wanderer . I try my best , but I will never be in your league of native speaker for the rest of my days.

Thanks for the enlightenment. But in a case of this sort, context matters. In this context, I believe Toni was referring to post - parturition if that is the correct word.

I stand to be corrected by the Native speakers.

postpartum = following childbirth.
My understanding concurred with Wanderer, which is why I queried it.

[toni34]

I believe the phrase "put to bed" indicates giving birth.

I beg to differ. As a native English speaker 'put to bed' means to 'put aside' i.e. do whatever is necessary and forget about it.

Implication is 'sort it and forget it...' in a slightly brutal way....

"Put to bed means "to give birth and I am not here to argue English language am more interested in real issues affecting eu applications .

[Obie]

I accept you and wanderer view, It is perfectly correct.

In the English context.

As a person who has had the privilege of living in both Anglophone nations in Western Africa, and in the UK, I believe there are 2 possible interpretation.

If an English person use that word to me, I will understand it in a different context, than if it was used by an African from a particular region of AFRICA

[Wanderer]

I believe the phrase "put to bed" indicates giving birth.

I beg to differ. As a native English speaker 'put to bed' means to 'put aside' i.e. do whatever is necessary and forget about it.

Implication is 'sort it and forget it...' in a slightly brutal way....

"Put to bed means "to give birth and I am not here to argue English language am more interested in real issues affecting eu applications .

Actually no it doesn't....

[Wanderer]

I accept you and wanderer view, It is perfectly correct.

In the English context.

As a person who has had the privilege of living in both Anglophone nations in Western Africa, and in the UK, I believe there are 2 possible interpretation.

If an English person use that word to me, I will understand it in a different context, than if it was used by an African from a particular region of AFRICA

It is posible the OP misused the expression, if so I apologise for not reading the whole thread, I scarcely have time to read fully nowadays, - I do read, but it doesn't sink in anymore...

I night retire while I'm at the bottom of my game!!

[noajthan]

I believe the phrase "put to bed" indicates giving birth.

I beg to differ. As a native English speaker 'put to bed' means to 'put aside' i.e. do whatever is necessary and forget about it.

Implication is 'sort it and forget it...' in a slightly brutal way....

Wanderer it appears to be Nigeria English according to this forum:
http://www.nairaland.com/1149022/woman- ... iven-birth

To translate to Anglo Saxon, the thrust of the matter is the OP is pleading the belly (or possibly being advised to do so), in connection with applying for a RC.