Non EU girlfriend in UK

[ilm]

Please can someone give us some advice/opinions/experience on our situation. I can't find a way out or any experiences from anyone in the same position!

I have been living with my Croatian girlfrind for 7 years in our home in the UK. I understand she is classed as an overstayer as she came to the UK 12 years ago as an aupair but did not ever leave. She did apply for political assylum after finishing as an aupair which was refused after all the normal appeals. She then received a letter saying she should consider making plans to return and then ather saying the HO computer system was being updated and she wouldn't hear from them for 1 1/2 years. Since then we have heard nothing and living normal lives other than she would not be able to return to the UK if she left.

She is working on a indefinate workpermit given to her whilst applying for PA and has now been in full time employment for nealy 10 years. I am a UK citizen and work for my own limited company.

All we want to do is get the situation resolved as the uncertaincy really does put a strain on our relationship and prevents us from making plans for the future.

I have had some legal advice saying our situation is not an easy one and the options are:

1, apply for ILR as unmarried partners but it is likely to be refused unless compassionate reasons.
2, get married but still likely to be refused.
3, apply from home country which I undersand would mean sending her back with no guarantee she will be allowed back.
4, Try and get help from an MP.

We have written to the local MP who asked for her details so he can make enquiries with the Home Office. We are reluctant to give these details in case they find 'her file' and which could just make the situation worse. Does anyone know if it could make it worse and how could the MP help us?

What is the likelyhood we can resolve this and what is the best way to go about it? I am quite prepared to get a solicitor but want to find out what the best route is first, and have an understanding of the risks involved.

Thankyou in advance.

[Chess]

ilm,

very complex scenario. However, you should be careful which Solicitor you use.

My advise would be to marry now. (at least you should give notioce before 1/02/05) before the more stringent marriage procedures kick in.

Let your girlfriend go to Croatia (hopeful with you) and apply for a settlement Visa/spousal Visa. The other option would be to marry/wed in Croatia and apply for a setllment Visa. I prefer marriage in UK though.


the Immigration officers at the British Embassy in Croatia should not take account of previous 'overstaying', as She will be applying for a settlement visa in which case 'returnability' for which she previously defaulted is not an issue.



I am afraid you gotta bite the bullet. Using the MP and other alternatives is gonna be very lengthy and nerve wrecking.


You could have heard abit the 14 year rule. this is a possibility.

Best option is get married and apply for a spousal Visa from Croatia


Good Luck

[John]

Ilm, there are a number of ways to play this. One way would be to wait until she has been in the UK for at least 14 years and then apply for ILR ...indefinite leave to remain.

Another way would be for her to return to marry in Croatia, then she would apply for a spouse visa. If marriage is in the plan, where to marry? Croatia might be the easier option. If you tried to get married in the UK, well as from 01.02.05, if a non-EEA citizen tries to give Notice of Intention to Marry (in the UK), and they do not already have a fiancée visa or ILR, they will need permission from the Home Office to give that notice, and there is a £135 fee for applying, and no guarantee the application will be granted. Even now, prior to 01.02.05 .... just 15 days time ... she might have problems giving that notice. So if marriage is the intended plan, do that in Croatia.

Why do you think that an application for a spouse visa, application being made in Croatia, would be likely to be refused?

The website of the British Embassy in Croatia is at :-

British Embassy, Croatia

I cannot immediately spot advice there on how a non-Croatian marries in Croatia, or the waiting time for settlement visa interviews, but there are contact details such as phone number.

[Chess]

Ilm, there are a number of ways to play this. One way would be to wait until she has been in the UK for at least 14 years and then apply for ILR ...indefinite leave to remain.

The 14 year rule is an option. however, you need to ensure that all documents proving stay are avilable.

Do not make a premature 14 year rule application as this 'would' stop the clock

[ilm]

Thanks for your propmpt replies.

I have quickly come to conclusion it is a complex scenario, hence the request!

Neither of us really want to get married, just to resolve the situation, although we do plan to marry. We would obviously prefer to do it in our own time and for all the right reasons. I have never met her parents either and really we would like to visit them first! (She hasn't seen them for 12 years)

Obviously, if it is the only course of action we dont really have an option.

Why do you think that an application for a spouse visa, application being made in Croatia, would be likely to be refused?

I was told by a legal representative quote:

"If you have lived together for at least two years and it is a permanent relationship then you may be able to come under the unmarried
partner category. However, unless there are compelling compassionate
circumstances such an application is likely to be refused. Similarly
if you marry and apply to remain it is also likely to be refused."

Maybe I read this wrong but I took it to mean getting married would mean an application for her to stay would be refused? Are you saying this is not the case and if we were to marry their should be no problem getting a visa?

I have looked on the website you recommended. It says a settlement visa will take 13 weeks!!!! Is this normal or are there any ways this can be done quicker? We both have jobs in the UK, have a morgage to pay and I don't speak any Croatian. (I have never actually been to Croatia). How likely is such an application to succeed anyway as if it doesn't ...

It also mentions joining unmarried partners in the UK on the guidance page. Would this be an option?

http://www.britishembassy.gov.uk/servle ... 7559151#Q5

I assume the 14 year rule is a viable option even if it does mean waiting 2 year. Proving it should not be a problem. There is also the off chance Croatia may have joined the EU by then too!

[John]

As mentioned earlier in this thread by Checkmate, if the application for the two-year spouse visa was made in Croatia, then there is probably no reason for it to be refused. That is, the outcome might be very different than if made in the UK.

The 13-week waiting for a settlement visa interview ..... many embassies will accept an application by post, so don't assume that the 13 weeks would need to be spent in Croatia. Also it is probably possible to apply for the spouse visa even before the marriage has taken place. Just make it clear in a covering letter that whilst the application is for a spouse visa, the marriage has not yet happened but is expected to happen or or around (date) and could they kindly allocate an interview on or after (a slightly later date).

But if you as a non-Croatian plan to marry in Croatia, what is the procedure? Guidance from the embassy should be forthcoming. Or maybe your girlfriend can search the internet for details about the procedure, for her and also for you.

Or have a look at :-

Marriage by US Citizens in Croatia

-: which whilst written as advice to US Citizens will give you an idea of the procedure that is involved. I would expect the British Embassy to have similar advice for its citizens.

However, the 14 year option does look rather attractive, especially as you say Croatia might join the EU at some stage.