Suggestions for EU Dependent

[_Angel_]

Hi All,

I am asking this question on behalf of my friend.

Need some suggestions on to how to proceed.

His situation.

- Married (unregistered, religious marriage) to Irish girl
- He is from non EU country
- Both are currently living in UK, since April 2016
- The boy has no valid "leave to remain"
- The girl is expecting a baby in Jan 2017.
- The girl has a NI number and I think exercising her EU treaty rights

He wants to legalize his stay in this country. What are his options.

Any suggestions will be highly appreciated.

[ohara]

If his marriage is a religious one performed in the UK and no civil registration has been done, then legally he is not married.

How long have they been together?
How did he initially enter the country?
Does he have a valid passport?
Has he been working?

[_Angel_]

How long have they been together?. since June 2015
How did he initially enter the country? He was on Tier 1. Tier 1 extension was refused and he currently have no leave to remain.
Does he have a valid passport? Yes( I think)

[ohara]

He's in about the most difficult situation possible then. He won't even qualify as an unmarried partner.

Your best bet would be to return to his or your home country, marry, and then return under the EEA regulations.

When did his Tier 1 visa expire? Is the Home Office aware that he has overstayed?

[secret.simon]

Does your non-EEA friend and his EEA girlfriend live together? Do they have proof of living together such as joint bank accounts, joint utility bills, joint council tax statements?

When did his T1 visa expire? And has he appealed the decision?

I agree with Ohara, the fastest option for him would be to marry the EEA citizen, either in Ireland or in another country (i.e. not the UK) and return as spouse of an EEA citizen.

[_Angel_]

Does your non-EEA friend and his EEA girlfriend live together? Do they have proof of living together such as joint bank accounts, joint utility bills, joint council tax statements?

YES.

When did his T1 visa expire? And has he appealed the decision?

About 4/5 years ago - no appeal as far as I know

I agree with Ohara, the fastest option for him would be to marry the EEA citizen, either in Ireland or in another country (i.e. not the UK) and return as spouse of an EEA citizen.

Why not get marriage in UK? as he is currently living in UK? He won't be able to travel to Ireland or any other EU country without visa (which he can't apply, as have no UK VISA)

I was under the impression that he can apply as a spouse of EU national within UK once the marriage is registered.

Please guide as he desperately needs help to sort out this issue.

[ohara]

He can't "register" his religious marriage because the UK will not recognise it. He will need to register his intent to marry, and will almost certainly be required to attend an interview with the Home Office. It's highly likely that he will be detained at the interview with a view for removal.

[secret.simon]

Why not get marriage in UK?

Marriages where one of the participants is a non-EEA citizen in the UK must have notice given at designated register offices. The notice period can be and usually is extended from 28 days to 70 days and the couple are interviewed by Home Office staff to ascertain if the marriage is genuine.

https://www.gov.uk/marriages-civil-part ... n-national

There has been a case on these forums (which I can't find the link to) when the Home Office staff turned up at the marriage venue and detained the illegal non-EEA migrant (before the marriage could take place).

Be aware that in any case, due to his illegal status, your non-EEA friend will not be able to apply for British citizenship for at least ten years from the time his status was legalised.

EDIT: Beaten by Ohara.

[noajthan]

Hi All,

I am asking this question on behalf of my friend.

Need some suggestions on to how to proceed.

His situation.

- Married (unregistered, religious marriage) to Irish girl
...

He wants to legalize his stay in this country. What are his options.

Any suggestions will be highly appreciated.

What is this religious marriage?
Who conducted it?
Where/when?
What proof of the union is there?

[_Angel_]

What is this religious marriage?
Who conducted it?
Where/when?
What proof of the union is there?

It is an Islamic marriage (Nikah), performed in Scotland this year. They have utility bills on joint names etc. but there is no "registered/legal" proof of marriage.

Thanks

[Casa]

Why not get marriage in UK?

Marriages where one of the participants is a non-EEA citizen in the UK must have notice given at designated register offices. The notice period can be and usually is extended from 28 days to 70 days and the couple are interviewed by Home Office staff to ascertain if the marriage is genuine.

https://www.gov.uk/marriages-civil-part ... n-national

There has been a case on these forums (which I can't find the link to) when the Home Office staff turned up at the marriage venue and detained the illegal non-EEA migrant (before the marriage could take place).

Be aware that in any case, due to his illegal status, your non-EEA friend will not be able to apply for British citizenship for at least ten years from the time his status was legalised.

EDIT: Beaten by Ohara.

See secret.simon's post above.
An Islamic ceremony in a UK Mosque won't be recognised as a legal marriage under British law.

[ohara]

What is this religious marriage?
Who conducted it?
Where/when?
What proof of the union is there?

It is an Islamic marriage (Nikah), performed in Scotland this year. They have utility bills on joint names etc. but there is no "registered/legal" proof of marriage.

Thanks

Have a read of this BBC News article from 2010: http://news.bbc.co.uk/1/hi/uk/8493660.stm

While they may be married under Islamic law, a Nikah conducted in the UK without having performed a civil registry is not recognised under British law.