overstayed visa - require application advice

[darthraki]

Hi all,

i would like to know some information as this is for a friend and would like to provide the correct info as he has been told different things from different lawyers.

The facts are as follows;

1. He has overstayed on his work visa to the UK and has been here nearly 10 years
2. He got married 2 years ago and has a 3 month old baby with an EEA national
3. His wife is EEA national but does not have her certificate or PRC as she has not been working or in the UK for 5 years
4. He is currently working but paying minimum tax

I have advised him that it would be beneficial to apply for his wife who is EEA national to get her paperwork in order such as.

1. Wife should get certificate to be in the UK
2. She should then apply for her PRC even though she hasn't worked or been here for 5 years so that they atl least have her name on file and will advise her what she needs to do for the next application
3. Once she has her PRC, they should apply for their baby to have a UK Passport

I was wondering what can he do to kick start his application to the home office to be allowed to stay in the UK legally and then apply for British residency.

Would be great help

Thanks all.

[CR001]

2. How did he get married? Islamic marriage or through the Registry Office after giving notice to marry?

3. Has the EU citizen wife ever worked? How long has EU wife been in the UK? If she has not worked or exercised treaty rights, she cannot apply for PR and also cannot apply to REGISTER the child as British before being able to get a British passport.

4. He probably should not be working as he has no right to reside if his wife is not a qualified person exercising treaty rights.

[darthraki]

2. How did he get married? Islamic marriage or through the Registry Office after giving notice to marry?

3. Has the EU citizen wife ever worked? How long has EU wife been in the UK? If she has not worked or exercised treaty rights, she cannot apply for PR and also cannot apply to REGISTER the child as British before being able to get a British passport.

4. He probably should not be working as he has no right to reside if his wife is not a qualified person exercising treaty rights.

Thanks for the quick reply...

2. He is Indian / Sikh - got married via Religious Temple, I understand that Gurudwara also does the Marriage Certificates as well without going to a Registry Office.

3. EU Citizen wife is currently working but is on maternity leave but I believe that is classed as exercising treaty rights...
She has been in the UK for 2-3 Years.

4. Should she first apply for a Registration Certificate ?
https://www.gov.uk/eea-registration-cer ... e/overview

[CR001]

2. If the religious marriage (sikh or islamic) was conducted in the UK, then it would not be recognised and he will therefore not be considered married.

[darthraki]

2. If the religious marriage (sikh or islamic) was conducted in the UK, then it would not be recognised and he will therefore not be considered married.

2. I believe he has a marriage certificate in the UK to confirm their marriage.
I will have to double check.

Any further information on the other points would be great...just so i can advise where to start from.

Thanks

[CR001]

https://www.gov.uk/government/uploads/s ... 57c_V3.pdf

The EU citizen cannot apply for PR. Can apply for a residence card and partner also.

[darthraki]

https://www.gov.uk/government/uploads/s ... 57c_V3.pdf

The EU citizen cannot apply for PR. Can apply for a residence card and partner also.

Thanks - this has cleared up a few things.