Overstayer getting married in UK or home country?

[dinarskialpi]

Dear all,

I am seeking an advice or a second opinion. Thank you

I came to the UK (15 years old) as a dependent of a work permit holder at the time in 2002, my father. He gained citizenship 10 years ago. While I got refused ILR when I initially applied for. I appealed against the decision and it got turned down). We went to the court of Human Rights and after 2 and a half years they supported the decision of the UK. In 2010 i received a letter from HO to send my passport and 4 photos away which I did and I never heard from them back. Last december 2016, I receved a letter to leave the country after being in the UK since a young teenager. I am 31 years old now and an overstayer .

I am in a genuine reletaionship and I am getting merried. My lawyer suggests that I do it in the UK with the current climate, while begging of the year he said to do it back in my home country European ( non EU country). I am getting all sorts of different opinions from my friends and I need to decide. If anyone had a similiar situation please let me know.

Thank You and much appreciated

[vinny]

Strange for them to refuse ILR to a dependant of a work permit holder, unless your father applied for ILR under Long residence?

What is the immigration status of the person you are planning to marry?

[Casa]

Your solicitor should have advised you that in order to marry in the UK you will only be able to register with a Home Office designated Registry Office.
The Registrar is then legally bound to notify the Home Office who can then extend the waiting period from 28 to 70 days in order to interview you both separately if they choose to do so, before the wedding can take place.

Be aware that as an overstayer you are at risk of being detained on the day of the interview.

[dinarskialpi]

@Vinny My father applied before me as he came to the country one year before me in 2001. When I applied for ILR I was 20 years old and I was considered an independent. My lawyer admitted he didn't give the right advice (an accident- which deeply affected me in next 10 years) to live with my father and apply as a continual dependent, He suggested a private life application (stating you got 80% getting ILR) it got turned down.

The person is a German national and She lived in a country for 7 years and about to get ILR

@Casa I filled in an immigration status form from registrars and stated that I am an overstayer as adviced by my lawyer. I understand and it is one of mine major concerns.

[vinny]

Unfortunately, it was very messed up. I think you had a good chance of applying of ILR as a dependant of a work permit holder at the same time as your father.

I agree with Casa that they may stop and detain you at the wedding.

If they allow the wedding to take place, then you cannot switch in-country to FLR(M) under the Immigration Rules. However, you may be able to apply under the EEA regulations, if they are satisfied that the marriage wasn't one of convenience.

[Obie]

I hope this is not the same lawyer who messed up the ILR, cos it seems to me that the ILR was messed up.

There is no practice of deporting dependent of PBS migrant or work permit holder, unless of course you cease living with your parents and formed an independent life.

I find this case compelling , if it was one , to which settlement ought to have been issued.

[dinarskialpi]

@vinny I know, I didn't have a right advice at the time and I got mingled by the system. Each time they kept changing the law "long stay" from 10 years stay to 14, from 14 to 20 current I was missing less than a year. Is it safer and better chance to cancel the wedding here and do it in home country? The relationship is genuine, but it is less than a year long.

What stops them to detain me at the interview? let's say that decide the relationship is not too lengthy, for example, we live together and the rest...If they stop and detain me at the wedding, what happens next, will they give me a ban on re-entering back to the UK? I have strong ties here and I lived here since I was 15 years old. If I am to get married back home or Germany, would it be harder to get back in the UK, since I previously overstayed?

If they allow the wedding to happen, the initial plan guided by my lawyer is to apply for an FLR visa, via EEA regulations from here.

@Obie It is the same lawyer (supposedly a good one, recommended) to which I 've been going for years, his law firm has been involved in my case throughout and he admitted my case was an accident 10 years ago.
At the time there was no point base system, It was highly specialized work visa. After 4 years of work permit, my father gained ILR and a year later a citizenship. I went to higher studies in a different city as my father worked in a small town where those studies were not available. Technically, we didn't live together under the same roof, but he financially helped me. My lawyer at the time could have advised me to move back to my father's home to live and apply from there, but no we went via private life in UK route.

My concern now is should I voluntarily leave the UK and marry in my country, apply for a family member visa via EEA regulation, as my spouse is settled in UK. or do it here in the UK. We already booked a date here last week, and the HO would be informed by now as registrar sent away my Immigration status form. This was my lawyer's idea as is the best choice to the current climate. Rather than going home getting married and applying from there- what my lawyer initially suggested at the beginning of the year. I don't know if the UK regulations changed in a meanwhile and why all of the sudden it's better to do it here?! I am confused.

To both Thank You for taking the time to reply.

[Casa]

Has you 'lawyer' explained that there is no FLR visa under EEA Regulations?

[dinarskialpi]

What I gathered regardless I marry here or back in Germany or home country, I would need to go back to home country to apply for a spouse visa? is this right? What another way can I apply staying in UK after I get married?

[vinny]

However, you may be able to apply under the EEA regulations, if they are satisfied that the marriage wasn't one of convenience.

You don't have to leave under the EEA regulations. But who knows what Brexit may bring?

[dinarskialpi]

Thank you, Vinni,

I'll ask all this to my lawyer as well and also what kind of questions should I expect at the interview? Just the thought of it makes me nervous, never mind on the date.

I'm still in doubt, would it be better that I voluntarily went home, got married, and applied for a visa from there.

[dinarskialpi]

Latest Update!

I did as advised by my lawyer to get married in the UK,

I received a letter from the Home Office, postponing the date by up to 70 days, opening an investigation of proposed marriage.

I wonder what exactly states as an investigation? Will it lead to an interview and what sort of questions will they ask?
I worked as an overstayer illegally as I waited for a response from the home office for many years, although I paid taxes, NI as normal and everything under my name.

Was it marring in outside UK a safer option?

Thank you

[Casa]

Your solicitor should have advised you that in order to marry in the UK you will only be able to register with a Home Office designated Registry Office.
The Registrar is then legally bound to notify the Home Office who can then extend the waiting period from 28 to 70 days in order to interview you both separately if they choose to do so, before the wedding can take place.

Be aware that as an overstayer you are at risk of being detained on the day of the interview.

As I advised in this post.

[bathanza]

Latest Update!

I did as advised by my lawyer to get married in the UK,

I received a letter from the Home Office, postponing the date by up to 70 days, opening an investigation of proposed marriage.

I wonder what exactly states as an investigation? Will it lead to an interview and what sort of questions will they ask?
I worked as an overstayer illegally as I waited for a response from the home office for many years, although I paid taxes, NI as normal and everything under my name.

Was it marring in outside UK a safer option?

Thank you

Hello. The investigation is based on your relationship and if you are called by the time stated in the letter, it will be to interview you and your future wife and will ask you all sorts of questions. (What colour is your carpet at home, what food do you like etc etc) don't worry and do exactly what the letter asks of you (an email to the marriage team I believe)

There are publications available on the Home Office website which you can analyse on the number of marriage referrals VS the number of investigations carried out.

My friend had an arranged marriage near Newcastle to a Bangladeshi who was on a student visa. They registered to get married, had an interview and had approval. Prep yourself JUST IN case. Better be safe than sorry.

[dinarskialpi]

Hello All

The latest update: We received a date for an interview 06.07. near the airport in Edinburgh, Scotland ...

It says if we need an interpreter (which we don't), ID passport which is fine, but my only and a big concern is they asks for last 6 months bank statements.

Now, I have been working and it would show up on statement Credit/Debit Is this not a good idea? I have to comply with an investigation, Maybe is the better option to go back home and marry.

I think the main purpose of the interview is for them to check if the relationship is genuine, but whether i worked or not might have and issue.

Please for your advice.

Thank you

[CR001]

Working when you have no visa status and are an overstayer is illegal. HO probably already knows you are working anyway, they have all the information available to them.

[bathanza]

Hello All

The latest update: We received a date for an interview 06.07. near the airport in Edinburgh, Scotland ...

It says if we need an interpreter (which we don't), ID passport which is fine, but my only and a big concern is they asks for last 6 months bank statements.

Now, I have been working and it would show up on statement Credit/Debit Is this not a good idea? I have to comply with an investigation, Maybe is the better option to go back home and marry.

I think the main purpose of the interview is for them to check if the relationship is genuine, but whether i worked or not might have and issue.

Please for your advice.

Thank you

Hello. The HO investigation is to establish if your relationship is not a SHAM marriage. There are many people who abused the laws to pay to settle in the UK when settlement was far easier (2 years to get PR then divorce retaining PR/or nationality rights). So you need to brush up on the most simplest things when it comes to answering questions about each other.

Some useful links which I found that would help:

https://donmagsino.com/2015/11/26/possi ... interview/

Make sure during the interview you cosy up and relax too.

With regards to the 6 months bank statements, take them otherwise you will not be compliant and your registration notice will likely be refused, you can simply apply again.

I have a very, very vital question to ask: Do you have a pending case with the HO at this moment in time?

[dinarskialpi]

Hello Bathanza,

Thank you for getting in touch.

I understand the prime reason for the investigation, but the what are the bank statements for? I will take it as I have to comply with HO investigation of course.

No, I don't have a pending case with HO.

With Kind Regards

[bathanza]

The bank statements are proof of your address, so you'll need to take it with you.

With such a complex history with everything that you have been through, to not have a pending case or anything protecting you against deportation, a marriage isn't going to solve your issues. I would fear that you may have a high risk of the HO questioning you further. If the lawyer suggested this route, I would recommend you speak to someone else to establish your options.

[lucky2011]

Hi I have been following this post for a while. Just wondering how did you get on with the interview and what are you planning on doing next ?. You case is very similar to mine and it would help a lot if you can give me some update.

Thanks.

[dinarskialpi]

Hi lucky2011,

Thanks for reply. I passed an interview (complied with investigation) . Got a letter that allowed me to get married , which I did.
Now, I'm applying for a FM EEA , and will have to wait for a wee while till I get an answer from them. Most likely around 6months.

Best of Luck to your case.

[lucky2011]

Hi thank you for your reply and I'm glad it work out for you. Are you leaving Uk to apply or will be applying within Uk ?.



Kind regards

[dinarskialpi]

From inside the UK.

If done from back home. Due to complexity of my case it would be harder to get back in.

[Snw93]

Hello dinarskialpi,
Thank you for sharing with us your experience.
How was the interview experience?

[lucky2011]

Thanks man but I'm very confused. I have been in UK since I was a kid and been here for more then half of my life 16 years ( overstayer ) and have a British partner. I was advised by my lawyer to marry in Uk and go back to my Native country which I genuinely have no ties with to apply for spouse visa from there. Its a Very difficult situation as I'm not sure to proceed with an application from here or go back. I would really appreciate if you would advice me on this.

Thanks again.