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EEA national Marriage with non EEA overstayer

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Bselinax
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Joined: Thu May 04, 2017 7:56 pm

EEA national Marriage with non EEA overstayer

Post by Bselinax » Tue Jun 27, 2017 9:19 pm

Hi everyone,

I am an Italian citizen, been living in uk for te past 5 years, will be applying for eea or in couple of days. I have been studying since I came in uk and I have been working full time for the last two years with no gap.
I am thinking about getting married to to my fiancé, he is a non eea came in uk with student visa, after finishing he's degree he applied for masters but he's application got refused and he ended up overstaying (overstayed for 3 years now).

How do I go to get married to him and not have problems with HO or border force (if that is what it's called). Shall we get married before or after I get my EEA PR certificate?

What is the process of gettingv married to non eea individual that is illegal in uk ? And how do I apply for residence card for him? If I manage to get married to him is there any chance he will be refused RC ?

Can I do Islamic marriage first and then court marriage and apply for RC after have received my PR so that my case is stronger ?

If they invite us for interview what do they ask ? I am so scared...


Thank you

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Casa
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Posts: 25776
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: EEA national Marriage with non EEA overstayer

Post by Casa » Tue Jun 27, 2017 9:42 pm

Bselinax wrote:Hi everyone,

I am an Italian citizen, been living in uk for te past 5 years, will be applying for eea or in couple of days. I have been studying since I came in uk and I have been working full time for the last two years with no gap. Did you hold CSI for the years while you were studying :?:
I am thinking about getting married to to my fiancé, he is a non eea came in uk with student visa, after finishing he's degree he applied for masters but he's application got refused and he ended up overstaying (overstayed for 3 years now).

How do I go to get married to him and not have problems with HO or border force (if that is what it's called). Shall we get married before or after I get my EEA PR certificate? In order to marry in the UK you will have to register with a Home Office designated Registry Office. The Registrar is legally bound to notify the HO, who can then extend the notification period from 28 to 70 days in order to interview you both separately should they choose to do so before the wedding can go ahead. As an overstayer, you should be aware that your partner is at risk of being detained on the day of the interview.

What is the process of gettingv married to non eea individual that is illegal in uk ? And how do I apply for residence card for him? If I manage to get married to him is there any chance he will be refused RC ?

Can I do Islamic marriage first and then court marriage and apply for RC after have received my PR so that my case is stronger ? It makes no difference.

If they invite us for interview what do they ask ? I am so scared... Questions about your relationship, personal details which you would both be expected to know about each other. The answers must match.


Thank you
Do you live together and if so, for how long?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Bselinax
Newly Registered
Posts: 13
Joined: Thu May 04, 2017 7:56 pm

Re: EEA national Marriage with non EEA overstayer

Post by Bselinax » Tue Jun 27, 2017 9:58 pm

Casa wrote:
Bselinax wrote:Hi everyone,

I am an Italian citizen, been living in uk for te past 5 years, will be applying for eea or in couple of days. I have been studying since I came in uk and I have been working full time for the last two years with no gap. Did you hold CSI for the years while you were studying :?:
I am thinking about getting married to to my fiancé, he is a non eea came in uk with student visa, after finishing he's degree he applied for masters but he's application got refused and he ended up overstaying (overstayed for 3 years now).

How do I go to get married to him and not have problems with HO or border force (if that is what it's called). Shall we get married before or after I get my EEA PR certificate? In order to marry in the UK you will have to register with a Home Office designated Registry Office. The Registrar is legally bound to notify the HO, who can then extend the notification period from 28 to 70 days in order to interview you both separately should they choose to do so before the wedding can go ahead. As an overstayer, you should be aware that your partner is at risk of being detained on the day of the interview.

What is the process of gettingv married to non eea individual that is illegal in uk ? And how do I apply for residence card for him? If I manage to get married to him is there any chance he will be refused RC ?

Can I do Islamic marriage first and then court marriage and apply for RC after have received my PR so that my case is stronger ? It makes no difference.

If they invite us for interview what do they ask ? I am so scared... Questions about your relationship, personal details which you would both be expected to know about each other. The answers must match.


Thank you
Do you live together and if so, for how long?

Thank you for your help so far. What is a CSU? I have proof from my college stating that I have been a full time student for 4 years and have all my payslips from both my workplaces.

We do not live together as we are not married yet, we have pictures, and phone bills that can proof our relationship.

Also if they detain him on the day of the interview can they send him back to his country ? How do we avoid this ? I'm so preoccupied as I am I will not get married with November probably as I will wait for my passport to come back and also get a new job around that time... how else can we prove our relationship is real ?

And under what basis do they pick people for interviews ?


I have a far relative working in my local registry office can they help me to not get interview (as I'm scared they can detain my fiancè) in any way ?


Thank you

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CR001
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Re: EEA national Marriage with non EEA overstayer

Post by CR001 » Tue Jun 27, 2017 10:01 pm

And under what basis do they pick people for interviews ?
When they suspect a marriage of convenience for the overstayer to regulise their immigration status.
I have a far relative working in my local registry office can they help me to not get interview (as I'm scared they can detain my fiancè) in any way ?
It isn't up to your 'relative' to decide or 'help' and this would NOT be a good move on your part, this might just make 'marriage of convenience' more on HO radar. Whether to interview or not is up to HO. The HO approved Registry office must follow the procedures.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Casa
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Posts: 25776
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: EEA national Marriage with non EEA overstayer

Post by Casa » Tue Jun 27, 2017 10:09 pm

Bselinax wrote:
Casa wrote:
Bselinax wrote:Hi everyone,

I am an Italian citizen, been living in uk for te past 5 years, will be applying for eea or in couple of days. I have been studying since I came in uk and I have been working full time for the last two years with no gap. Did you hold CSI for the years while you were studying :?:
I am thinking about getting married to to my fiancé, he is a non eea came in uk with student visa, after finishing he's degree he applied for masters but he's application got refused and he ended up overstaying (overstayed for 3 years now).

How do I go to get married to him and not have problems with HO or border force (if that is what it's called). Shall we get married before or after I get my EEA PR certificate? In order to marry in the UK you will have to register with a Home Office designated Registry Office. The Registrar is legally bound to notify the HO, who can then extend the notification period from 28 to 70 days in order to interview you both separately should they choose to do so before the wedding can go ahead. As an overstayer, you should be aware that your partner is at risk of being detained on the day of the interview.

What is the process of gettingv married to non eea individual that is illegal in uk ? And how do I apply for residence card for him? If I manage to get married to him is there any chance he will be refused RC ?

Can I do Islamic marriage first and then court marriage and apply for RC after have received my PR so that my case is stronger ? It makes no difference.

If they invite us for interview what do they ask ? I am so scared... Questions about your relationship, personal details which you would both be expected to know about each other. The answers must match.


Thank you
Do you live together and if so, for how long?

Thank you for your help so far. What is a CSU? I have proof from my college stating that I have been a full time student for 4 years and have all my payslips from both my workplaces. CSI is Comprehensive Sickness Insurance which is a requirement in order to use the years while you were studying to qualify for PR.

We do not live together as we are not married yet, we have pictures, and phone bills that can proof our relationship.

Also if they detain him on the day of the interview can they send him back to his country ? How do we avoid this ? I'm so preoccupied as I am I will not get married with November probably as I will wait for my passport to come back and also get a new job around that time... how else can we prove our relationship is real ? Only you will know what evidence you have of your time together. Yes, as an overstayer he can be returned to his home country.

And under what basis do they pick people for interviews ? I can't answer that. There have been cases where one would expect an interview and aren't called for one, and others where the interview is unexpected.


I have a far relative working in my local registry office can they help me to not get interview (as I'm scared they can detain my fiancè) in any way ? The Registrar doesn't make the decision to interview and notification is a legal requirement when the marriage involves a foreign national, with or without legal status. This decision is made by the Home Office. Your fiance could of course return to his home country and you could then marry there and apply for an EEA Family Permit. :idea:


Thank you
Edit: Beaten by CR001
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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