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EU/Non-EU Marriage possibility of detention???

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

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

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Tadatada
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EU/Non-EU Marriage possibility of detention???

Post by Tadatada » Wed Nov 08, 2017 1:23 pm

Hi
Please I need advise concerning this.
My partner and I gave notice to get married and it was extended to 70 days , we were asked to come to come for an interview which they almost detained me but released me by God's grace .
After the 70 days I have contacted the registra and they have agreed for us to get married but am worried they might detain me when I get there . But I currently have a pending application as an EEA family member .
Don't know if I will be detained.
Pls advise

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CR001
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Re: Spouse Visa and Marriage in detention centre help

Post by CR001 » Wed Nov 08, 2017 1:28 pm

What nationality is your proposed spouse?

Who is your EEA Family member application based on?
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Re: Spouse Visa and Marriage in detention centre help

Post by Tadatada » Wed Nov 08, 2017 1:33 pm

I am Ghanaian and my boyfriend is Polish .
EEA application is based on unmarried partner but we have not lived together for two years .

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Re: Spouse Visa and Marriage in detention centre help

Post by CR001 » Wed Nov 08, 2017 1:39 pm

Tadatada wrote:
Wed Nov 08, 2017 1:33 pm
EEA application is based on unmarried partner but we have not lived together for two years .
This is a mandatory requirement and your EEA extended family member application will fail due to not meeting this requirement.

How long have you been in a relationship and/or lived with your partner?

What is your UK immigration/visa history?
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Re: Spouse Visa and Marriage in detention centre help

Post by Tadatada » Wed Nov 08, 2017 1:42 pm

I have been with my partner for more than a year .
My student visa expired Dec 2016

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Re: Spouse Visa and Marriage in detention centre help

Post by CR001 » Wed Nov 08, 2017 1:54 pm

You have been an overstayer since your student visa expired. You have no automatic rights or Section 3C protection under the Immigration Rules if you applied for an extended family member residence card.

You are at risk of detention but no one on the forum can tell you definitely if you will be detained or not on your wedding day.
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Re: EU/Non-EU Marriage possibility of detention???

Post by Tadatada » Wed Nov 08, 2017 2:29 pm

Thank you for your reply but just want to know if anyone has gone through similar situation recently

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Re: EU/Non-EU Marriage possibility of detention???

Post by Ronnie007 » Fri Nov 10, 2017 10:46 pm

Try a church wedding. Or your partner can apply a visa for you to go to Poland together via polish consular and while in Poland get married then apply Poland resident permit and travel to UK with your husband.

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Re: EU/Non-EU Marriage possibility of detention???

Post by secret.simon » Sat Nov 11, 2017 6:12 am

Ronnie007 wrote:
Fri Nov 10, 2017 10:46 pm
Try a church wedding.
Even vicars and other church marriage officiants must notify the Home Office if one party to a marriage has limited leave to remain or are not in the UK legally. Therefore, from the viewpoint of getting married to somebody in the UK illegally, a church wedding is on par with a registry wedding.

https://www.yourchurchwedding.org/artic ... nationals/
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Tadatada
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Re: EU/Non-EU Marriage possibility of detention???

Post by Tadatada » Sun Nov 12, 2017 6:29 am

Ronnie007 wrote:
Fri Nov 10, 2017 10:46 pm
Try a church wedding. Or your partner can apply a visa for you to go to Poland together via polish consular and while in Poland get married then apply Poland resident permit and travel to UK with your husband.
Thanks very much but what are the laws regarding polish marriage . I have never been there and my partner has been living here for ten years . He visits though and still registered on that address . And also when I went for the interview at the home office they took my passport .

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