please don t ignore my question , it s very important

[isabella11]

i am leaving uk next week, i am an overstayer for 7 years , engaged to a british citizen , we will get married in my country next month then we want to move to Germany as he s been offered a good job there
will i have problems with immigration there because of my overstaying in england ?????
in my country i will have to go to german embassy and apply for family permit do you think they will know i was overstayer
also i will applying for a new passport in my country so they won t see nothing in my passport do you think it won t be no problem or the UK inform all other countries about overstayers ????

please answer me what d u think ????

[isabella11]

106 views , no replies or comments

anyone pls who knows about this ?

if i am a overstayer with automatic ban in uk will i have the same thing in Germany if i join my partner there under family permit !!!!!!

[egg yolk]

Countries of the EU are jointly stepping up their stance against illegal immigration. Illegal immgiration is a crime and certain countries help each other to fight against crime.

Exactly what co-operation the UK and Germany share as far as fighting illegal immgration is concerned, my knowledge is fairly limited.

However I would advise you to contact an Immigration advisor because your whole family is at the stake of this situation.

My best wishes for you and your family.

Regards,

EY

[rockhall]

isabella11

The only thing I can say to you is always say the truth to whichever immigration authority, if the Germans ask you whether or not you have broken any immigration law you say yes and if they want an explanation you give them one.

They might be sharing a database that we may not be aware of, alot of people tend to think that changing passports may help them escape.

[Mr Rusty]

Isabella,
Your British husband-to-be is going to Germany to "exercise his treaty rights" as a European Citizen to live and work there. These are rights guaranteed under European, not German law, and as his wife you are entitled to accompany him. The only reason you could be refused a family permit is if the German authorities prove that you are marrying him to get into Germany - and they have to prove it, not just suspect it.

So, as previously advised, you should tell the truth if you are asked the question, but your previous overstay here should not count against you. Look at the logic - if you've survived here for seven years, why would you voluntarily return to your own country and take the risk of making a marriage of convenience to somebody you don't know or don't intend to stay with - it doesn't make sense.

So don't worry, you'll get your family permit. And if your husband finishes his work in Germany and decides to return to UK, you will qualify for a family permit under European Law for the UK as well.

Good luck.

[Frontier Mole]

Beg to differ with Mr Rusty.

If your husband returns to UK he does not benefit from the EEA Regulations as regards non-EEA spouse. You would have to have UK entry clearance. One of the joys of EEA nationals having more rights than the citizens of the host country.

New passport will not separate you from your previous immigration history. If a visa was required at the time your original entry your details are on the system. New passports reference by bio data strip to previous passports / visa so it is unlikely you will survive close scrutiny by an IO at a port.

Suggest you get to Germany and apply for spouse entry to the UK.

[isabella11]

thank you all for taking time and effort to answer me
i am not planning to return to uk we started to hate it because of these suffrances , we want a life together isomewhere else
we love each other and because of all this headache he said he get a job in germany and i join him there we want to be together , we can t live a part we are soulmates he can t live without me and me the same i will die if i don t see him for a week we never been apart so we trying to find a life somewhere else since uk is punshing an overstayer this way and don t care about families or human beings

[Marie B]

A British Citizen can return to the UK with non-EEA family member(s) under EU rules if they have been exercising treaty rights in another EU country for at least 6 months. The surinder singh route. So I agree with Mr Rusty that Isabella11 would qualify for an EEA family permit to come to the UK - maybe something you're not interested in now, but useful for the future if you change your minds.

[Wanderer]

My experience of Germany is it's like the UK in the 70's, far more bureaucracy and far more dearly beloved.

And;

1. No cashback!

2. Everything closes on Sundays

3. Banks close at lunchtimes.

4. They have Sunday Evening Variety Shows on telly.

5. Mullets are still cool.

I love it!

[isabella11]

thank you for your answers my friends
here is my immigration story and you can judge me if you like :
i came to uk as a spouse legally but didn t get a long with my husband and i left him , then he refused to divorce me , i have been trying to get my divorce from him for nearly 7 years now but not getting anywhere
i didn t have the money or the power to start divorce and he moved from his adress, recently i managed to trace his adress at work on the internet so i got a asolicitor and i gave power of attorney to my partner (a british citizen )to get me my divorce so i can get married again
my husband when i phoned him says : i need to pay for my freedom , i won t get any divorce as punishment i left him after the mariage few days
i asked immigration people they told me because i didn t live with my husband i am illegal overstayer so it s better i leave in these 6 months
so my plan to return soon , my partner start legal action against my husband to give me my divorce and then get maried and go to an other european country, my main reason for overtsayer is to get my divorce !!!
anyway all what i want now is my freedom , the immigration law is punishing me as overstayer but the real criminal is my husband who balckmail me asking me to pay him money if i want my freedom
i swear to you my friends this is exactly what happened to me
i didn t come to uk for any other reason , i cam with my husband but it turned into a nightmare he is an knee cap control freak and i left but despite being in a acountry where women have rights i didn t feel i have any rights or any help when i went to solicitor i have to pay 60 pounds for 20 minutes , my partner promised me he will do his best to get me divorce and put an end to this suffrance
i have the right to get divorced and be free and marry the man who supported me been by my side
so in my case i have 2 problemes i have to fight for my dvorce , then i have to fight against immigration laws whic classified me as overstayer

[martha]

I'm confused here.
You say you can't get a divorce from your current husband, yet you say you are going to Germany to marry someone else next month?


I dont understand how you cant get a divorce.
Your husband can contest the divorce, but I dont see why it is taking this long. You say 7years?

Or am I missing something here?
Your current husband would have given his reasons why he no longer supported your spouse visa. And you would have had no legal reason to be here, hence you being an overstayer. The system works this way, but does not prevent you from re-applying back home in some capacity. In your case, you have a new man who is prepared to support you.
As your divorce is taking so long you are frustrated with the system. What exactly is holding up the divorce?
For your future husband to move to Germany and work there seems an odd way of trying to sort things out.
can you not return home now , take your new man with you to work there, then reapply once your divorce is finalised?

[Wanderer]

I agree with the previous poster, overstaying to hopefully gain a divorce is no reason to break the law. As soon as the relationship ended to OP should have left.

All this is gonna make a move to Germany next to impossible for the OP, Germany doesn't seem to recognise unmarried partners, I know they have to by EEA mandate but they go out of their way to make it impossible.

[isabella11]

Martha and wanderer thanks for taking interest in my complicate problems well this is exactly what hapened
i came first with a fiancee visa then got maried in an english register office , then went with my husband but we didn t get a long , i asked for my divorce peacefully he refused , i didn t want to return to my country a maried woman and my usband in ana other country refusing to divorce me , i wanted to take my divorce in my hand then return so i can be free
then after that my husband disappeared from his address, during this time i met my current partner , we want to get married but legally i am still married to the other one , so we wanted to get the divorce , we managed to trace him on the internet , then started in a peaceful way asking him for divorce but he keep saying if i want my freedom i need to pay all money he spent on the marriage , my ticket .........etc me and my partner now saved a bit money and i decided i have to leave and leave my partner in charge to get me divorce and serve him a divorce notice to the adress of his work which we found on the net
the mistake i made is staying in the hope to get my divorce but i didin t get anywhere
also my husband is a very rich man he is thinking he is above the law and he doesn t care he can afford 100 solicitor ,when i call at his work he get people working for him answering me saying i need to pay thousands for my freedom!!!!1 my tragedy was money i didn t have money for a solicitor to drug his sorry mule in a court to get my freedom plus since i didn t live with him i don t have any right to stay here
now , what me and my patner are going to do : i gave my fiance power of attorney recently and he will start divorce as soon as possible , me i will leave voluntarily in couple weeks to avoid these new rules and wait for my divorce which i heard will take 2 to 3 months after that i am going to get maried with my partner in my country after that :
after reading your advices i think we either apply to british embassy and see if they refuse or not, if they refuse we will move to an other eu country
my partner job does n t exist in my country , but he can find a job in any eu country
also my husband thought i left uk he is thinking i call him from my country and ther is nobody to get me divorce in uk , but my fiancee with power of atorney will pop up to him with a divorce notice
also during these years my husband made me beleive he did a na nnulment stariaght after i left and if i want a copy i have to buy from him
i looked in all the uk court for any trace of this annulemnt but couldn t find any record so i think he was just bull shiting me trying to make me sufer
he is enjoying this situation , he thinks he has the power and i need to buy my freedom from him !!!
tomorrow i am going to a solicitor and see what they say , i could n t find his home address but i am sure of his work adress , the company he is wrking for he owns shares in this company , i am also worried he could harm me and my partner he is a powerful man with millions
but deep inside i think i am entitled to have my divorce and start a new chapter in my life with the man who care a lot about me and who s been by my side in this bad situation

[isabella11]

martha to explain to you so you won t be confused:

when i left my husband because of some reasons , i did nt start any divorce against him then don t forget that i came from abroad to uk , i ididn t have any money on me , divorce costs money , solicitors it s not an easy thing a woman on her own foreigner , no job can do !!!!!!
so i just stayed with some friends and tried the peaceful way with my husband : phoning and asking him to divorce or anull the marraige
but it didn t work this way , he also said he did a divorce but refusing to give me any copies or reference number i have to pay money the costs !!!!!!!
it costs me a lot of money trying to trace divorce records in courts archives everytime i have to pay 40 pound for a search in databases ...etc but nothing searched recently in england and wales divorce records nothing again which proves to me he is just a liar playing head games
now with my partner we saved some money for last 3 years and we are going to spend it on a solicitor and a proper divorce hope you understood now
when i return to my country we are not going to get maried staright away i have to wait until i receive divorce, i heard 2 or 3 montsh but a solicitor says 1 months so i am hoping in a month or two i will have my divorce and get maried

[isabella11]

martha : regarding ur question what holding up the divorce ?????
1- i didn t have money for divorce
2- he disapeared for a few years no trace any where and i need his adress
3- he made me beleive he didi divorce but refused to give any helpful information so i spent some time asking courts to search under my name and his name for any records

about immigration????
after i left my husband , i was stupid not aware of any law , my husband thiought i left the country and he never got in touch with any immigration
i phoned bureau citizen advuce and they explained to me my immigration situation and that i am an overstayer since i left thge marriage my energy is drained because of this but i am rying to keep strong

[martha]

Hi,
Thanks for your update. It sounds as complicated as my situation, so I understand your worries.
As a dependent on your husband perhaps you didnt qualify for legal aid regarding a divorce. But at least now you have a supportive partner who can proceed for you when you go home. Going home is the right decision by the way,especially as you have other plans in the pipeline.
As for your husbands collegues telling you to pay loads of money back to him, that isnt for anyone to decide, other than the divorce courts. As you are applying for the divorce, your solicitor will naturally ask for some settlement on your behalf, though doubtful you would get anything anyway,due to the shortness of the marriage.
I also doubt your husband can be successful in procuring money from you in the divorce, after all, you dont have anything do you? Should you have any assets or savings at all, you will need to declare all these things to the courts. They dont take kindly if you try to hide such things away.
So be honest and open with the solicitor, or it could go against you in the long run.
As you understand your situation fully, only you can see all the facts as they are.
The divorce papers can be served at your husbands place of work. Your solicitor can write to him there, advising him to get a solicitor, because you are seeking a divorce. This is known as a courtesy letter. I'm sure he will then get a solicitor.Then all correspondance regarding addresses etc can be dealt with by the both solicitors.
Lets hope your husband doesnt contest it, then it can all be dealt with quickly for you.
Good luck

[isabella11]

thanks martha
i just want my divorce i don t want anything from him , he is a very rich man with a lot of money but in my opinion he is poor when it comes to values , honesty and good human beings ethics
what i will ask my solicitor tomorrow is to get me divorce nothing else
i didn t live with him , so i don t have the right for anything and i don t want to, i just want my freedom , i have a feeling that he did the annulment and he has a copy somewhere but he is refusing to give me any clues but i think once my solicitor serve him with divorce notice he will be forced to say the truth about the anullment if he did it in the court
i won t be here in uk even tomorrow my partner will start this in his name
with the power of attorney i gave him , me i am just getting ready t leave and build a bit strenghth to face the immigration at the airoport , i will tell them the truth i am hoping they will be kind to me and not nasty

Martha people who answers his phone are his employees , i just checked my email ther is an email there saying : the annullment costs a lot of money how much you willing to pay !!!!!!!! the emails are not signed by anyone s name they are very careful not even mentioning his name but i will print this email and give to solicitor

[isabella11]

just a little update , just came from my solicitor and she is starting divorce tomorrow she said it will be very quick
so now i am just getting ready to leave the uk
wish me luck
i will keep you updated on my application in the future as i am an overstayer who s trying to benefit from the concession months

[martha]

Yes, good luck with the divorce and your other plans. We wait to hear from you