EEA2 application- unmarried partner, overstayer with a baby

farneybunny · Post by **farneybunny** » Wed Apr 30, 2008 12:27 pm

tasha75 wrote:

Sorry if you felt that way but it is not up to us, forum members to decide whether you should be issued with a LTR or not. I can't speak for everyone but having been in a similar situation myself I wouldn't wish it to anyone, especially someone like you with a small baby. You have enough sleepless nights as it is. But the thing is when it comes to the Home Office I hold no illusion. That bunch of robots are notorious for rejecting many (most?) applications that are just a bit out of the standard requirements. I've seen many strong applications on this forum over the past few years which unfortunately got rejected.
I didn't intend to scare you, however if you are planning on applying in-country then you have to be prepared for the fight. But as the saying goes "prepare for the worst but hope for the best".

I know what you mean. It's not personal though but most ppl here do tend to decide for you eventhough they're not working for HO. It's the way ppl say things sometimes that makes me angry. I know most ppl are talking through experience and trying to be realistic but killing someone's hope will not help them either. As you and everyone of us who have or are going through this horrible ordeal, you know it's a very emotional time of our lives esp if you don't have support from your own family. My family doesnt want to have anything to do with me as I gave birth out of wedlock. Couple of years ago, I had to deal with US embassy and despite what ppl said, i beat the odds and got my visa. Some would say I was lucky but personally i think it's how you present your case and I did it without help or any consultation from solicitor. We all know the US authorities is much worst than here in UK, atleast here we have the Europe and Human Rights. I know what a b*****ds these ppl can be but (call me naive) I'm just trying to have faith in this. There is no way in hell I would leave my baby here and trust me, I will fight!!
Tasha: Are you appealing now?

tasha75 · Post by **tasha75** » Wed Apr 30, 2008 11:24 pm

Twin wrote: You couldn't have said it better! I am a living testimony of all you've written up there!

I remember your case. Even Victoria was quite confident you'll be successful.

Chances do seem better for EU citizen partners though.

Not so sure now. They used to be but it seems that the HO is getting tough in that area as well. What worries me in farneybunny's case is the following:
Under no circumstances should a person be granted a residence card on the basis of a durable relationship if s/he is not lawfully resident in the UK at the time that the application is made.
Although a non-EEA national can be considered on the basis of Regulation 8 if s/he has provided proof that s/he is in a durable relationship we have discretion with regard to the issue of a residence card. We should not seek to exercise discretion in his/her favour in instances where the non-EEA national is not lawfully resident in the UK.

Every time I see a word "discretion" in their rules, it means to me "forget it".

tasha75 · Post by **tasha75** » Wed Apr 30, 2008 11:33 pm

farneybunny wrote: killing someone's hope will not help them either.

Agree, it is hope that drives us forward.

Tasha: Are you appealing now?

No, we won the appeal last June.

tasha75 · Post by **tasha75** » Wed Apr 30, 2008 11:43 pm

Regarding sickness insurance>
Example of the letter the HO wrote to someone applying under Chen (from their policy):

You have submitted a number of bank statements, as evidence that you are currently self sufficient. On 6 March 2005, this department wrote to your representatives requesting further evidence of self sufficiency as well as proof that you currently hold health insurance. On 8 April your representative submitted a letter from Prudential confirming that you and your parents held medical insurance.

So I don't now if the separate insurance is required because parents are not entitled to NHS treatments, or because it is a standard requirement for everyone.
Still, to be on the safe side, I would get one, at least to cover a mother and a child. It is possible to get one for about 20-30 pounds per month, which you could cancel later on.

farneybunny · Post by **farneybunny** » Thu May 01, 2008 9:49 am

Sorry I meant were you illegal when you applied for you EEA card?

farneybunny · Post by **farneybunny** » Fri May 16, 2008 11:55 am

HELPPPPPPPP...

As per submitting my EEA2 application, my partner has been made redundant by his employer which means now he is not working until the next job. Considering that we need hiom to be working to do the applicaiton,so we thought we had to put the application aside and we are thinking of applying for COA to get married now but I'm not sure if i can do that being that I am and overstayer....any advice?

Post by **Frontier Mole** » Sat May 17, 2008 2:09 am

You can apply for CoA, see link below.

http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

Points to consider - you would qualify from 3.9 of the leaflet.
Take a good look at 3.3. They are asking you to provide a fair amount of information, similar to a fiancÃ© visa application. The only difference is that they do not ask about financials.
Your baby is a consideration with this type of application.

Out of interest does your fiancÃ© have a UK passport?
Does he have an EEA residence card / certificate?

farneybunny · Post by **farneybunny** » Sat May 17, 2008 10:44 am

Out of interest does your fiancÃ© have a UK passport?
Does he have an EEA residence card / certificate?

He has an Italian passport and his whole family has been residing in UK since 15yrs ago. We are submitting his EEA card application. What worries me is that I've been told applying COA triggers removal and Im scared because of that. I dont want them to be coming to my home and pick me up

cos whats going to happen to my baby then?

Post by **Frontier Mole** » Sat May 17, 2008 12:37 pm

At worst you will be given an IS96, which will tell you to report to an immigration centre to sign in every so often. You will almost certainly get an IS151A - that tells you you are an overstayer and liable for removal. I know that sounds worse, but believe me it is not that bad. The form is required to be issued as it stops the clock for long term residency and deals with a few other technical legal issues leaving the way clear to removal. Do not sweat it.

No one is going to come round and remove you. They are not that interested in cases like yours. You are way down the scale of the immigration issues they want to deal with. They know the EEA marriage route is common and the fact that you have a baby to an EU citizen makes it impossible to remove you without a form of appeal.

Go ahead and apply - and get that lazy sod to find a job

farneybunny · Post by **farneybunny** » Sun May 18, 2008 6:49 pm

Frontier: Thanks for making it less scary. We are going to submit the COA application and hope it will be approved. I really hope you are right abt the laws... We were going to apply for EEA2 as unmarried partner but now since he lost his job, we have to bring the marriage foward and apply for COA instead. Obviously I was quite scared to apply for COA before as someone from this forum has told me that applying for COA when you overstayed triggers removal but thanks to you, I'm gaining a bit confident in applying for it. I don't care what forms they give me as long as they dont come and take me home, I'm cool with that.

Go ahead and apply - and get that lazy sod to find a job

Don't be harsh, he's a hardworking man but being in the line that he works and the recent credit crunch, his company was bought by another investment bank and he was made redudant

farneybunny · Post by **farneybunny** » Wed May 21, 2008 8:44 pm

Just wondering...say if we all go to Italy in September, will I have problems coming back in even if my baby has an Italian passport and we're already married by then? I will carry my baby, his passport and his birth certificate, will they allow me back in? Just wondering as I have read somewhere that because I have a child to a EU citizen and hopefully by then we are married (say in Italy), they cannot refuse my stay or let me in? Please correct me if this is wrong. Not that we are planning to get married in Italy as I am submitting my COA but we decided to keep it as an alternative should anything not go right .

Anyone???

farneybunny · Post by **farneybunny** » Thu May 22, 2008 11:26 am

anyone???

ribena · Post by **ribena** » Thu May 22, 2008 7:12 pm

hi farneybunny.. check ur pm.

farneybunny · Post by **farneybunny** » Fri May 23, 2008 10:48 am

i have...nothing there?

ribena · Post by **ribena** » Fri May 23, 2008 9:27 pm

resend

farneybunny · Post by **farneybunny** » Mon Jun 23, 2008 10:42 pm

poiuytredsw

farneybunny · Post by **farneybunny** » Mon Jul 07, 2008 3:22 pm

I would really apreciate any insight to this matter..

I wonder if immigration officer at stanstead will allow me back in after we came back from italy being that my son has an italian passport and we will be married by then just for 2 days before we fly off to Malaysia for good being that I have overstayed my student visa for a year? Just for the record Malaysian dont need visa to enter as tourist.

Ideas? Suggestions?

farneybunny · Post by **farneybunny** » Sun Sep 21, 2008 4:03 pm

Hi all,

Just a quick question, I'm going back to London for 1 days before we all travel to Malaysia for good on the 25th. If the custom officer asked me whether I overstayed my student visa or not what should i say? Should i admit to everything?everything?

I flew to Italy 2 weeks ago without no hassle and I guess I was quite lucky. Everyone looked at my passport and said nothing and I was let through but now I'm worried if they ask me anything when we enter London.

Oh btw, we got married here in Rome already.

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EEA2 application- unmarried partner, overstayer with a baby