applying on eea2 when visa has expired

[george21]

hi everyone i have recently submitted my eea2 application as the wife of an eu citizen, are there chances of my applicaton being refused on the basis of being an overstayer. My husband is excercising treaty rights as self employed. is anyone in the same position.

[Directive/2004/38/EC]

As long as it is a real and substantial marriage, then overstaying is not much of an issue.

Did you marry before or after the visa expired?

[george21]

Thanks for your reply Guru.
It was after i had overstayed, however i have been with my husband for five years, but we got married last year by marriage by proxy which took place in my country in my absence but with my family and his family present. The home office recognises such marriages. Will it be a problem because our marriage was after i had overstayed my visa.

[Directive/2004/38/EC]

In theory it should not matter. Marriage to a non-UK EU citizen is grounds to remain.

It all hinges on how real and substantial your marriage is. Do you live together? Do you have children together? Do you have a long documented past together?

[86ti]

Will it be a problem because our marriage was after i had overstayed my visa.

They could insinuate a marriage of convenience but if you can prove the history of your relationship (and 5 years should really be enough) than that should be ok.

[george21]

We have pictures of us dating back from 2004 some of it includes graduation pictures, weddings of friends we both attended about two years ago, valentine and birthday cards, also we are joint owners of a land in my country of origin, pictures of us at parties, nights out, holidays and many more. However in my culture you cant move in with a man until he performs all the necessary marriage rites, so we only started living together since October last year. What other documents will they require to prove our relationship is genuine. I am hoping they request for documetary evidence before they make a decision.

[Rozen]

I am hoping they request for documetary evidence before they make a decision.

Highly likely!