EEa family permit for ghanaian husband please help

[Estera]

hi guys
Im glad i found that forum as I need urgent help and advice.Im living in the UK since 3 years Im polish national.I recently got married in Ghana to my husband ho is ghanaian national he overstayed visa -student since 2003 in the UK,
He wasnt deported just one day finally at his work checked the papers and they just asked him to leave so we decided to sort things out go to Ghana and get married.All that years since his visa was expired he worked legally even his staus was illegal.
We are together since 3 years and he is like dad to my 11 years old brother as my mom died and im guradian to him and bring him up.
My question is it will affect his application that he overstayed that visa here in UK even he wasnt deported or removed from the country, he just left by his own descision a moth ago.?
Currently his in Ghana and he will apply for EEa family permit i preaperd all the documents like payslips bank statemns spouse letter my work contract etc is there anything else we do need in order to process his application?
I work here full time and live in property 2 bedroom rented thorugh estate agent.Im wondering if it is enough to prooff that im tied to UK,as well as my brother is schooling here and im still on part time college

please guys any advice will be appreciated as at the moment im so stressed i dnt what to do:(

[86ti]

The ECO may insinuate a marriage of convenience. Since you have been together for 3 years already you should also provide proof with the application.

[Obie]

Please see this post.

I don't think they will suspect marriage of convenience. You could also get your brother to write a statement on how much he has contributed to his life, which will be further evidence that you had lived together. Bills or evidence that you were living in the same household before he went to Ghana will also be useful.

Perhaps he should have just applied for resident card in the UK, rather than going to Ghana.

Also see this Guide on marriages of convenience and ensure that all the areas that could probably lead to suspicion are addressed

[charles4u]

Please see this post.

I don't think they will suspect marriage of convenience. You could also get your brother to write a statement on how much he has contributed to his life, which will be further evidence that you had lived together. Bills or evidence that you were living in the same household before he went to Ghana will also be useful.

Perhaps he should have just applied for resident card in the UK, rather than going to Ghana.

Also see this Guide on marriages of convenience and ensure that all the areas that could probably lead to suspicion are addressed

I doubt they will issue him the visa, they will give the excuse he has previously overstayed in UK. But MIRACLES do happen.

He should have applied directly from UK, with all the documents.

[Estera]

thank u Obie for ur response my brother just wrote a letter about my husband being like dad to him..anyway I ve read a lot a bout EEA cases and he passed border volountarily without removing or deporting or using public pounds so considering the law he wnt get a bann cos he overstayed so they cant used as refusal condition also Im working and what read it says i qualify to treaty rights i dnt knw if it is the proper form>?should i as well attach deatails of ppl from uk from work where we worked together as well previously as proof of our relationship?thanks so much for ur help

[Obie]

Provide anything you can find, bills in your names, correspondents that used to come to your house for him when he was there, letters from religious organisation that knows the two of you. Even letters from your employers and colleagues. Anything will help. Even photos of you two together.

They love to use marriage of convenience as a basis for refusal. Aparantly that is the only basis that gives their refusal any legality. I know few people who encountered some difficulties dealing with the BHC in Ghana. I wish you all the best. Hopefully you will both succeed.

[abidjan1]

hi Estera

From my point of view due to the fact that your an EU national he has 99% chances to be granted a visa. its more complicated if you were Uk national.
All you need is strong evidence that your relationship is genuine. before you start with his apllication make sure you fill application EEA1 in order for you to have your uk residency card it will greatly help.
this can be done in person at the PEO in croydon.
basicly your evidences should be

marriage certificate
your residence card
payslip
work contract
bank statement
tenancy agreement
a sponsor letter where you will have an opportunity to speak to the immigration officer.

on top all over proof to show relation is genuine
one golden rule your partner has to tell the truth about his Uk stay the fact that he been here as an overstayer

good luck strengh and determination from both of you will be tested.