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How to get married in UK- new rule since Feb 2005?

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freedom83
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Posts: 18
Joined: Tue Apr 25, 2006 7:16 pm

How to get married in UK- new rule since Feb 2005?

Post by freedom83 » Tue Apr 25, 2006 8:46 pm

Hello Everyone!
I just come across this discussion board and wonder if someone could help me.
I am an EU National from Poland , my boyfriend is from Cameroon. We have lived together for 3 years now and plan to spend our lives together. He happens to be an overstayer and is subject to immigration control.He has to sign up at the Immigration Enforcement Unit every month under the Home Office provisions.

I understand we qualify to apply for a leave to remain in the UK as unmarried partners.However , we have not put in an application to the Home Office.We plan to do so in the next few days.I was wondering if you could enlighten us on the probable answer we await after our application.What is the likely outcome of our application? Is there any advice on going about with this?

Ideally , we really should have married last year if the new Law about a Certificate of approval had not been implemented. I understand an overstayer / or anyone subject to immigration control has no chance of getting a certificate of approval.
What is the present situation after the recent ruling by Justice Silber ? Can we approach our Local registrar and announce our intention to get married without a COA? Are we still supposed to apply for a COA from the Home Office? What is the impact of this ruling and how does it affect our chances?
Here , http://news.bbc.co.uk/1/hi/uk/4894544.stm is an info about "sham marriages " revealed by Justice Silban
, but i have no idea if something has been changed at all...

Your advice would be highly appreciated.The law is really frustrating our course and we still have managed to stick together.It is making us stronger everyday. I am presently employed on a full time basis and paying taxes as a full citizen.My partner is a qualified Revenue,Sales and Marketing Consultant and is not able to work.It is a big waste and loss to the UK work force.We are not on public funds and is in no way a burden to the government.

I feel so helpless and live in fear that the love of my life may be deported ( almost happened twice but luckly was released on bail ...)
I just simply cannot live like that any more.
If anybody can help and would give me an advice what to do, i would really appreciate.
Best Regards,
Angelina
Last edited by freedom83 on Tue Apr 25, 2006 10:23 pm, edited 1 time in total.
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ppron747
inactive
Posts: 950
Joined: Wed Oct 19, 2005 6:10 pm
Location: used to be London

Post by ppron747 » Tue Apr 25, 2006 10:02 pm

The press - probably prompted by an ill-briefed Home Office Press Office - originally reported that the recent court case meant the COA rules were being suspended.
In fact this doesn't seem to be the case - what the Home Office have subsequently said (without mentioning the earlier reports) is that the COA requirement continues, but that anyone whose application would normally have been refused would have their decisions deferred.
So I think the answer is that if you qualify for a COA, you get it approved, and if you don't, you won't get your decision until they've worked out some new rules that don't breach the court's requirements.
Sorry...:(
|| paul R.I.P, January, 2007
Want a 2nd opinion? One will be along shortly....
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John
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Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Tue Apr 25, 2006 10:15 pm

freedom83 wrote:I am an EU member
What does that mean? Your nationality?

I am just wondering if the new EEA/EU regulations might help you?
John
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freedom83
Newly Registered
Posts: 18
Joined: Tue Apr 25, 2006 7:16 pm

How to get married in UK- new rule since Feb 2005?

Post by freedom83 » Tue Apr 25, 2006 10:19 pm

I am EU National from Poland...
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John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Wed Apr 26, 2006 10:37 am

From what you post it seems to me that the two of you are in a "durable relationship". Accordingly in terms of Reg. 8(5) of the new EEA Regulations, which come into force on 30th April I think he is your "family member". Reg 8(5) reads :-
A person satisfies the condition in this paragraph if the person is the partner of an EEA national (other than a civil partner) and can prove to the decision maker that he is in a durable relationship with the EEA national.
Accordingly I think he should make an application on form EEA2 in order to obtain a Residence Permit.

And you? You already have a Residence Permit in your passport? If not you should use form EEA1 in order to get that.
John
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freedom83
Newly Registered
Posts: 18
Joined: Tue Apr 25, 2006 7:16 pm

How to get married in UK- new rule since Feb 2005?

Post by freedom83 » Wed Apr 26, 2006 6:03 pm

John , thank you so much for a prompt and helpful reply!
You also calmed me down as I can see that there is a way out from our probs!
I am seeing my solicitor tomorrow and will try to send all documents asap!
Thank you again!
Kindest regards,
Angelina
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