EU national marrying Non EU after removal, please advise

[Nerila]

I am EU national living in UK for 5 years. I have a boyfriend from Nigeria who recently had been sent back since he overstayed his visa for 1 year. We have been going out since July, so it's not a long period of time, but we were thinking to get married before he even left. What are the opportunities and possibilities to get him back to UK and live together?

We are thinking to get married in Nigeria and then apply for EEA2 spouse permit in UK since I am exercising my EU free movement right? However, would the fact that he was sent back be a ground to refuse the application?

How should we go about it? What would be the easiest and least painful way to sort it out? What documents would we need to provide and how long it might take??

Thank you so much in advance for your responses. Much appreciated!!

[noble72uk]

Hi

1st You can complain: If on that time of deportation he was your (Partner) how come the HO deported him its against the Law.

If you want just make it easier for your self get married and as long as you are under treaty Right he can apply and will be granted don’t for get you need to provide all your documents not his because you are the EEA member mean the sponsor:

Your Documents
-Marriage certificate
-Work statement that you are currently working in the UK
-A few pay slips if you have even the last 6 months will be perfect.
-Tenancy agreement and some utility bills if you have some

All the best

[Nerila]

Thank you so much for your reply! Really much appreciated! That encourages me not to give up!

Couple more questions:

1. I am renting a flat with someone at the moment, but the tenancy agreement is in my friend's name. However, I have utility bills in my name. Would that be sufficient? Or should I ask to change tenancy agreement to reflect that I am also renting the property?

2. Do they check bank statements? Does it matter how much I am earing at the moment or if I have any savings?

3. Would I need to enter UK with him together upon his arrival back?

Thanks once again!!

[El shaddai]

Make sure the tenancy agreement is in your own name and the utility bills as well and definitely you will need to prove your earning and try to have some reasonable amount of money in your bank account.
it is not neccessary you both come back together but he will surely come back if you can supply all the requirements. Good luck

Never Give Up, No matter How bad or Worst Is Your Situations,there will be a Way out.

[/quote]

[Nerila]

Thank you for the answer.

Where do I file all the documents if we get married in Nigeria? Do I file them in UK? Or I can file them in Nigeria?

How long all the process might take?

Thank you once again!

[noble72uk]

Thank you for the answer.

Where do I file all the documents if we get married in Nigeria? Do I file them in UK? Or I can file them in Nigeria?

How long all the process might take?

Thank you once again!

Hi
See is better to not give the home office a chance to reject your ‘s application
1- is good to prove that you have a property where you live even if is sharing if you can get your name on that tenancy will be helpful for you. Plus utility bills power or gas ….

2- You are applying under directive 2004/38/EC Mean: Treaty right, if you are Working you do not have to show that you have the saving or not. The bank statement are for people who apply under self sufficient to show that they are qualify.
-But if you have some bank statement of course is better to supply as well.

3- No you don’t have to enter with him, he can come along and of course he needs to expect to have a wee chat with the Officer at the port, but will be better if you enter together.

-The application to come to the UK must be: The British consulate in Nigeria

-The time process very fast

-And while he’s in the UK apply for the EEA 2 . he will be granted 5 years residence card for a family member of an EEA
-Time process max 6 months and could be less

Good luck

[Tahir Bashir]

Hi

1st You can complain: If on that time of deportation he was your (Partner) how come the HO deported him its against the Law.

If you want just make it easier for your self get married and as long as you are under treaty Right he can apply and will be granted don’t for get you need to provide all your documents not his because you are the EEA member mean the sponsor:

Your Documents
-Marriage certificate
-Work statement that you are currently working in the UK
-A few pay slips if you have even the last 6 months will be perfect.
-Tenancy agreement and some utility bills if you have some

All the best

There is no basis of complain that he has been deported. Yes a partner of EU can be deported. What is the term 'partner'? It is not that simple.

Not true that he doesn't need to provide anything. He needs a valid passport, and be ready to prove their relationship is genuine if questioned (yes even after they have married).

She needs to provide Tenancy Agreement? What for? There is no such a requirement. Similarly I don't understand why she needs utility bills.

She does not have to work, she could be self-employed or student.

[Nerila]

Thank you all for your comments and answers. This is really helpful.

[fysicus]

Don't be too optimistic. The application will be viewed with a lot of suspicion, even though it is clear that Nerila is genuinely exercising Treaty Rights

- you write you've been going out with him since July (that is less than six months ago and you apparently don't live together); so that is nowhere near what could be viewed as a durable relationship
- he was recently deported, and then all of a sudden he comes back as spouse of an EEA national. If I were the Home Office I would shout immediately marriage of convenience, and the chances are that the Asylum and Immigration Tribunal (where you would have to appeal in case of rejection) would accept that if you have nothing more to support your relationship than going out for a few months.

[86ti]

She needs to provide Tenancy Agreement? What for? There is no such a requirement. Similarly I don't understand why she needs utility bills.

There is, however, the requirement for the EEA national to prove residence in the member state so those documents might be necessary, depending on the circumstances.

I do agree with fysicus that a marriage of convenience can easily be insinuated in this case.

[Nerila]

Thanks once again for the comments, good or bad. I have to be realistic, so I appreciate the raised issues that need to be taken into consideration.

To get the documents for me or him would not be a problem.

What kind of proof does HO need to prove the relationship is genuine? We would have pictures, telephone bills, e-mails, letters from friends on both sides, confirming we have been going out all this while and have been serious about our relationship.

[noble72uk]

Hi

1st You can complain: If on that time of deportation he was your (Partner) how come the HO deported him its against the Law.

If you want just make it easier for your self get married and as long as you are under treaty Right he can apply and will be granted don’t for get you need to provide all your documents not his because you are the EEA member mean the sponsor:

Your Documents
-Marriage certificate
-Work statement that you are currently working in the UK
-A few pay slips if you have even the last 6 months will be perfect.
-Tenancy agreement and some utility bills if you have some

All the best

There is no basis of complain that he has been deported. Yes a partner of EU can be deported. What is the term 'partner'? It is not that simple.

Not true that he doesn't need to provide anything. He needs a valid passport, and be ready to prove their relationship is genuine if questioned (yes even after they have married).

She needs to provide Tenancy Agreement? What for? There is no such a requirement. Similarly I don't understand why she needs utility bills.

She does not have to work, she could be self-employed or student.

please read carefully what I wrote , I think that you have missed a lot of things.
OF course he needs a passport to apply,
Plus she needs to prove that she reside in the UK: tenancy is better because it’s approved by the council + utility bills to support the application,
She already said that she's working in the UK, a partner of An EEA under no circumstances will be deported except if he/she commit a ‘’’’crime’’’’ .

I have advised to prove a strong relation ship= Marriage.

Thank you
if you have any comment you are very welcome


regards

[86ti]

All these documents may be useful but you can't deny the fact that he has started dating you only after he has overstayed his leave.

[noble72uk]

Thanks once again for the comments, good or bad. I have to be realistic, so I appreciate the raised issues that need to be taken into consideration.

To get the documents for me or him would not be a problem.

What kind of proof does HO need to prove the relationship is genuine? We would have pictures, telephone bills, e-mails, letters from friends on both sides, confirming we have been going out all this while and have been serious about our relationship.

Hi


I’m sure the HO always focus on telephone bills but if you have more evidence, is better to submit all what you have to support the application.
I know some people who made a couple of trips to join the partner before the Marriage, only to show (prove) to the HO that the relation is genuine

Regards