Post
by jgomez224 » Mon Apr 04, 2011 2:04 pm
hi guys, i am an overstayer because my student visa was refused, in the moment I received the notification from the HO saying i had to leave the country because my visa was refused i was a applying for a COA, my passport was retained by the home office according to my status and i was told is i that i had to leave the country and they will send my passport to the airport. with my wife we decided that we will wait to get the answer for the COA application, 5 months later i received the COA and then we run to the register office to get married before the HO would try to remove me.
the letter i got from the home office said after i got married i have an initial right to reside in the UK under EC law for 3 months. here is my first question, am a legal person in the uk being married with a EEA national? why am i asking this even the letter says i have an initial right and also in the ukba webpage says "You do not need to obtain documents confirming your right of residence in the UK if you are a family member of an EEA national", its because i want to get my passport back and then decide if we are gonna stay in the UK or we are gonna move to germany. and in case we want to move to germany i need my passport to bring it to the german embassy.
in base on what i already wrote i went to the place where i had to go every to 2 months to report myself there to ask how to get my passport back and then decide what we want to do, also because i want to apply to study and i need to use my passport as my ID to make the english test. what they said in that office is that they can not give me my passport back because of the overstayer stuff and only when i am leaving the country they would, but if i am legally married and i have a letter from the home office saying i have right to stay here and if i want to apply for a resident permit i can do it if i want to stay more than 3 months, the thing is that i dont want to stay we want to move to germany, and i just need my passport back. if some body can give me any advice i will appreciate it.