over stayer married with an EEA national

[jgomez224]

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.

[mimine30]

hi there
ithink you misunderstood the europeeen system,
i will try to put it very simple ,i dont think you will be very happy though .

oright you married to an EEA national that means you are legal,and yes an initial right for 3month is automatic now if you want to stay in the uk more than 3 months here is what do you need to do;
one absolute condition is your wife need to excercise her treaty right and proof of that meaning;-she work
-she is seeking one
-self sufficent with private medical insurance

eea1 and eea2 application form
marriage certificate
proof of living togather bills etc..
bank statments to proove either working or self sufficent
other details you will find on the form any way.

you send that file to the home office europeen applications
2to3 weeks letter you will receive a letter called COA with that you could seek employment NI it is accepted by almost everybody as an id
withing 6month you will receive residence card valid for 5 years after that you could apply for PR.
this is genraly.

so what you need to undesrtand is that you are in britain now and you need to regularise your situation ,you will have to have uk as your main resident where you and espacialy your wife excercing her treaty right.
for minimum 5 years.
they will never let you travel to germany without a valid visa in you passport and they can only grant you a residence to the uk.
you can go visite but you and your wife cant be abscent from the uk more than 6month in 1 year.
basicaly you cant have it both ways.
you cant apply for residence in the uk than go live in germany.
and the 3month rule is just a right but its not giving in any kind of visa.

if you have any further question do hesitate to contact me

[jgomez224]

yes i understand everything you have said and i already knew it. but the point is that actually we dont want to stay here in the UK, she has been more than 1 year working but now she wants to move to germany and i also want to do it, thats why we are not thinking about staying here applying for a residence card. thats the only reason i need my passport, beacuse everything what i need to bring to the german embassy is my passport my marriage certificate and my wife's passport, but i can not get the residence permit to live in germany if i dont bring my passport. but the HO doesnt want to give me my passport back.

[jgomez224]

basically the HO retained my passport when they refused my visa and they said i would get it back in the moment i book a flight to leave the country, if now i am a legal person why can i not get my passport back?

i know i could apply for EEA2 resident permit but we dont intend to stay longer than 3 months, we want to move to germany and i need my passport to get the stamp.

[mimine30]

its very tricky
from my point of view,they won,t give you back the passport unless for to travel to your home country and apply from there.
and they already told you that. i tend to agree with them as far as the uk immigration law is conserned.

nb; you wouldnt be able to apply for residence in germany if your wife is german via EEA route witch iam guessing she is
the eea route is disigned to eea national living and working anywhere eea coutry except thier own.

[jgomez224]

i was told today they could send my passport to the german embassy and wait for the german embassy to take a decision but german embassy must send it back to them. :s i hope i can deal with it because actually applying for a resident permit to stay here and then apply for my german permit or going to my home country its a waist of time and money, just because of the HO.

[smallpie]

jgo, i think wat u need to do is to apply now with yr wife to liverpool the uk RC, and hope it get returned and approved within 3-4mnths . then they send yr pssprt bck with it. then u apply for german travel certificate wit yr wife to go germany. but apart frm that, HO will not return yr pspport. am in the same position as u, they retain my passport coz my RC application was refused and my wrk permit on it expired, so av re-applied for RC with my eu-partner wit the requested and recent valid docs and just prayin it get approved and sent bck wit my passport..

[sjimoh112]

Why don't you apply for another passport from your embassy and send it to the german embassy with your eea app? Perhaps you can save yourself all this stress.

[jgomez224]

because i am not sure i can apply for a new passport, if its possible i will do it immediately, i dont want to try to deal anything with the HO. its a good option but i have to sure i can do it.

[Emilia_rom]

Hi There,
I am in the same boat as well, my passport is with HO and now me and my partner who is EU citizen wants to get merraid, but my question to you is how do i get register or marraid whiout my passport? as the register office is requiring my passport which is with HO?

Can you please tell me how did you do register without your passport?

Regards,