illegal in UK, now married with EU citizen working the UK

sshah20 · Post by **sshah20** » Tue Apr 19, 2011 7:28 pm

hi all,

a friend of mine came to the UK on visit visa 10 years ago which was valid for 6 months. he overstayed and 2 years ago he married with a polish girl working in the UK. he has one daughter now. my questions,

1. how can he legalise him self in the UK?
2. if just in case police catch him on working here in the UK, can they deport him?

waiting for answers.

Post by **Directive/2004/38/EC** » Wed Apr 20, 2011 8:58 pm

If they have a real and ongoing marriage and the EU citizen spouse is working, then your friend has a right to be in the UK.

Your friend can, but is not required to, apply for a Residence Card. The card confirms their right to work and travel freely in the UK.

Note this is the forum for other Eu countries. There is a special category for family members of EEA citizens called EEA-route Applications

sshah20 · Post by **sshah20** » Sat Apr 23, 2011 9:00 am

hi Guru,

thanks you very much for your prompt reply. his marriage is real but he has not yet registered it with home office. he has one daughter now. could you please tell me about the procedure?

how he will apply for residence card?
he is not in possession of valid passport.

regards,

shah

Post by **Directive/2004/38/EC** » Sat Apr 23, 2011 12:19 pm

You friend first needs to get a passport. And then should apply for a Residence Card using the procedure at http://www.ukba.homeoffice.gov.uk/eucit ... ts-family/

sshah20 · Post by **sshah20** » Sun Apr 24, 2011 4:34 pm

dear Guru,

as you know my friend has no legal status in the UK. he tried to make passport but embassy said that if you dont have status in the UK then you are not eligible for passport and tell him that we can arrange your safe journey to you home country.

cant he apply for the residence card without passport?

Post by **Directive/2004/38/EC** » Mon Apr 25, 2011 4:50 am

Your friend, if he is married to an EU citizen who is working in the UK, does have legal status in the UK. The residence card is, as the UKBA says, optional.

What citizenship does he have? Why did they say they would not issue the passport?

sshah20 · Post by **sshah20** » Mon Apr 25, 2011 9:02 am

he is Pakistani national. he came to the UK as a visitor 10 years ago and has now no legal status here means he is an over stayer. embassy said that if you dont have legal status i mean visa then its not possible to make passport. they told him the only thing we can do is to help you to send you back to your home country.

Post by **Directive/2004/38/EC** » Mon Apr 25, 2011 12:21 pm

From what you described, your friend is already legally resident in the UK. He will need to work on the Pakistani embassy until they understand. I would suggest he contact http://ec.europa.eu/citizensrights/fron ... dex_en.htm for an opinion and then take it with him to the embassy.

Has your friend ever had a passport?

It is shameful that countries will not issue passports to their own citizens!

sshah20 · Post by **sshah20** » Mon Apr 25, 2011 5:09 pm

you said that my friend is legal resident in the UK. how is he legally here?
as you know he entered UK on visit visa which was valid for 6 months about 10 years ago and is still here without any visa.

yes he has his old 10 years passport.i went with him to the embassy and i explained them that he is married with Polish girl and now has one daughter as well but they refused his passport and said that you are illegal in the UK and therefore we cant make passport for you. they said first you need to apply for residence card then we will make passport.

please guide me as i really want to help him because his mother is sick in Pakistan and he want to go back for sometime.

boloney · Post by **boloney** » Mon Apr 25, 2011 5:32 pm

sshah20 wrote:you said that my friend is legal resident in the UK. how is he legally here?
as you know he entered UK on visit visa which was valid for 6 months about 10 years ago and is still here without any visa.

yes he has his old 10 years passport.i went with him to the embassy and i explained them that he is married with Polish girl and now has one daughter as well but they refused his passport and said that you are illegal in the UK and therefore we cant make passport for you. they said first you need to apply for residence card then we will make passport.

please guide me as i really want to help him because his mother is sick in Pakistan and he want to go back for sometime.

did he tried explain to HO that the only passport he have is expired one, and the embassy don`t wan`t issue new one to he get residence permit?
maybe try this way, they maybe help him?

sjimoh112 · Post by **sjimoh112** » Mon Apr 25, 2011 6:40 pm

He should apply for residence card without a passport and put into writing why he can't provide a passport together with he rc app.

Although it's likely to be rejected, but the will send him a letter saying the reason why his app was rejected and request he gets a passport and re-apply.

Hopefully the letter should be enough if it turns out that way.

Post by **Directive/2004/38/EC** » Tue Apr 26, 2011 4:10 pm

I think there are a couple of options.

(1) Try to get the reason for the passport refusal in writing. Best if the Pakistan embassy wrote a letter which says "We will not issue XYZ a passport because we have not seen evidence that XYZ is legally resident in the UK".

(2) Apply for a Residence Card, indicating in a cover letter that (a) you are married to an EU citizen working in the UK and have a child with them and that (b) the Pakistan embassy refuses to issue you a new passport (copy of letter enclosed)

(3) If the Residence Card application is rejected, then apply for a UKBA issued Certificate of travel ( http://www.ukba.homeoffice.gov.uk/while ... eoftravel/ ). You will need to include a letter that states that (a) you are married to an EU citizen working in the UK and have a child with them and that (b) the Pakistan embassy refuses to issue you a new passport (copy of letter enclosed). When you get that, you can then apply again for the Residence Card in (2)

(4) When you have the Residence Card, then apply again for a passport

mastermind · Post by **mastermind** » Wed Apr 27, 2011 12:31 pm

sshah20 wrote:you said that my friend is legal resident in the UK. how is he legally here?
as you know he entered UK on visit visa which was valid for 6 months about 10 years ago and is still here without any visa.

He is legal by virtue of marriage with an EU national. His right to stay in the country is conferred directly on him by EU treaty rather than any papers issued by Home Office.
Read this document for details: http://ec.europa.eu/justice/policies/ci ... _ec_en.pdf

Post by **Greenie** » Wed Apr 27, 2011 12:59 pm

Directive/2004/38/EC wrote:I think there are a couple of options.

(1) Try to get the reason for the passport refusal in writing. Best if the Pakistan embassy wrote a letter which says "We will not issue XYZ a passport because we have not seen evidence that XYZ is legally resident in the UK".

(2) Apply for a Residence Card, indicating in a cover letter that (a) you are married to an EU citizen working in the UK and have a child with them and that (b) the Pakistan embassy refuses to issue you a new passport (copy of letter enclosed)

(3) If the Residence Card application is rejected, then apply for a UKBA issued Certificate of travel ( http://www.ukba.homeoffice.gov.uk/while ... eoftravel/ ). You will need to include a letter that states that (a) you are married to an EU citizen working in the UK and have a child with them and that (b) the Pakistan embassy refuses to issue you a new passport (copy of letter enclosed). When you get that, you can then apply again for the Residence Card in (2)

(4) When you have the Residence Card, then apply again for a passport

You can only get a Certificate of Travel from the UKBA if you have been granted ILR, Humanitarian Protection or Discretionary Leave following refusal of an asylum claim. This peson has no leave in the UK so does not qualify for a certificate of travel.

http://www.ukba.homeoffice.gov.uk/while ... qualifies/

Post by **Directive/2004/38/EC** » Wed Apr 27, 2011 3:05 pm

Greenie wrote:You can only get a Certificate of Travel from the UKBA if you have been granted ILR, Humanitarian Protection or Discretionary Leave following refusal of an asylum claim. This peson has no leave in the UK so does not qualify for a certificate of travel.

http://www.ukba.homeoffice.gov.uk/while ... qualifies/

In reading in more detail, I agree it says that. I might still apply for it though, as it might make the people from that section and the European casework section talk with each other. (I am an optimist!).

Post by **Greenie** » Wed Apr 27, 2011 3:26 pm

Directive/2004/38/EC wrote:
Greenie wrote:You can only get a Certificate of Travel from the UKBA if you have been granted ILR, Humanitarian Protection or Discretionary Leave following refusal of an asylum claim. This peson has no leave in the UK so does not qualify for a certificate of travel.

http://www.ukba.homeoffice.gov.uk/while ... qualifies/
In reading in more detail, I agree it says that. I might still apply for it though, as it might make the people from that section and the European casework section talk with each other. (I am an optimist!).

He won't get it. It's a waste of Â£238 which we won't get back. He is better off relying on his expired passport.

sshah20 · Post by **sshah20** » Wed Apr 27, 2011 6:31 pm

thanks a lot for your replies, but still i did not get the right answers. anyway i will try and to contact the embassy for him again. and will try to sort out passport issue. if just in case embassy agrees on passport then next step is residence card i think. my question is if he get a valid passport, and apply for residence card, will he get it or not?

regards,

shah

Post by **Directive/2004/38/EC** » Wed Apr 27, 2011 6:47 pm

Why are you contacting the embassy for him? May be better for him to do it.

Once you get the refusal in writing, then apply for the Residence Card. Are there any reasons you might expect the Residence Card to be turned down if he applied with a passport, or are you just wondering? It can be turned down on national security grounds (e.g. applicant is a terrorist), or on BIG public policy ground (e.g. applicant is a mass murderer who has just been released from prison) or on public health (typically applicant has a WHO listed contagious disease like Ebola).

If they turn him down for a Residence Card, he should contact Solvit for their help.

sshah20 · Post by **sshah20** » Wed Apr 27, 2011 8:40 pm

to guru,

actually i don't know much about residence card. i know things about HSMP and ILR but EEA route is totally new for me. that is why i ask many questions. now its clear that he can apply for residence card without passport. could you please list what supporting documents he need to send to the home office?
he has not yet register his marriage with home office. he married her according to Islamic laws.

is certificate of approval is necessary before applying for residence card?
regards,

shah

Post by **Directive/2004/38/EC** » Wed Apr 27, 2011 8:52 pm

sshah20 wrote:actually i don't know much about residence card. i know things about HSMP and ILR but EEA route is totally new for me. that is why i ask many questions. now its clear that he can apply for residence card without passport. could you please list what supporting documents he need to send to the home office?

he has not yet register his marriage with home office. he married her according to Islamic laws.

is certificate of approval is necessary before applying for residence card?
regards,

Were was your friend married? I do not know whether an Islamic wedding is enough in this case.

What "certificate of approval" do you mean? For getting married in the UK?

sshah20 · Post by **sshah20** » Fri Apr 29, 2011 7:48 am

could you please just tell me what supporting documents he need to submit to the home office for residence card?

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illegal in UK, now married with EU citizen working the UK

illegal in UK, now married with EU citizen working the UK