marriage to eeanation in uk

[biaka]

Hello,

I am non eu national and have overstaid my visa for 7 years thus illegaly in uk. I am about to have merriage here in uk, my fiance is from eu, who lived and worked in uk for almost 2 years.

what i would like to know is:

1. what kind of visa i will need to apply for?
2. is it possible to apply without leaving uk or i will have to go back to my country and apply from there?
3. what documents will i need to provide and what will i need to proof?
4. is it nesessary to hire a solicitor or i can do it my self?

i done some research on ukba site but couldn't find anything regarding overstaid.

thanks in advance
best regards

[Kitty]

If overstaying is the only offence you have committed, then apply for a Residence Card from inside the UK as soon as you are married, using form EEA2.

What nationality is your EEA partner?

How long have you been together?

Are they exercising treaty rights in the UK? (working, studying etc.)

Be aware that Register Office staff may call the UKBA if they suspect a sham marriage: if you are marrying in a Register Office, have you made the appointment for the ceremony yet?

[imraniqbal2010]

Hello,

I am non eu national and have overstaid my visa for 7 years thus illegaly in uk. I am about to have merriage here in uk, my fiance is from eu, who lived and worked in uk for almost 2 years.

what i would like to know is:

1. what kind of visa i will need to apply for?
2. is it possible to apply without leaving uk or i will have to go back to my country and apply from there?
3. what documents will i need to provide and what will i need to proof?
4. is it nesessary to hire a solicitor or i can do it my self?

i done some research on ukba site but couldn't find anything regarding overstaid.

thanks in advance
best regards

Firstly, you can apply for visa without leaving uk once you are married.
But now a days Registrar at register office work with ukba and it's part of their job now to inform ukba if any over-stayer is getting married in UK.So chances are then ukba officers could raid on the day of cermony to stop marriage.Even you are in genuione relation they can stop the cermony if you are illegal.This is just the one horrible scene which could happen.Or you might be lucky & they dont give you a surprise visit.
But if you go back home and get married with your Girl friend over there then it's cent percent that you will get it.

[biaka]

If overstaying is the only offence you have committed, then apply for a Residence Card from inside the UK as soon as you are married, using form EEA2.

What nationality is your EEA partner?

How long have you been together?

Are they exercising treaty rights in the UK? (working, studying etc.)

Be aware that Register Office staff may call the UKBA if they suspect a sham marriage: if you are marrying in a Register Office, have you made the appointment for the ceremony yet?

thanks for replies.
Yes,this is the only crime, no criminal records, never been t police station, been paying tax all those years,have proof of that.

we have been together a bit less than two years, she is slovakian, been working here, we already had that legal appoiitment and the ceremony day is due in september.

[biaka]

Firstly, you can apply for visa without leaving uk once you are married.
But now a days Registrar at register office work with ukba and it's part of their job now to inform ukba if any over-stayer is getting married in UK.So chances are then ukba officers could raid on the day of cermony to stop marriage.Even you are in genuione relation they can stop the cermony if you are illegal.This is just the one horrible scene which could happen.Or you might be lucky & they dont give you a surprise visit.
But if you go back home and get married with your Girl friend over there then it's cent percent that you will get it.

This is my biggest fear wtat they will join us at the ceremony, reading about such visits on ukba site every so often, have no choice but risk.

[biaka]

Do i need to hire solicitor to do all my paper work, or i will be able to do it my self?

thanks in advance.

[imraniqbal2010]

Do i need to hire solicitor to do all my paper work, or i will be able to do it my self?

thanks in advance.

Paper-work is not a big problem you can do it yourself as well but currently your main concern should be the marriage.
Or you can apply as a non-married partner as well if you have been living together in a relationship for two years.

[biaka]

Any advice what to do before merriage, i can see in signature u been going through same thing not long ago,so you should know more aqbout it.

thanks

[imraniqbal2010]

Any advice what to do before merriage, i can see in signature u been going through same thing not long ago,so you should know more aqbout it.

thanks

Luckily, I was not in the same situation as you.
My Tier 1 application was in process and was waiting for call letter from ukba.

[biaka]

Seems it most defenitly i will have unwanted guests there, i will make sure i've got all my stuff packed befor the day.
Where did you get merried, i mean in which town or city?
My wedding will be in small town , hope thet will play on my behalf.

Thanks

[imraniqbal2010]

Seems it most defenitly i will have unwanted guests there, i will make sure i've got all my stuff packed befor the day.
Where did you get merried, i mean in which town or city?
My wedding will be in small town , hope thet will play on my behalf.

Thanks

Did u tell that town to registrar, yes U did.so obeviously they will know.mine was in brent council.
But still hope for the best.It will be good

[biaka]

Thanks for support and info,
I am hoping for the best, but getting ready for the worst.

[Kitty]

How long have you actually been living together?

THe 2-year rule is not absolute: it's a guideline.

It may be worth submitting an application for a Residence Card now, based on a durable relationship, and then submitting your marriage certificate to "upgrade" to a family-member application after the wedding.

[biaka]

How long have you actually been living together?

THe 2-year rule is not absolute: it's a guideline.

It may be worth submitting an application for a Residence Card now, based on a durable relationship, and then submitting your marriage certificate to "upgrade" to a family-member application after the wedding.

Hi, i have met my fiance 1year 10 months ago, after couple of months we got together, but i moved in with her about 10 months ago thus only since than we have same adress if this is important. How do i proof how long we have been together?

do you still think it worth a shot?
how long does it takes for them to decide, after i applied for Residence Card?

Thanks in advance.

iIt kind of sigh of another hope>

[Kitty]

I suggest it really in order to give you some peace of mind on your wedding day. If you have an application under consideration then the UKBA should not be able to remove you.

If you have only been living together for only 10 months, then you would usually expect to be refused a Residence Card as a durable partner. However, if you have set a wedding date and are living together, then I think it's arguable that your relationship is already "akin to marriage", so it's not an entirely frivolous application.

It seems to be taking around 4 months for RC applications to be decided at the moment. BY submitting your marriage certificate once you are married, you should be able to vary your application to be considered as the family member of an EEA national and receive the card on that basis.

Remember that as soon as you are married to an EEA national, and provided they are exercising treaty rights, you are legally in the UK. The Residence Card does not confer that status: it simply confirms it.

[biaka]

I suggest it really in order to give you some peace of mind on your wedding day. If you have an application under consideration then the UKBA should not be able to remove you.

If you have only been living together for only 10 months, then you would usually expect to be refused a Residence Card as a durable partner. However, if you have set a wedding date and are living together, then I think it's arguable that your relationship is already "akin to marriage", so it's not an entirely frivolous application.

It seems to be taking around 4 months for RC applications to be decided at the moment. BY submitting your marriage certificate once you are married, you should be able to vary your application to be considered as the family member of an EEA national and receive the card on that basis.

Remember that as soon as you are married to an EEA national, and provided they are exercising treaty rights, you are legally in the UK. The Residence Card does not confer that status: it simply confirms it.

This is actually what i was thinking today afte i read ypur previous post. What worrying me is won't they do a " quick " decision on my application for RC just to "get rid" of me?
Also what can be used as evidence of relationship?

Thanks.

[joshuaaubin]

Any advice what to do before merriage, i can see in signature u been going through same thing not long ago,so you should know more aqbout it.

thanks

Luckily, I was not in the same situation as you.
My Tier 1 application was on appeal when I got married but on the day of marriage still I had un-invited guests(ukba).But as i was not illegal and our relation was genuine so they could not do anything.
Your situation is entirely different than me.

This is what i was talking about? Let not be the Judge, i like your advice here but in the other page i dont, UKBA is not a friend to any non eea, there job is to look for where to fail you not to grant you, all we pray for is to find a new life were we chose to live with rest of mind. when i got married they never came because i applied for a COA but now they are fighting with me because of my former solicitor reaction with them.

[imraniqbal2010]

Any advice what to do before merriage, i can see in signature u been going through same thing not long ago,so you should know more aqbout it.

thanks

Luckily, I was not in the same situation as you.
My Tier 1 application was on appeal when I got married but on the day of marriage still I had un-invited guests(ukba).But as i was not illegal and our relation was genuine so they could not do anything.
Your situation is entirely different than here but in the other page i dont, UKBA is not a friend to any non eea, there job is to look for where to fail you not to grant you, all we pray for is to find a new life welive with rest of mind. when i got married they never came because now they are fighting with me because of my former solicitor reaction with them.

I was on appeal means that i had won the appeal but was waiting for call letter from ukba.Which i received at a later date.But it does not mean i was illegal

[Qman]

You need to apply as an unmarried partner, that gives you a certain level of legality while it is being considered. A covering letter might be required stating that you are in love, planning to get married and are in a genuine, committed relationship that goes back 2 yrs. You could probably get married before they even reply.

But as you are now, you have no legal status.

Good luck

[nonspecifics]

Why don't you consider voluntarily leaving the country, instead of breaking the law. Then you don't need to worry about being arrested by UKBA for your illegal activities.

You can make a clean start.

You can marry in your own country, so your family can share in the joy of you finding a wife.

Then your spouse should be legally able bring you with her to the UK using an EEA Family Permit.

Then you can relax and enjoy your new life, with a clean conscience, not living as a fugitive.

[joshuaaubin]

As far as i know, anyone can say anything here, anyone on appeal is not illegal in the country, i was on my asylum case appeal too when i got married i was not illegal and i came to the country legally with a visa and apply for asylum 4months before my visa expire and my case was on appeal before i got married, when i got married i withdraw the asylum appeal case bcus i prefair the eea rout. Its no different, anyone on appeal is not illegal and that those not mean you won appeal.

[Kitty]

As far as i know, anyone can say anything here, anyone on appeal is not illegal in the country...

joshuaaubin, that's not the case.

In cases under the Immigration Rules, a person is legally in the UK during the appeal process only if they made an application for leave to remain while their old leave was still valid. The OP is an overstayer.

Under the EEA system, a "family member" is legally in the UK for as long as their EEA national family member is exercising treaty rights, and whether or not they have a Residence Card.

However, the OP is not married to their EEA partner yet. This means that they are not considered a "family member": they only get that status once they have successfully applied for a Residence Card on the basis of their durable relationship OR they get married.

In practical terms, if they have an applicaiton under consideration, then they will probably not be removed. But that is different from having legal status here.

Unless they have some existing leave, they're not legal.

[toni34]

biaka,if you can show concrete proof that you have known her for one year ten months,then summit your unmarried partners application exactly 2 weeks before ur wedding date,you wont be visited because you overstayed, except they r suspecting scam

[joshuaaubin]

Actually i wasnt responding to the OP, it was someone who say he was under appeal when he got married were he no more have leave in the country but claim he was not illegal, at the same time he said his appeal has beeen granted and was still under appeal at the same time which i think he was wrong to call himself legal and start judging people on this forum. You may have no right to stay in the country but when under appeal the HO are harmless that was my point. Under EU law, marriage to an eea exercising treaty right gave right to residency, it is not leave to remain and should not be compare to leavee to remain. That is the advantage the eu law have over national law. Actually i wasnt responding to the OP, it was someone who say he was under appeal when he got married were he no more have leave in the country but claim he was not illegal, at the same time he said his appeal has beeen granted and was still under appeal at the same time which i think he was wrong to call himself legal and start judging people on this forum. You may have no right to stay in the country but when under appeal the HO are harmless that was my point. Under EU law, marriage to an eea exercising treaty right gave right to residency, it is not leave to remain and should not be compare to leavee to remain. That is the advantage the eu law have over national law.

[biaka]

Hello, i have been consulting with two different solicitors today, and told them about plan to apply fo RC on the basis of our relationshop, both of them said to me that it is not nessesary, and that even if UKBA will come to see us on merriage day it just to mmake sure that our relationship genuine. One of them said that if i will sign conyract with them( solicitors firm), he will give me, as i understood , some kind of covering letter that should help me avoid arest and removal. The other one said that if UKBA will come they wouldn't arest me , but if they would i must call him and he will get me out.
I'm just confused.