ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Overstayer Marriage

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

psuch2
Junior Member
Posts: 84
Joined: Mon May 07, 2012 12:48 am
Brazil

Post by psuch2 » Mon May 07, 2012 7:33 pm

No they haven't made any comment on that, but i do suspect they are behind the cops visiting me a week later. I honestly don't know how you being British could affect it. Maybe someone with more expertise in the forum could help?
No Matter How Long Winter Is, There's Always Spring Time Ahead

raf31
Newly Registered
Posts: 6
Joined: Sun May 06, 2012 9:52 pm

Post by raf31 » Mon May 07, 2012 8:11 pm

To be honest I'm just very confused right now and I don't want anything going wrong. He's visa run out sometime in 2008 and that's what really has me worried. All we want to do is just get married.

psuch2
Junior Member
Posts: 84
Joined: Mon May 07, 2012 12:48 am
Brazil

Post by psuch2 » Mon May 07, 2012 11:26 pm

I know how you feel, we here felt the same way, I guess you have to be prepared for the worst case scenario, we were. You are allowed to marry regardless of his immigration status they cant deny it, and I sure if it comes to it you have been together long enough to prove its not a sham marriage. The whole process was very nerve wracking for us, you just have to focus, and be prepared for the worst always.
No Matter How Long Winter Is, There's Always Spring Time Ahead

bluecole2
- thin ice -
Posts: 164
Joined: Tue Jan 18, 2011 12:55 am

Post by bluecole2 » Mon May 07, 2012 11:48 pm

I'm glad for you and happy you found this forum and you'd not wasted 2grand on a solicitor.

I suppose being arrested is part of ukba formalities because you was an over stayer. I went through similar situation but in my case I was arrested, served papers IS96 and asked to report to them weekly even after marriage and for almost 2 years until my rc was issued.

Like others and IO had said, you shouldn't worry. Luckily for you coa for marriage had be abolised and didn't have to go through the stress I and others went through. I did gave up on the CoA after a year waiting and already made plans to marry in Nigeria but it did came back with the documents requested. It's a long story really

Anyway, congratulations on your marriage, I wish you all the best. You can be rest assured that this is over now. No more hiding. Spread your wings and fly :) as you wish

bluecole2
- thin ice -
Posts: 164
Joined: Tue Jan 18, 2011 12:55 am

Post by bluecole2 » Tue May 08, 2012 12:19 am

@ raf31
To be honest I'm just very confused right now and I don't want anything going wrong. He's visa run out sometime in 2008 and that's what really has me worried. All we want to do is just get married.
I don't know if you're aware getting married may seem tough for you now but the battle only begin when you'll put in an application, that's if he's not detained before the ceremony for over staying his visa if thats the case.

Forgive me if this looks scary in anyway. just want to give you an heads-up as it seems your partner as over stayed his visa which will complicate things later. I'll urge you to prepare and plan for the worst.

Perhaps you should consider all options such as going to moving to other eu state, exercise free movement right and return to Britain after a year or so

raf31
Newly Registered
Posts: 6
Joined: Sun May 06, 2012 9:52 pm

Post by raf31 » Tue May 08, 2012 1:42 pm

Its all just so confusing but we are looking into all possible options. I really want to get married but it all seems so daunting right now. I'm afaraid of what might happen when we go to a registra to book a date for the wedding.

Thanks for all the advice tho guys.

mastermind72
Newbie
Posts: 34
Joined: Thu Jul 29, 2010 6:27 pm

Post by mastermind72 » Tue May 08, 2012 8:52 pm

Hello All and you cannot believe how much I feel for all of you as we have been there and went through a rocky road...

Read our story here:

http://www.immigrationboards.com/viewto ... stermind72

We are now almost 1 year after our marriage and our ordeal and my wife now has a residence card so all is well. But our wedding day was a roller coaster - all went well though...

One small advise: get married, of course if REALLY WANT TO, to sort out your immigration status, as it will always be there to haunt you. To circumvent any tactical moves from UKBA (arrest, etc) ensure that, before you get married, you have a pending application under durable relationship. With this you are covered that they cannot arrest you and that they cannot ask you to go and report even after they issue you with this idiotic IS whatever paper.

Anyway that's just me.

raf31
Newly Registered
Posts: 6
Joined: Sun May 06, 2012 9:52 pm

Post by raf31 » Tue May 08, 2012 9:02 pm

@mastermind72 can I ask how you managed to get married with ur girlfriend having no valid visa? As this is the same situation with my boyfriend.

I understand that you are EU nationale, do u think it will make a difference with me being british citizen? I really hope not.

Thanks.

dasjoker
Junior Member
Posts: 88
Joined: Sun May 22, 2011 7:56 pm

Post by dasjoker » Tue May 08, 2012 9:24 pm

raf31 wrote:.. His came to this country on a work visa and it expired about a year ago.
...
raf31 wrote:To be honest I'm just very confused right now and I don't want anything going wrong. He's visa run out sometime in 2008 and that's what really has me worried. All we want to do is just get married.
Guys just be honest from beginning. It makes me confused. Is it expired a year ago or in 2008? Is it a working visa or visit visa?
Also as long as you show valid passport or an id card, you should be able to marriage as psuch2 told you just give a call your local registration office and explain your situation or simply ask what they request for it.
Even after you marriage hardest part is getting visa because EEA rules and British Law is totally different.

bluecole2
- thin ice -
Posts: 164
Joined: Tue Jan 18, 2011 12:55 am

Post by bluecole2 » Wed May 09, 2012 11:03 am

@raf31
You should be able to get married. The problem is the registrar may involve ukba if they think it's a marriage of convinience (obviously isn't) but does the registrar thinks the same of someone with an expired visa?

To avoid the risk of ukba ruinning your special day, you have to think of what your best option is.

This situation would have been easily sorted if you're in other eu state exercing right of free movement. You can just apply for residence card based on the fact you're in a durable relationship and marry after at a convient time for both of you.

pradz45
Newly Registered
Posts: 29
Joined: Sun May 13, 2012 8:03 pm

Re: Overstayer Marriage

Post by pradz45 » Sun May 13, 2012 8:18 pm

@psuch
hi,
i understand from your posts that you were eventually married without a visa. how did that happen? and what documents did you need for the registry?
if you can please reply to my question i ll be very grateful.

and congratulations.. !!
Last edited by pradz45 on Tue May 15, 2012 1:50 pm, edited 1 time in total.

pradz45
Newly Registered
Posts: 29
Joined: Sun May 13, 2012 8:03 pm

Post by pradz45 » Tue May 15, 2012 1:49 pm

@raf31

hi
do u have any updates on ur case?
did u manage to get married without the registrars involving the ukba?

psuch2
Junior Member
Posts: 84
Joined: Mon May 07, 2012 12:48 am
Brazil

Post by psuch2 » Tue May 15, 2012 2:44 pm

@pradz45

Hi, all i nedded was a vallid passport and prof of address really. I suggest you to call your local register office and ask. It all went smoothtly, but we were prepared for the worst case scenario, getting arrested/deported at the weeding. I made my EEA2 application days later and received my COA this week.
Good luck
No Matter How Long Winter Is, There's Always Spring Time Ahead

pradz45
Newly Registered
Posts: 29
Joined: Sun May 13, 2012 8:03 pm

Post by pradz45 » Thu May 24, 2012 10:15 pm

hi
do u think it would make a difference if my partner is british?
Or was it that ur case was simpler cus of EEA app?

psuch2
Junior Member
Posts: 84
Joined: Mon May 07, 2012 12:48 am
Brazil

Post by psuch2 » Fri May 25, 2012 2:19 am

Hi, I personaly dont think it would be a problem, you could get married no problem, read more here http://www.ukba.homeoffice.gov.uk/sitec ... ion-of-coa
Found this the other day, it gets complicated once you start applying for visa and stuff.
No Matter How Long Winter Is, There's Always Spring Time Ahead

pradz45
Newly Registered
Posts: 29
Joined: Sun May 13, 2012 8:03 pm

Post by pradz45 » Fri May 25, 2012 12:33 pm

hi sorry iam full of questions.
i called the registry office and confirmed its only passport and utility bill that we need for marriage.
but in terms of living together, what impact will it have on the application, cus we dont live together so what are the other requirements for a spouse visa?

many thanks.

psuch2
Junior Member
Posts: 84
Joined: Mon May 07, 2012 12:48 am
Brazil

Post by psuch2 » Sat May 26, 2012 1:52 am

I have no idea. In my case my wife is swedish not british, and if you read my previous posts, a immigration officer(police) came around to confirm we were living together, and asked for pictures, marriage certificate, all sorts.
No Matter How Long Winter Is, There's Always Spring Time Ahead

SnowWhite
Newly Registered
Posts: 6
Joined: Thu Mar 21, 2013 1:01 pm

Post by SnowWhite » Thu Mar 21, 2013 1:17 pm

psuch2 wrote:Hi, somehow i cant login, so i had to register again...

What i did was, i called my local register office and booked an appointment, they asked for both our passports and prof of address, like a bill or council tax, also they require you to be living at least 8 days at the address, and if one of you is divorced you need the original divorce papers . On the actual appointment, we booked the actual day we were gonna marry( wich have tio be 15 days after the first appointment, something called "giving notice") the room and etc, all our details were put in, and also, we were interviewed separately to make sure it was genuine.
Are planing in getting married any time soon them? best way to start go to your local reguister office and enquire, they are not gonna ask about your immigration status, good luck
Hi...
I am in the same situation, my fiance visa run out 2 years ago, we want to get married so badly and when I called and booked an appointment to give notice, they asked for him to bring the immigration status document. I think it is not fair as the COA was taken out of the way because of the human rights. I am very confused and upset because do not know what will happen after we arrive without this document.

If anyone can advice pls... Thank you

psuch2
Junior Member
Posts: 84
Joined: Mon May 07, 2012 12:48 am
Brazil

Post by psuch2 » Thu Mar 21, 2013 11:35 pm

So sorry to hear that. I am not aware of where the laws stands now. when I got married they did not ask for anything apart from our passports and prof of address.
No Matter How Long Winter Is, There's Always Spring Time Ahead

SnowWhite
Newly Registered
Posts: 6
Joined: Thu Mar 21, 2013 1:01 pm

Post by SnowWhite » Fri Mar 22, 2013 10:26 am

psuch2 wrote:So sorry to hear that. I am not aware of where the laws stands now. when I got married they did not ask for anything apart from our passports and prof of address.
The EU law should be the same, as the time of your marriage. The COA was abolished on a ground of Human Rights which gives you right to marry whatever your status is. This is what I believe and this is what I researched. And this is what I will present. Maybe just the person was not informed properly, because it was the person I booked the ceremony with. The person booking our notice did not seem to want to speak to me much, probably has some issues with eastern europians, even did not give me many informations or any reference number of my payment. That is probably because might think it is a sham marriage, which is not... I just dont think it is necessary to book these things like 6 months in advance, for Gods sake, we live in 21st century!
So I will just go there with what we have and what the law says we have to have and pray to God :)
I am happy for your case, hope I will be able to be there soon too.

psuch2
Junior Member
Posts: 84
Joined: Mon May 07, 2012 12:48 am
Brazil

Post by psuch2 » Sat Mar 23, 2013 7:24 pm

I am sure you will be fine. Like you said its not a sham marriage, so theres nothing to fear.
No Matter How Long Winter Is, There's Always Spring Time Ahead

Locked