EEA2 with Partner who has no valid UK visa

hello_world · Post by **hello_world** » Sun Dec 16, 2012 7:53 pm

Hello,

I have been reading the forum for a while trying to find the right answer for my question. It's an easy one actually.

I am an EEA citizen and have been living in the UK for years (more than 2) with a non-EEA partner. I am employed full time.

My partner is in the UK without visa (but with valid passport). In theory she needs a visa but let put it that way: she crossed the borders illegally.

- Can we still claim Treaty Rights and fill an EEA2 application with the HO?

- Any risk for her?

Thank you for your assistance

Post by **Lucapooka** » Sun Dec 16, 2012 8:30 pm

You will need a paper trail of bills, letters, official correspondence in her name that links her to you at the same address for a substantial period (two years). What do you have?

Otherwise marry and apply on that basis.

hello_world · Post by **hello_world** » Sun Dec 16, 2012 8:42 pm

We have a lot of letters arriving at the same address for more than 3 years. We also asked our families to provides us with support letters. Basically we are trying to collect the maximum we could. We already have 2 lbs of documents and counting...

Yes, we have a plan to marry but we don't want that to be spoiled by the HO. We would like to marry without thinking about them and putting them in our equation.

We can go to the Registrar Office but as she is subject to "immigration control", they would report us to the HO and this would ruin our wedding preparations. That's why we would like to marry later.

Post by **Obie** » Sun Dec 16, 2012 9:13 pm

You certainly can apply. The lack of visa alone will not be a valid reason to refuse.

hello_world · Post by **hello_world** » Sun Dec 16, 2012 9:35 pm

Thank you. So, the lack of visa is not a deal breaker then.

We are preparing all our documents for that route and hoping for the best!

Post by **Obie** » Sun Dec 16, 2012 9:41 pm

There is a discretion in Regulation 17(4) in regards to durable partner, depending on the circumstance of her case, she may be refused, however you can fight on. Take each day as it comes and live tomorrow to sort itself out.

hello_world · Post by **hello_world** » Sun Dec 16, 2012 10:17 pm

Thank you Obie,

Our million dollar question is: should we marry now then engage the HO with EEA2 or is it in our best interest to launch the EEA2 and marry latter. The marriage project in there anyway.

Post by **Obie** » Sun Dec 16, 2012 10:27 pm

You can apply and then marry. That is an option open to you. I am not in the able to tell anyone when they can marry. It is something for the two of you to decide on.

hello_world · Post by **hello_world** » Mon Dec 17, 2012 8:26 am

It is something for the two of you to decide on.

No hard feelings, but the last thing I am looking for in this forum is a sarcasm. Since I've been facing this complex problem, I lost all sense of humour.

During the last 12 months, I burnt my brain out reading zillions pages of complex, confusing and ever changing legislation. I realized that even solicitors are not always clear with that even when they are self branded "immigration lawyers" that's why I am turning to this forum in a hope to find answers.

I don't want to send the EEA2 and have my partner spends Christmas in jail. I don't want neither to start our marriage preparations to find ourselves victimized by the HO in front of our friends and family. As law abiding citizen, I know how the authorities can be harsh with people like us.

Post by **Lucapooka** » Mon Dec 17, 2012 9:02 am

You are asking for help from people and then insulting those that are coming to your assistance purely due to your poor standard of English comprehension. Suggest you Google the definition of sarcasm and examples of how it may be applied. Then you may wish to appolgise

hello_world · Post by **hello_world** » Mon Dec 17, 2012 9:14 am

I don't feel like I insulted anyone in this forum. However, it's clear that we are not going to get any assistance here.

Thank you guys and good luck!

Post by **Greenie** » Mon Dec 17, 2012 9:19 am

I don't think Obie was being sarcastic rather he genuinely does not want to tell you whether you should get married or not.

If you apply as unmarried partners then she is unlikely to be detained (although she could be) but the application will probably be refused due to her immigration status and you will have a harder time arguing the case before a judge.

If you plan to marry first then yes there is a risk of ukba turning up at your wedding although this is not as common as you might think. If you manage to marry though you will be in a better position as your wife will be entitled to a residence card as long as you are exercising treaty rights so even if they find a spurious reason to refuse it you should succeed before an immigration judge.

Your third option is for her to leave the UK and apply for a family permit if you want to avoid her being detained or your wedding being interrupted, but then you risk being separated for a few months whilst the application is considered.

Essentially there is no risk free option hence why you haven't found one so far. It is your decision and that of your partner, and if you think that's a sarcastic comment then you are mistaken.

hello_world · Post by **hello_world** » Mon Dec 17, 2012 9:56 am

Thank you Greenie, this story is pushing me to my limits some days and I appreciate your understanding.

We are going to review all the options you listed and try to go with the one we feel the most comfortable with.

Post by **Obie** » Mon Dec 17, 2012 2:33 pm

hello_world wrote:
It is something for the two of you to decide on.
No hard feelings, but the last thing I am looking for in this forum is a sarcasm. Since I've been facing this complex problem, I lost all sense of humour.

During the last 12 months, I burnt my brain out reading zillions pages of complex, confusing and ever changing legislation. I realized that even solicitors are not always clear with that even when they are self branded "immigration lawyers" that's why I am turning to this forum in a hope to find answers.

I don't want to send the EEA2 and have my partner spends Christmas in jail. I don't want neither to start our marriage preparations to find ourselves victimized by the HO in front of our friends and family. As law abiding citizen, I know how the authorities can be harsh with people like us.

I don't seem to know, what exactly i have done wrong. I have advised you to the best of my ability with the best of intention, without any sarcasm intended.

I can only tell you what the law says. I am not qualify to tell you to get married or not.

I said if you put an application, it will be considered, and if refused your partner will have a right of appeal. During this period she cannot be legally removed, as it will be a breach of UK law and community law.

I also said that under Section 92(4b) of the NAI Act 2002, she would have an in country right of appeal.

In those circumstances, i cant see her being detained, as someone whose removal is imminent, or someone who is present in the UK illegally.

The lack of visa will not also be an automatic bar to a successful application.

It is difficult to see how much more advice i can give than what i have already given, which incidentally is not being paid for.

Have a look at the 4 stage process in dealing with Extended Family members

nheroo · Post by **nheroo** » Mon Dec 17, 2012 2:43 pm

I was in similar situation..as long as you are EU,you have the right to marry illegal immigrant. Even if UKBA come to ur wedding,you just have to get good solicitor,be bold and defend your spouse(marriage needs to be genuine)

ahmad_785 · Post by **ahmad_785** » Mon Dec 17, 2012 2:46 pm

hello_world wrote:
It is something for the two of you to decide on.
No hard feelings, but the last thing I am looking for in this forum is a sarcasm. Since I've been facing this complex problem, I lost all sense of humour.

During the last 12 months, I burnt my brain out reading zillions pages of complex, confusing and ever changing legislation. I realized that even solicitors are not always clear with that even when they are self branded "immigration lawyers" that's why I am turning to this forum in a hope to find answers.

I don't want to send the EEA2 and have my partner spends Christmas in jail. I don't want neither to start our marriage preparations to find ourselves victimized by the HO in front of our friends and family. As law abiding citizen, I know how the authorities can be harsh with people like us.

seriously dude come on people here are always here to help i think obie was just telling what you have to do
and please go and search for the word sarcastic meaning where in that sentence he was being sarcastic???
he saying the true its the two of you who have to make the decision to get married not the people in this forum you asked for help and they are giving you advise be thank full for what ever you get from here because its free.....

hello_world · Post by **hello_world** » Mon Dec 17, 2012 7:24 pm

Hello guys,

I do apologize to anyone I may have offended. This situation is causing me a lot of stress. I didn't mean to hurt anyone.

I am doing better now thanks to your support and valuable advice. Knowing what to expect makes me (us) feel in control of the situation.

Tonight, we are arranging a mountain of paperwork and discussing the options you told us about. We give ourselves this week to come to the right decision.

Applying straight away for the EEA2 is no longer my favourite option. Knowing that we are not married yet will give HO guys the feeling that we are some kind of soft target. If they refuse our application, our options would be limited in front of an immigration tribunal as a non married couple.

Again, thank you for all the attention you are providing me with.

toni34 · Post by **toni34** » Mon Dec 17, 2012 9:50 pm

read all my post before you applied ,i was in the same situation with your partner and i took the advise of obie and co and after two months my eea2 was granted,i had no visa before then apart of passport

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EEA2 with Partner who has no valid UK visa

EEA2 with Partner who has no valid UK visa