Non EU and an EU Partner - any advice please?

[abdul hassan]

I've been living with my EU partner for over 5 years now. I came to this country (UK) on a tourist visa in the year 2000. When it expired, I didn't renew it and I'm an overstayer for nearly 7 years. In 2004 my partner apply for a Residence Permit document for me based on us being together for so long, but the HO refused my application. We want to get married but we can't because I overstayed. We went through a solicitor, he made an appeal and since August 2005 is still under consideration. Anytime I call Home Office they tell me they are still working on it. We want to get married and have a family - can someone, please, give us any advice. Many thanks in advance.

[tensailee]

If you have a child together, that might strengthen your appeal.

[JAJ]

I've been living with my EU partner for over 5 years now. I came to this country (UK) on a tourist visa in the year 2000. When it expired, I didn't renew it and I'm an overstayer for nearly 7 years. In 2004 my partner apply for a Residence Permit document for me based on us being together for so long, but the HO refused my application. We want to get married but we can't because I overstayed. We went through a solicitor, he made an appeal and since August 2005 is still under consideration. Anytime I call Home Office they tell me they are still working on it. We want to get married and have a family - can someone, please, give us any advice. Many thanks in advance.

A few additional questions:

- what's your nationality?
- what EU state is your partner from?
- how long has your partner been living in the UK and what has he/she been doing in this time?

[abdul hassan]

A few additional questions:

- what's your nationality?
- what EU state is your partner from?
- how long has your partner been living in the UK and what has he/she been doing in this time?

I'm from Ghana and my partner is Polish. She has been living in the UK since 2001. She works full time and in 2005, after Poland joined EU, got her Residence Permit from Home Office.

[christoff]

Since the new EU regulation(30/06/2006) it should be easier for u to get residency.
If you were maried I think HO would grant u the right to stay with your EU partner even if u overstayed.
But I think the rules are different for unmaried patner that overstayed.

[John]

Did she apply for and get Permanent Residence status in the UK, sometime in 2005 or early 2006, after she had been in the UK for 4 years?

How long have you and your partner been living together?

[abdul hassan]

Did she apply for and get Permanent Residence status in the UK, sometime in 2005 or early 2006, after she had been in the UK for 4 years?

How long have you and your partner been living together?

She hasn't got Permanent Residence but Residence Permit valid for five years and then she can and is planning to apply for Permanent Residence. Because she was living and working in the UK since 2001 (some years illigally) when Poland joined EU few years back she applied for Workers Registration Scheme Certificate and then straight for Residence Permit, which she got in 2005. She can apply for Permanent Residence in three years time.

We have been and living together for just over five years now.

[John]

There is not a guarantee about this but I suspect that you will get nowhere pursuing your application here in the UK.

Suggest that you and your partner seriously consider going to Ghana and then getting married there, after which you would apply ... for free ... for an EEA Family Permit permitting you to return.

Your thoughts on that suggestion?

[abdul hassan]

There is not a guarantee about this but I suspect that you will get nowhere pursuing your application here in the UK.

Suggest that you and your partner seriously consider going to Ghana and then getting married there, after which you would apply ... for free ... for an EEA Family Permit permitting you to return.

Your thoughts on that suggestion?

We did think about the suggestion you've made before. From one side I am a bit scared that if I go back to Ghana and get married there I could have problems getting EEA Family Permit to come back to the UK but from the other hand it seems like the best solution.

Any suggestions what type of documents we need to have to apply for EEA Family Permit at the British High Commision in Ghana?
At the moment we have bank statements, bills, dated pictures of us together and my partner's payslips from work.

[John]

At the moment we have bank statements, bills, dated pictures of us together and my partner's payslips from work.

To which you will add the marriage certificate before putting in the application ... and also need to add evidence relating to your residence, to show that it is "suitable" and certainly not overcrowded.

....... I could have problems getting EEA Family Permit to come back to the UK ......

The fact is that it is far easier to get an EEA Family Permit, under EU legislation, than a visa using the UK's own immigration legislation. As long as it is shown that your wife (as she will be) is exercising her EU Treaty Rights in the UK, and there is evidence to show that the marriage is real, and not a marriage of convenience, the EEA Family Permit will be granted, and ordinarily a lot quicker than visas are issued.

[abdul hassan]

Thank you for all the information but I've still got one more question.
With me overstaying in the UK and being ordered to leave the country when my first application was refused by the Home Office, what are the chances of this issue being used against me when I apply for EEA Family Permit after we get married in Ghana?

[Photogirl]

What happened when you were ordered to leave the country? Did you file for an appeal, or just ignore it? And how long ago was that?

[Directive/2004/38/EC]

The fact is that it is far easier to get an EEA Family Permit, under EU legislation, than a visa using the UK's own immigration legislation.

I think these are words are right.

As long as it is shown that your wife (as she will be) is exercising her EU Treaty Rights in the UK, and there is evidence to show that the marriage is real, and not a marriage of convenience, the EEA Family Permit will be granted, and ordinarily a lot quicker than visas are issued.

You do not need to be married to exercise your rights as partner of an EU citizen (though it is often easier).

I've been living with my EU partner for over 5 years now. I came to this country (UK) on a tourist visa in the year 2000. When it expired, I didn't renew it and I'm an overstayer for nearly 7 years. In 2004 my partner apply for a Residence Permit document for me based on us being together for so long, but the HO refused my application. We want to get married but we can't because I overstayed. We went through a solicitor, he made an appeal and since August 2005 is still under consideration. Anytime I call Home Office they tell me they are still working on it. We want to get married and have a family - can someone, please, give us any advice. Many thanks in advance.

A couple of things to note, in no particular order:

European law is now a lot stronger and clearer than it was in August 2005. The new Directive 2004/38/EC came into effect in April 2006 and applies to your EU partner and to you. See http://eumovement.wordpress.com/info-united-kingdom/ for the UK implementation of it.

Make sure this is true before acting, but I do not see anything stopping you from making an application under the new April 2006 law in parallel with your old application+appeal under other laws. And the application under EU law is free.

I also know of no reason you should have to leave the UK to apply under EU law. Even more strongly, I think it would be a bad idea to disrupt your family life as partner of an EU citizen.

You need to decide what to apply for. The EEA family permit is only for entry into the UK, and you are already here. Technically speaking, I think you want a Residence Card (exactly like what your partner has).

Do my family members need a residence card?
Your non-EEA family members can, if they want to, apply to the Immigration and Nationality Directorate for a residence card once they are in the UK. They do not have to do this – it simply confirms that they have a right to live with you in the UK because you have a right of residence.

Non-EEA family members who have a valid residence card do not need to get an EEA family permit each time they enter the UK after travelling abroad.

[christoff]

It is exactly what have been told by solicitors. You dont need to go back to your country even if u are overstayer, you can apply for residence card in hte uk and apparently under EU law if your partner exercise her treaty right HO cannot refuse your application. We are in the same situation. I applied for permanent residency, i am french and been in the uk since 1996, always working. My partner overstayed for more than 6 years, and apply with me. We have lived together for more than 5 years and are in the French Civil Partnership since 2001. We applied in May but unfortunately we r still waiting HO answer. But I suppose because of my Partner being an overstayer it take longer than 6 months to process the application.
I do hope to get an answer soon. So u may be should apply here in the uk.
Good luck
Chris

[abdul hassan]

...You dont need to go back to your country even if u are overstayer, you can apply for residence card in hte uk and apparently under EU law if your partner exercise her treaty right HO cannot refuse your application...So u may be should apply here in the uk...

The fact is that it is far easier to get an EEA Family Permit, under EU legislation, than a visa using the UK's own immigration legislation. As long as it is shown that your wife (as she will be) is exercising her EU Treaty Rights in the UK, and there is evidence to show that the marriage is real, and not a marriage of convenience, the EEA Family Permit will be granted, and ordinarily a lot quicker than visas are issued.

Thank you both for all the suggestions but I got a bit confused at the moment.

Christoff: I have appeal/reconsideration letter at Home Office already and we are waiting for their response since August 2005. Every time we call we get the same answer ''it's still under consideration'', that's why we were planning to go Ghana, get married and apply there for my permit. If they refused me once already, even if we applied under EU family law, I'm worried they can do it again. After all, I've overstayed for over 6 years and that's HO ''line of defence''.

Could you make it more clear which solution is more reliable, quicker and most important gives us results that we want?

[christoff]

cant tell u what to do i am just telling what our situation is and what i have been told by solicitors (I talked to two differents). What they clearly said is that under EU rules now, they can't refuse to give my partner a residence right, but we are offically registered partner and not in a long term relationship only. I think that's the difference between our two cases.
But as you can see even with all that we are still waiting an answer, more than 9 months now.
I wish i could help better than that. Talk to your solicitor or ask another to give u some information.

[Directive/2004/38/EC]

On what basis did you apply for the residence permit in 2005? What type of residence permit were you applying for?

In April 2006 there was a new law passed in the UK that makes it easy to get (UK issued) EU/EEA Residence Card because of your status as partner of an EU citizen. You do not need to be married – you just need to be the legitimate partner of an EU citizen.

I am not a lawyer, but let me lay out a possible way forward:

Code: Select all

(1) File an application for a EU/EEA Residence Card
(2) If the home office asks, say you do not wish to drop your appeal that is already in process and you wish to also proceed with the Residence Card application
(3) The Home Office has maximum 6 months from the day you submit it to decide about your application for a Residence Card.  They have to have a very good reason for saying no, according to what you have described.

If your original application and appeal is approved first, super! If the Residence Card is approved first, super!

I do not understand why going to Ghana will solve any problems, since you do not need to be married for an EU based application. If there anything, I think it will cause problems, since any delays in processing your application will mean you are locked out of the UK for the duration, maybe even up to the 6 months mentioned.

[Directive/2004/38/EC]

But as you can see even with all that we are still waiting an answer, more than 9 months now.

They are required (by EU law) to process these applications within 6 months. You might want to approach Solvit http://europa.eu.int/solvit/site/index_en.htm to get their assistance. They would get in touch with the Home Office for you.

[abdul hassan]

... You might want to approach Solvit http://europa.eu.int/solvit/site/index_en.htm to get their assistance. They would get in touch with the Home Office for you.

Thank you for the useful link and all the information.

Bearing everything in mind we will go to our solicitor and make our decision. Wish us luck, please.