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A few additional questions:abdul hassan wrote: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.
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.JAJ wrote: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?
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.John wrote: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?
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.John wrote: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?
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.At the moment we have bank statements, bills, dated pictures of us together and my partner's payslips from work.
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........ I could have problems getting EEA Family Permit to come back to the UK ......
I think these are words are right.John wrote: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.
You do not need to be married to exercise your rights as partner of an EU citizen (though it is often easier).John wrote: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.
A couple of things to note, in no particular order:abdul hassan wrote: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.
UKVisas on EEA family members wrote: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 wrote:...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...
Thank you both for all the suggestions but I got a bit confused at the moment.John wrote: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.
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.
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.christoff wrote:But as you can see even with all that we are still waiting an answer, more than 9 months now.
Thank you for the useful link and all the information.Directive/2004/38/EC wrote:... 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.