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Jumping to conclusions

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

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Ted
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Jumping to conclusions

Post by Ted » Fri Jan 25, 2013 3:20 pm

eu_national wrote:I have been with my Pakistani boyfriend for over 5 years. We have a son together, but we don`t stay together in one household. He`s been in the UK since 2004 and overstayed his student visa for over 6 years.
Sounds like your boyfriends only concern is himself, does not follow rule etc, why do you come to this forum hoping for help for your pitiful boyfriend! :shock:

pennylessinindia
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Re: How to get married?

Post by pennylessinindia » Fri Jan 25, 2013 7:29 pm

Ted wrote:
eu_national wrote:I have been with my Pakistani boyfriend for over 5 years. We have a son together, but we don`t stay together in one household. He`s been in the UK since 2004 and overstayed his student visa for over 6 years.
Sounds like your boyfriends only concern is himself, does not follow rule etc, why do you come to this forum hoping for help for your pitiful boyfriend! :shock:
seems pretty judgmental, and whilst there has been lots of cases of scam marriages the poster says they have a child together so would be harder for them to show this was a sham.

Why not post on the EEA section if as your ID suggests you are an EEA national in the UK. The rules are very easy for EEA nationals, hence the sham marriages. Once you are married he would apply for an EEA family permit.

It is possible that the registrar would alert UKBA to your situation if he/ she suspected a sham, it is the risk you have to take. Given you are in a relationship with him but not living together it would be hard to show that you are in a relationship akin to marriage to qualify for a visa, without marrying.

You could always go to your country and marry and then apply from there assuming he would be granted entry to your country or you could go to Pakistan and marry.
Last edited by pennylessinindia on Fri Jan 25, 2013 8:03 pm, edited 1 time in total.
pennyless

Obie
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Re: How to get married?

Post by Obie » Fri Jan 25, 2013 7:37 pm

Ted wrote:
eu_national wrote:I have been with my Pakistani boyfriend for over 5 years. We have a son together, but we don`t stay together in one household. He`s been in the UK since 2004 and overstayed his student visa for over 6 years.
Sounds like your boyfriends only concern is himself, does not follow rule etc, why do you come to this forum hoping for help for your pitiful boyfriend! :shock:
There is no place on the forum for such offensive conduct.

I will be keeping a very close eye on you.

I am going to move this thread to the EEA section.
Smooth seas do not make skilful sailors

waki
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Post by waki » Fri Jan 25, 2013 7:58 pm

Hi eu national
Please disregard those loosers that are trying to discourage you.Of course you could get married to your partner as long as you are sure that you are in a genuine relationship,besides you said you've got a child together. whether you are living together or not is irrelevant.However,be prepared to be accosted on your wedding by ukba officers for serious questioning.Go to the registry with your partner and book a wedding date with proof of address and identity and they will advise on next line of action.All the best!

Gyfrinachgar
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Post by Gyfrinachgar » Fri Jan 25, 2013 8:20 pm

waki wrote:Please disregard those loosers that are trying to discourage you.Of course you could get married (...) Go to the registry with your partner and book a wedding date with proof of address and identity and they will advise on next line of action.All the best!
Loosers, eh? I am afraid it is you who does not get the facts straight. The registrar will need to see documents that prove age, nationality and identity. If previously married, a decree absolute of the divorce is also requried. While the Certificates of Approval scheme has been abolished, the Immigration and Asylum Act 1999 still places registrars under a legal obligation to verify status and report any suspicions they may have of a marriage or civil partnership being conducted for the purposes of evading immigration law to UK Border Agency.

No, I reiterate: One needs to sort out one's status in the UK in order to marry, not marry to sort out the status.

Schastlivchik
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Re: How to get married?

Post by Schastlivchik » Fri Jan 25, 2013 8:24 pm

Ted wrote:
eu_national wrote:I have been with my Pakistani boyfriend for over 5 years. We have a son together, but we don`t stay together in one household. He`s been in the UK since 2004 and overstayed his student visa for over 6 years.
Sounds like your boyfriends only concern is himself, does not follow rule etc, why do you come to this forum hoping for help for your pitiful boyfriend! :shock:
The only person here whom i can call pitful is u are ,dear Ted. I belive u dont own this forum and u cant tell people to post or not their problems and worries here. So if u hav nothin to say, than say nothing. Easy.
eu_national you can just go to register office and get married! If your marige is real and u have a child together you not going to have any problems at all. Good luck!

Schastlivchik
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Post by Schastlivchik » Fri Jan 25, 2013 8:30 pm

Gyfrinachgar wrote:
waki wrote:Please disregard those loosers that are trying to discourage you.Of course you could get married (...) Go to the registry with your partner and book a wedding date with proof of address and identity and they will advise on next line of action.All the best!
Loosers, eh? I am afraid it is you who does not get the facts straight. The registrar will need to see documents that prove age, nationality and identity. If previously married, a decree absolute of the divorce is also requried. While the Certificates of Approval scheme has been abolished, the Immigration and Asylum Act 1999 still places registrars under a legal obligation to verify status and report any suspicions they may have of a marriage or civil partnership being conducted for the purposes of evading immigration law to UK Border Agency.

No, I reiterate: One needs to sort out one's status in the UK in order to marry, not marry to sort out the status.
yes loosers. u need proof of id and proof of address. u dont need to have visa.

Gyfrinachgar
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Post by Gyfrinachgar » Fri Jan 25, 2013 8:34 pm

Schastlivchik wrote:yes loosers. u need proof of id and proof of address. u dont need to have visa.
Wrong again. A person who want to marry either a British citizen or an EEA national requires entry clearance (fiancé visa or an EEA Family Permit). A person who is subject to immigration control can only give notice at a designated Register Office and must provide proof of nationality; third country nationals (not British or EEA) must provide additional documents demonstrating their eligibility to marry in the UK.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Fri Jan 25, 2013 10:06 pm

Let's not jump to concussions about the OP's post. How might you feel if you were in a situation and asked a question?

Thanks,

Mod.

Gyfrinachgar
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Post by Gyfrinachgar » Fri Jan 25, 2013 10:25 pm

EUsmileWEallsmile wrote:Let's not jump to concussions about the OP's post. How might you feel if you were in a situation and asked a question
No offence intended. However, I think it is important to point out problems and I never sugarcoat things. What I wrote is directly relevant to the original question, and considering that the spouse-to-be is demonstrably in violation of the British law, it must accepted that unpleasant points will be raised. Better in this board than in an UKBA office, is it not?

Obie
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Post by Obie » Fri Jan 25, 2013 10:35 pm

Well it is settled case law, so far as EU law is concerned, it is the genuine nature of a marriage that is important for Treaty rights to be engaged. Therefore the immigration history is of no relevance. Although memberstates reserve the right to impose penalities for violation of their immigration rules, these should not interfere with free movement rights.

I understand my colleague's reason for opening this thread, but i personally will not facilitate a forum for these legally baseless views to be expressed.
Although it sometime help to engage these views.
Smooth seas do not make skilful sailors

sheraz7
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Post by sheraz7 » Fri Jan 25, 2013 11:04 pm

eusmile-moderator is saying right that rough repliers can also be in same situation. Moreover, basically all these rough repliers after getting eea2 get over-joyed eventually arrogant but they really need to know that they can be captured again in their eea4 stage. Never discourage anyone as this forum is already providing the most exceptional support.
Please donot send PM. Write in open forum to facilitate others too.
REGARDS

Ted
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Re: How to get married?

Post by Ted » Sat Jan 26, 2013 3:49 am

Obie wrote:
Ted wrote:
eu_national wrote:I have been with my Pakistani boyfriend for over 5 years. We have a son together, but we don`t stay together in one household. He`s been in the UK since 2004 and overstayed his student visa for over 6 years.
Sounds like your boyfriends only concern is himself, does not follow rule etc, why do you come to this forum hoping for help for your pitiful boyfriend! :shock:
There is no place on the forum for such offensive conduct.

I will be keeping a very close eye on you.

I am going to move this thread to the EEA section.

What part do you find offensive obie?

Ted
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Re: How to get married?

Post by Ted » Sat Jan 26, 2013 3:57 am

pennylessinindia wrote: seems pretty judgmental, and whilst there has been lots of cases of scam marriages the poster says they have a child together so would be harder for them to show this was a sham.
I never said this was a scam marriage.having a child together does not indicate anything as there are many absent fathers. I was not judging the OP either, merely stating that the boyfriend does not seem to take into account his responsibilities.

Wouldn't you agree.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sat Jan 26, 2013 7:19 am

Gyfrinachgar wrote: No offence intended. However, I think it is important to point out problems and I never sugarcoat things. What I wrote is directly relevant to the original question, and considering that the spouse-to-be is demonstrably in violation of the British law, it must accepted that unpleasant points will be raised. Better in this board than in an UKBA office, is it not?
I would agree with this.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sat Jan 26, 2013 7:23 am

@Ted, your comments regarding the posters boyfriend were not particularly relevant and sparked many counter-comments. In these sorts of cases, threads quickly go off topic. Please try and be a little more sensitive. If you've something to contribute to a particular thread, please do, if not don't post. Thanks.

Ted
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Post by Ted » Sat Jan 26, 2013 9:48 am

EUsmileWEallsmile wrote:@Ted, your comments regarding the posters boyfriend were not particularly relevant and sparked many counter-comments. In these sorts of cases, threads quickly go off topic. Please try and be a little more sensitive. If you've something to contribute to a particular thread, please do, if not don't post. Thanks.
Point taken :D

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Re: Jumping to conclusions

Post by Obie » Sat Jan 26, 2013 11:12 am

Ted wrote:
Sounds like your boyfriends only concern is himself, does not follow rule etc, why do you come to this forum hoping for help for your pitiful boyfriend! :shock:
Well i am shocked that you find that post, especially the cited bit, normal and harmonious. Firstly it is not based on any known fact, other than the fact that the OP's boyfriend is an overstayer. People overstay for various reasons. Take for example the situation of some Syrians i met recently. It is hard to describe their situation as anything other than sad and unfortunate.

People find themselves in unfortunate situation for various reasons. Bad things happen to good people sometimes.
Smooth seas do not make skilful sailors

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