Does 4 year marriage to British citizen work in my case?

judasiscariot · Post by **judasiscariot** » Tue Mar 12, 2013 2:36 pm

It will be four years (in 3 months) since i married my spouse who is a british citizen. We married abroad and then moved to Europe and stayed there a year before coming to the uk. I was issued a 6 month "visiting" visa at the port of entry. However i ended up overstaying here with my british spouse. Now it has almost been four years since we married, my question is: Does this make me qualify for the four year marriage to british citizen route to a visa? Or would it at least add a few browny points to my application seeing as we were married a while ago? Note i am an over stayer here.

Post by **MPH80** » Tue Mar 12, 2013 3:32 pm

The rule you are referring to wasn't granting a visa as such - it allowed someone who had been married to a BC for 4 years and they had been living together abroad to qualify for indefinite leave immediately rather than waiting.

That rule was abolished about 9 months ago.

The 'correct' procedure for yourself is to return home, admit your overstay, and apply for a spouse visa.

The fact you are an overstayer, by itself, should not prevent the visa from being granted.

M.

Post by **Greenie** » Tue Mar 12, 2013 3:35 pm

Did your husband work when you were in Europe? Which country are you referring to?

Post by **MPH80** » Tue Mar 12, 2013 3:50 pm

Greenie ... sensing where you're going ... would entry under UK immigration rules negate the family permit?

I'm guessing not ... but just curious.

Legal RANA · Post by **Legal RANA** » Wed Mar 13, 2013 2:46 pm

hi

an important question is that whether you have formed a family life here? and how strong are your social ties in the country of origin. further, will it effect your family life if you go to your country of origin

longtime · Post by **longtime** » Wed Mar 13, 2013 6:21 pm

well I dont know all the details of your case but I can give mine as an example to you. I am married to a british citizen for more than 4 years. Came to the UK with visitor visa. Didnt overstay and applied to FLR(M) under the old rules. Got refused...
I think they are really strict about visitors...

hope it gives you an idea...

judasiscariot · Post by **judasiscariot** » Wed Mar 13, 2013 6:24 pm

i think we would just go the family permit route. My spouse worked in europe and i did as well. Infact i have an eu residence card. Does anyone know if the time lapse between when my partner worked in europe and now (almost a year) would not be a problem when using that as evidence of my spouse's exercising treaty rights when going the family permit route?

Post by **Casa** » Thu Mar 14, 2013 10:37 am

The 1 year gap is too long.

Post by **vinny** » Thu Mar 14, 2013 11:02 am

See also OB (EEA Regulations 2006 - Article 9(2) - Surinder Singh spouse) Morocco [2010] UKUT 420 (IAC).

Try applying for EEA2, if you are already in the UK.

judasiscariot · Post by **judasiscariot** » Fri Mar 15, 2013 11:03 am

Thanking you all for your concise suggestions and advice. We now have a much clearer idea of what we need to do. You are all stars.

Post by **Jambo** » Fri Mar 15, 2013 12:45 pm

Casa wrote:The 1 year gap is too long.

But the gap is not between working in Europe and entering the UK (which is in itself not a reason for refusal as vinny pointed out) but between the work in Europe and now. As application under the EEA regulations are not mandatory, if the OP can prove he meets the Surinder Singh requirements, he should be granted confirmation of his rights even if he applies several months after entry.

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Does 4 year marriage to British citizen work in my case?

Does 4 year marriage to British citizen work in my case?

Re: re your application