overstayer, eea2 based on durable relationship

[misscam]

dear moderators, i have been reading all your advice to people on this site and would really like to put down my eea2 application based on durable relationship. please, kindly read and i would appreciate your oppinion and what are my chances even if we have to appeal

i am female and in a genuine relatationship with german citizen. though originally from my country. he has been here since 2004 and has been in employment since.
i am an overstayer, came here to visit in 2009. i met my partner through my cousin and we started living together since mid of 2010. we contacted a solicitor to seek advice on hoW to regularise my stay here. we wanted to get married. we needed certificate of approval. we applied for that and i sent my pasport with my expired visa. this was in february 2011

the home office took a long time to reply and when they did, they had abolished the certificate of approval and they retained my pasport. they said i could marry without it but they retained my passport. we could not register our marraige here without any proof of ID.

we decided to do a proxy marraige in my country in july 2011. we applied for residence card but in dec november 2011. it took a long time to get COA with right to work. i applied for NI and was given one. but our application was refused based on marraige not valid. we did not appeal because we made our own investigation and they were right. proxy was not valid anymore in my country. IN THEIR REFUSAL LETTER, they said if i think i have the right to remain on any other grounds, i can make another application.

with advice from lawyer, we applied for RC based on our durable relationship. we sent all sorts of correspondences to the same adress but i dnt have any bank account as an overstayer. we couod only gatther letter from GP, HOME OFFICE AND SOLICITOR TO OUR ADRESS
please, could u give me your honest oppinion about my case? we send application in dec 2012 and we have recieved COA. PLEASE I WOULD REALLY APPRECIAT YOUR REPL Y.
I WOULD ALSO LIKE TO HEAR FROM ANY OVERSTAYERS WHO HAVE MADE EEA2 BASED ON DURABLE RELATIONSHIP.

Thank you all

[Imshzd]

Durable relationship applications are very straight forward if you provide documents which are mentioned in EEA2 form.
If you don't have 2 years proof then sorry to say nothing can happen.

[wiggsy]

hmmm... UKBA are holding another passport to randsom...

OP: Email Rob Whiteman with all details you have...

give him a "reasonable deadline" to return your passport...
also send the letter recorded delivery to the UKBA offices...

once the deadline expires report the passport as stolen to the police... - you will have the emails proving you have given them reasonable chance to return the passport.

Your embassy will be able to issue a new passport then. - you are not lying if you say they have stolen it at this point...

http://www.freemovement.org.uk/2011/10/ ... rt-by-eco/

This is the approach we are taking with my wifes

We have already given notice of 14 days... (but we have been waiting since mid jan for passports to be returned) - Also, it just so happens that UKBA lost another document in 2010, which had not expired of my wifes...

The reason they retain passports is to prevent you getting married.

In your message/email ensure that you refer to the case above...

http://www.bailii.org/ew/cases/EWHC/Adm ... /1388.html
The case of R (on the Application of Atapattu) v The Secretary of State for the Home Department [2011] EWHC 1388 (Admin) (27 May 2011) is an important case that I was just too busy to write up at the time but to which a return is worthwhile. It concerns the unlawful retention of a passport by an Entry Clearance Officer and a claim for damages for conversion. Conversion is a tort under section1 of the Torts (Interference with Goods) Act 1977 and is basically akin to theft

give your full details etc, and any case id etc.

Also, note:
EEA2 as the unmarried spouse cannot take overstaying into account your method of entry is irrelevant... what matters is that you are now in a durable relationship - you just need to prove it to them for the RC, however, it is quite clear on the UKBA website that registration is not mandatory.

WhitemanRobSubmissions@homeoffice.gsi.gov.uk; EREC@homeoffice.gsi.gov.uk; LiverpoolEuro.PassportReturns@homeoffice.gsi.gov.uk;

[sheraz7]

Since you are already married with EEA national and despite your type (proxy) marriage UKBA did not accept, then why you not regularize your marriage with a small marriage ceremony at local registrar office in UK to make straight these issues.

[misscam]

sheraz7,

my passport is the only proof of ID i have and since the UKBA retained it, i could not register my marraige as the registrar insisted on seeing a proof of id.

Since you are already married with EEA national and despite your type (proxy) marriage UKBA did not accept, then why you not regularize your marriage with a small marriage ceremony at local registrar office in UK to make straight these issues.

[misscam]

thank you very much Wiggsy

hmmm... UKBA are holding another passport to randsom...

OP: Email Rob Whiteman with all details you have...

give him a "reasonable deadline" to return your passport...
also send the letter recorded delivery to the UKBA offices...

once the deadline expires report the passport as stolen to the police... - you will have the emails proving you have given them reasonable chance to return the passport.

Your embassy will be able to issue a new passport then. - you are not lying if you say they have stolen it at this point...

http://www.freemovement.org.uk/2011/10/ ... rt-by-eco/

This is the approach we are taking with my wifes

We have already given notice of 14 days... (but we have been waiting since mid jan for passports to be returned) - Also, it just so happens that UKBA lost another document in 2010, which had not expired of my wifes...

The reason they retain passports is to prevent you getting married.

In your message/email ensure that you refer to the case above...

http://www.bailii.org/ew/cases/EWHC/Adm ... /1388.html
The case of R (on the Application of Atapattu) v The Secretary of State for the Home Department [2011] EWHC 1388 (Admin) (27 May 2011) is an important case that I was just too busy to write up at the time but to which a return is worthwhile. It concerns the unlawful retention of a passport by an Entry Clearance Officer and a claim for damages for conversion. Conversion is a tort under section1 of the Torts (Interference with Goods) Act 1977 and is basically akin to theft

give your full details etc, and any case id etc.

Also, note:
EEA2 as the unmarried spouse cannot take overstaying into account your method of entry is irrelevant... what matters is that you are now in a durable relationship - you just need to prove it to them for the RC, however, it is quite clear on the UKBA website that registration is not mandatory.

WhitemanRobSubmissions@homeoffice.gsi.gov.uk; EREC@homeoffice.gsi.gov.uk; LiverpoolEuro.PassportReturns@homeoffice.gsi.gov.uk;

[wiggsy]

make sure you keep the auto response email too... its proof of reciept...

due to the electronic communications act, email is classed as written correspondance, and is a valid method to serve any notices - IE: FOI request, sar request, etc...

[Babz]

Since you are already married with EEA national and despite your type (proxy) marriage UKBA did not accept, then why you not regularize your marriage with a small marriage ceremony at local registrar office in UK to make straight these issues.

These days, I will not advise anyone whom had overstayed in any form to go to registry or church of England for marriage. It's likely UKBA, acting through its private partner, Capita, will storm the venue and pick her up.
Read this link:
http://www.guardian.co.uk/uk/2013/jan/0 ... s-leave-uk

Remember,Capita is a private firm who's driven by profits.So they go to any extent,using loop holes in immigration rules, to arrest and deport immigrants.

She's taken the best option,applying via durable relationship.

[Babz]

sheraz7,

my passport is the only proof of ID i have and since the UKBA retained it, i could not register my marraige as the registrar insisted on seeing a proof of id.

Since you are already married with EEA national and despite your type (proxy) marriage UKBA did not accept, then why you not regularize your marriage with a small marriage ceremony at local registrar office in UK to make straight these issues.

I'll advise you go ahead with the durable relationship application if you can prove you've been living together with your EEA partner for at least 2 years.

[Babz]

but i dnt have any bank account as an overstayer.

i don't think it's a must you show UKBA you have a bank account.

[Babz]

dear moderators, i have been reading all your advice to people on this site and would really like to put down my eea2 application based on durable relationship. please, kindly read and i would appreciate your oppinion and what are my chances even if we have to appeal

i am female and in a genuine relatationship with german citizen. though originally from my country. he has been here since 2004 and has been in employment since.
i am an overstayer, came here to visit in 2009. i met my partner through my cousin and we started living together since mid of 2010. we contacted a solicitor to seek advice on hoW to regularise my stay here. we wanted to get married. we needed certificate of approval. we applied for that and i sent my pasport with my expired visa. this was in february 2011

the home office took a long time to reply and when they did, they had abolished the certificate of approval and they retained my pasport. they said i could marry without it but they retained my passport. we could not register our marraige here without any proof of ID.

we decided to do a proxy marraige in my country in july 2011. we applied for residence card but in dec november 2011. it took a long time to get COA with right to work. i applied for NI and was given one. but our application was refused based on marraige not valid. we did not appeal because we made our own investigation and they were right. proxy was not valid anymore in my country. IN THEIR REFUSAL LETTER, they said if i think i have the right to remain on any other grounds, i can make another application.

with advice from lawyer, we applied for RC based on our durable relationship. we sent all sorts of correspondences to the same adress but i dnt have any bank account as an overstayer. we couod only gatther letter from GP, HOME OFFICE AND SOLICITOR TO OUR ADRESS
please, could u give me your honest oppinion about my case? we send application in dec 2012 and we have recieved COA. PLEASE I WOULD REALLY APPRECIAT YOUR REPL Y.
I WOULD ALSO LIKE TO HEAR FROM ANY OVERSTAYERS WHO HAVE MADE EEA2 BASED ON DURABLE RELATIONSHIP.

Thank you all

You may want to contact 'flipper77' on this forum. He was in the same situation and got his RC this month

[Babz]

dear moderators, i have been reading all your advice to people on this site and would really like to put down my eea2 application based on durable relationship. please, kindly read and i would appreciate your oppinion and what are my chances even if we have to appeal

i am female and in a genuine relatationship with german citizen. though originally from my country. he has been here since 2004 and has been in employment since.
i am an overstayer, came here to visit in 2009. i met my partner through my cousin and we started living together since mid of 2010. we contacted a solicitor to seek advice on hoW to regularise my stay here. we wanted to get married. we needed certificate of approval. we applied for that and i sent my pasport with my expired visa. this was in february 2011

the home office took a long time to reply and when they did, they had abolished the certificate of approval and they retained my pasport. they said i could marry without it but they retained my passport. we could not register our marraige here without any proof of ID.

we decided to do a proxy marraige in my country in july 2011. we applied for residence card but in dec november 2011. it took a long time to get COA with right to work. i applied for NI and was given one. but our application was refused based on marraige not valid. we did not appeal because we made our own investigation and they were right. proxy was not valid anymore in my country. IN THEIR REFUSAL LETTER, they said if i think i have the right to remain on any other grounds, i can make another application.

with advice from lawyer, we applied for RC based on our durable relationship. we sent all sorts of correspondences to the same adress but i dnt have any bank account as an overstayer. we couod only gatther letter from GP, HOME OFFICE AND SOLICITOR TO OUR ADRESS
please, could u give me your honest oppinion about my case? we send application in dec 2012 and we have recieved COA. PLEASE I WOULD REALLY APPRECIAT YOUR REPL Y.
I WOULD ALSO LIKE TO HEAR FROM ANY OVERSTAYERS WHO HAVE MADE EEA2 BASED ON DURABLE RELATIONSHIP.

Thank you all

You may want to follow this link:
http://www.immigrationboards.com/viewto ... start=5420

'Flipper77' wrote:

"I applied as the unmarried partner of an EEA national, and was granted my RC in February, my timeline is below."

EEA2 Application sent: 09/10/2012
Received by UKBA: 10/10/2012
COA received: 19/10/2012 (dated 17/10/2012)
Passports requested: 14/11/12, 28/11/12 & 12/12/12 (email) and 11/12/12 (mail)
Passports received: 17/12/2012
RC received: 14/02/2013


Good luck