Overstay and Marriage

[jafferdeen]

Dear Team members

I need advice regarding my friend issue.He is now overstay in the UK and want to go back to India himself voluntary.
He has a girl friend and she is from Poland.If he go back to India and get married with girlfriend who is polish will he be able to make an application for EEA family member ??? or he has to wait for 1 year as he was overstayed in the UK.Is there any special rules for EEA family members

please advice

[yoshi_jp]

I have a Polish wife.

I think your friend can acquire an EEA FP once they have got married in India (or anywhere), and I don't think he needs to wait for a year.

The UK diplomatic post may refuse the EEA FP application on spurious and irrelevant reasons purely to delay the process and frustrate your friend, but in the end they have nothing that they can do.

If it becomes unreasonably difficult, he can instead get a Schengen visa to, say, France or Germany (but not Poland) as a family member of an EEA national and seek entry to the UK at any of the juxtaposed UK border posts on the French side of the Channel if they carry a marriage certificate and if they travel together. Seek a code 1A stamp at the border post.