Marrying an illegal as an EU citizen in uk

[tugainuk]

Hello all,

I was hoping someone could enlighten me in the issue me and my girlfriend have, she is an illegal brazilian who has been in the uk for 6 years now she has a daughter who was born here and is now 3 yrs old but doesnt have a passport with visa as the ex wont allow it. She has a passport of her own but again no visa.

Im an EU national (Portuguese )who has lived in the uk for 12+yrs finished school here and have been paying taxes for the last 10yrs, im in the process of applying for my own residency card due to recent Brexit situation.

question is if i was to marry this girl as an EU national would she then have the right to stay here in the uk along with her little one ? and would i have to attain my residency card first? i know iver earned the right for one but have not yet got one.

[Casa]

The challenge will be marrying in the UK.

Apart from the fact that you will both need to submit your passports, as foreign nationals in order to marry you would only be able to register with a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO who can then extend the notification period from 28 to 70 days in order to interview you both separately should they choose to do so, before the wedding can go ahead.

You should be aware that as your girlfriend has no legal status that she is at risk of being detained when attending the interview.

[tugainuk]

outside of marrying in a registrar governed by the home office, would it be possible to take marriage at either consulate ? Brazilian or Portuguese in London ?
And regarding the sittuation of her daugher, if she was born here is there anyway she can bypass the father to obtain a visa, and would her daughter having a visa make her elegible for residency in the uk even after overstaying?

[Casa]

outside of marrying in a registrar governed by the home office, would it be possible to take marriage at either consulate ? Brazilian or Portuguese in London ?
And regarding the sittuation of her daugher, if she was born here is there anyway she can bypass the father to obtain a visa, and would her daughter having a visa make her elegible for residency in the uk even after overstaying?

Note in the link below: British law does not allow marriages to be celebrated at Consulates.

http://cglondres.itamaraty.gov.br/en-us/marriage.xml

What category of visa do you believe the daughter qualifies for?

What is the nationality of her father?

[tugainuk]

the father is a brazilian national with a working visa, and is was wondering if the daughter would be legible for some sort of English nationality given she was born in UK.

What would you recommend her course of action to be then in your experience?
Would she have to leave to Brazil and try to apply to come in legally?
Would marriage be possible in Portugal if she is a Brazilian national with a valid passport? Would she need any sort of visa to go Portugal? If it was a possibility would i be able to bring her over to the UK with me after to resume our life given that i have attained right of residency in UK and i am a EU citizen.


A thank you for all the information given so far aswell much appreciated.

[Casa]

the father is a brazilian national with a working visa, and is was wondering if the daughter would be legible for some sort of English nationality given she was born in UK. No, as neither parents are settled in the UK.

What would you recommend her course of action to be then in your experience?
Would she have to leave to Brazil and try to apply to come in legally?
Would marriage be possible in Portugal if she is a Brazilian national with a valid passport? Would she need any sort of visa to go Portugal? If it was a possibility would i be able to bring her over to the UK with me after to resume our life given that i have attained right of residency in UK and i am a EU citizen. As a Brazilian national she can enter Portugal without a visa. You will have to look into the option of marrying in Portugal while there as a visitor.
Her daughter will obviously need a valid passport.
If married, you could apply for a EEA Family Permit to enable her to re-enter the UK as the wife of an EU national. Wait for others to advise on a permit for your step-daughter (as she will be when you are married).

Are you living together and if so, for how long?



A thank you for all the information given so far aswell much appreciated.

[tugainuk]

We havent been together long and dont live together, which i undertstand can complicate things.

Thank you for all the helpfull information it has been very helpfull, at least we can keep our ideas open.

[Casa]

We havent been together long and dont live together, which i undertstand can complicate things.

Thank you for all the helpfull information it has been very helpfull, at least we can keep our ideas open.

In which case, I believe that marrying outside of the UK is your best option.

[tugainuk]

Sorry for the very generic topic, but is there any type of visa we could apply for under the given circunstances.

My partner, and i have been together since may. She came away from her ex as a DV victim along with her litle one. Since then i have renewed her passport at the Brazillian consulate.

She is a 5 and half yrs long overstayer. Came under a to mary visa that only had 6 months.

We were planning on getting married in brazil through power off attorney this is legal in her state. As marriage over here is not possible.

Shes is also attempting to get her 3yr old british passport since child was born here.

We have also thought of taking ferry to france for few days and coming back hoping they would give her a 6 months tourist visa .
But this is risky in case she not allowed back in.


With all that information what kind of visa should we attempt?
Is there another way?

I am a portuguse national who has attained residency nd in about 3 months should have my PR card could this help?

On a different note if her name has been denounced to the home office will that affect an application?

Should i just lawyer up to achive best outcome?


Thank you for any lights shed on this

[vinny]

Posts merged.

[vinny]

We have also thought of taking ferry to france for few days and coming back hoping they would give her a 6 months tourist visa .
But this is risky in case she not allowed back in.

It's likely that she is banned from entering the UK as a visitor for at least one year under 320(7B).

[Richard W]

And regarding the sittuation of her daugher, if she was born here is there anyway she can bypass the father to obtain a visa, and would her daughter having a visa make her elegible for residency in the uk even after overstaying?

If the mother arrived in the UK on a fiancée visa, her former husband would have had to have been settled in the UK or an EEA national. (I forget when unsettled EEA nationals lost the right to bring in fiancées.) This is not consistent with the report that the father was present on a 'working visa'. Check on what is known as opposed to merely surmised. I suspect that being on a 'working visa' was an historical explanation retained for ease of understanding.

Therefore, the daughter is almost certainly British from birth, by virtue of being born here and of her father having ILR and being settled in the UK (or possibly even having become British before the birth.) Assuming the father is not allowed to obtain custody (possibly a big assumption), the mother may then have a derivative right of residence. Determining the father's immigration status and therefore the daughter's nationalities may be tricky.

If she is not British, but was born here and has never left the UK, while she may be in breach of the immigration laws, she is not in breach of any law and does not need leave to remain even while she is not covered by the Citizens' Directive.

It may be cheaper to assume that the daughter is not British. However, I have one worry. May a British citizen be granted an EEA family permit?

[LiYu]

Either country your partner wants to marry, as a Brazilian she'll still need the "consent" from Itamaraty to declare that she has never been married before. And if she's ever been, she'll have to deal with the Brazilian government, probably by dissolving her previous visa or whatever it was with her ex.

From there, she'll need to request Itamaraty a declaration to "allow" her to marry you. In that sense, it might take while.

I'm a Brazilian married to a Portuguese myself. I've been through that route, dude. I wasn't married before though. I was in the U.K. for my Masters, holding a Tier 4. But even though it was long long bureaucratic road.

We got married in Portugal. Strongly not advised for illegal Brazilians in Europe. I've learnt that many Brazilians have sham marriages with portugueses there. You might find some obstacles with the "Conservatórias". Many of them refused to oficialise our marriage. No matter how genuine our relationship was.

Well, you should try anyway. Either way, wherever you marry, she'll still need to apply for Family Permit to get back in the U.K.

If you can, why not do it Brazil then?

[tugainuk]

She came in on a fiance visa but never married. Her friend did that for her. She then overstayed with her partner. He has been working for years and i belive he has attained residency. So as far as marriege is concerned that part is all sorted. Im the one who need to gather alot of documentation to marry in brazil.

On such a short relationship applying for a family eea thing would it even be possible?

I will have my Pr card in the next few months i hope. There is no reason to deny me one.

[Richard W]

Well, you should try anyway. Either way, wherever you marry, she'll still need to apply for Family Permit to get back in the U.K.

Why? That sounds contrary to the Citizens' Directive which prohibits the requirement of visas in advance for the crossing of EU borders by EU citizens and their families.

[silvanti_78]

Hello all,

I was hoping someone could enlighten me in the issue me and my girlfriend have, she is an illegal brazilian who has been in the uk for 6 years now she has a daughter who was born here and is now 3 yrs old but doesnt have a passport with visa as the ex wont allow it. She has a passport of her own but again no visa.

Im an EU national (Portuguese )who has lived in the uk for 12+yrs finished school here and have been paying taxes for the last 10yrs, im in the process of applying for my own residency card due to recent Brexit situation.

question is if i was to marry this girl as an EU national would she then have the right to stay here in the uk along with her little one ? and would i have to attain my residency card first? i know iver earned the right for one but have not yet got one.

Hi,

I have just read your post.

First of all I'll would wait a bit before commiting to get married. In regards to get married here... I would give note at the local registry office and they will send the case to the marriage referal team who will extend the notice period to 70 days as already mention by another user.

There is the risk that you get interviewed and if your answers doesnt match then there is the risk that she is getting detained. that could be a few hours or a few weeks, you would need someone who has at least 2 or 3 grand in the bank to act as an guarantor to release her and then she would have to show up there once a week or so ( dont know the process exact) once she would be released you will have to start all again and give note again and also pay again.

Its not sure what way it will go. you may be interviewed or you may not. I seen cases without the interview and also cases with ( including that person being detained)

In regards to have a RC yourself when applying for a EEA RC for her.

In my case , I havent applied for RC myself but I am eligible as I have been working here for 9 years here at the same job.

I have married my husband who was here 8 years illegal and we have just applied for EEA RC... we are still waiting for a decision.

I wish you best of luck whatever route you go.