Indian guy wihout visa and EU member- marriage

[Kaur93]

Hi, I have a few question, if anyone can answer me I will be grateful. My partner is from India, Im from Poland. He dont have visa for around 6 years so thats mean that he is here illegal, he is going every month to Home Office for sign ( his status is identify leave to remain), we are planning to get married ( civil partnership). We are togheter almost 4 years, we have a 2 years old son, in 2016 we have traditional Sikh marriage ceremony, we know each other families. My question is: we are gonna apply for EEA EFM, are we gonna be able to get marriage? What more we can apply by ourselfves to get married faster? Im from Poland, my partner look after our son and Im working and we have proofs that our relationship is genuine.

[CR001]

he is going every month to Home Office for sign ( his status is identify leave to remain)

Impossible to have this status if he is signing on. He has NO status and is an overstayer or illegal immigrant.

To marry in the UK, you both have to go an HO approved Registry office with photo ID/Passports to give 28 days notice. The registry office then inform HO and this notice could be extended to 70 days for HO to investigate and/or interview each of you separately. You will only be able to marry once HO gives permission for you to marry.

[Kaur93]

My bad, I check again and the notice says " You are liable to be detained because you are a person without leave who has been served with a notice of liability to removal, or are a dependant of such a person."
Do we need solicitor? Or our case will be easy and we dont need one?

[Gooner14]

My bad, I check again and the notice says " You are liable to be detained because you are a person without leave who has been served with a notice of liability to removal, or are a dependant of such a person."
Do we need solicitor? Or our case will be easy and we dont need one?

Your partner will be detained next time if he goes for his signing.
You should apply for an application before he faces them .
Extended family members
This application will cost you £60 per person I think and once you’ve submitted your application with all the evidence you have to provide your partner should be ok for few months but you guys will need to prove that you are in a genuine relationship by providing them bills on both of your names together .

[Kaur93]

We have proofs as: photos (our and our family members), old messages, bills, marriage certificate (traditional sikh), tenancy agreements from the last 3 years, also if HO will need any witnesses our families and friends can confirm that we are living together, I think that will be enough, we will try to provide every single thing that our relationship is genuine.

[free]

We have proofs as: photos (our and our family members), old messages, bills, marriage certificate (traditional sikh), tenancy agreements from the last 3 years, also if HO will need any witnesses our families and friends can confirm that we are living together, I think that will be enough, we will try to provide every single thing that our relationship is genuine.

Do you have joint names< council tax, water, gas, electric......... from 24-06-2017 till 24-06-2019?

[Kaur93]

No, we dont have together bills, I have gas and energy on my name, and he have internet.

[askmeplz82]

"We are together almost 4 years, we have a 2 years old son"

You should send at least 6 items of correspondence addressed to you and your partner at the
same address as evidence that you have been living together for at least two years
If you and your partner have no bills or correspondence in joint names, you will need to submit 12
items (6 each) of correspondence, showing that you live together at the same address.

i read guidance notes and this is what it say

Directive 2004/38/EC.
Evidence required for durable partners

The applicant and the EEA national sponsor must have been living together in a relationship
similar to marriage which has subsisted (continued in existence) for at least two years. The
evidence the applicant can provide may include (but is not limited to):

 Proof that any previous relationship has permanently broken down:
o degree absolute for marriages
 Evidence of cohabitation for at least two years:
o bank statements or utility bills in joint names at the same address
o rent agreements
o official correspondence which links them at the same address.
 Evidence of joint responsibility for children such as a birth certificate or custody
agreement demonstrating that the two parties claiming to be in a durable relationship
are cohabiting and sharing responsibility for children.
 Photographs of the couple.
 Other evidence demonstrating their commitment and relationship.

You must always consider the individual circumstances of the application and consider whether it is appropriate to use discretion. For example there may be instances when the two year rule is not satisfied but the couple have a child together. In these circumstances you can use your discretion if there is enough evidence. For example, a birth certificate showing shared parentage has been provided with evidence of living together.