visa national overstayer marrying romainan (advice needed)

[micky1]

First of all I am thankful to you for sparing some and going though my post.

I am a 30 years old (overtayer) male living in London. I am an Indian national & came to UK on work permit of 2 years which run out 15 months before.

I am in relationship with a Romanian girl and soon we are marrying in UK. The girl came to U.K 3 months before. She is self employed as a translator.

My questions are:

As an overstayer, can I marry and get this marriage registered in the UK?
What is the procedure of getting the marriage registered and what documents will be required (from myself and from my future wife)?
After marriage, which application forms will I need to fill in and what document both of us would have to supply to Home Office (HO) to regularise my stay in UK.
What are the estimated processing times of the HO and can my future wife fly to Romania for 1 month after I make my application to HO.

I await your reply.

Many thanks

[UKBAbble]

Call me a cynic but this relationship sounds a bit odd.

[micky1]

Overstayers have the same human rights as others. And I am aware that european law does help people in situation like mine.

Kindly write if you know the answer. If you do not know then stay quiet and let experienced people do their bit. And by the way who are you to judge the genuinesss of this relationship/marriage by a 10 lines post. It is the job of Home Office to judge this. And I am also aware that HO does consider such type of visa applications..

I have not asked anything which is against the policy of this forum.

[newperson]

I don't know that much about overstaying or spousal options under EU law paths, but I hope I can add something helpful in some way, micky1. Apologies in advance if it's not terribly specific.

And it is that judging from his/her many other posts, I believe that there's a good chance that UKBAbble actually does work for the Home Office. So if someone like him/her finds things odd, just take that on board. You might find yourself in a position where you have to do a bit of convincing to overcome a certain level of scrutiny.

[petkanov]

I think that the whole scenario looks strange. She came 3 months ago, already is established as self employed, and you are already getting married. It seems a lot of events for such a short time. I am sure the Home Office will suspect marriage of conviniance and will conduct interviews and if this is the case, they are good at what they do, the result will be bad. It is my opinion, don't want to offend, because there is a chance the relationship is geniune. Geniune or not, there will be a lot of red flags raised.

[micky1]

Dear friends

I thank you very much for your posts. But I am afraid no one of you has addressed to my questions. All of you are worried about the relationship but no one knows the process.

I once again repeat, this is not your job to determine the genuiness of relationship. It is the job of Home Office and I belive they are good at doing their job.

My original questions are:

As an overstayer, can I marry and get this marriage registered in the UK?
What is the procedure of getting the marriage registered and what documents will be required (from myself and from my future wife)?
After marriage, which application forms will I need to fill in and what document both of us would have to supply to Home Office (HO) to regularise my stay in UK.
What are the estimated processing times of the HO and can my future wife fly to Romania for 1 month after I make my application to HO.

If someone can give me this general information, I will be obliged.

[Obie]

Firstly, you will need to apply for a COA, and because you are an overstayer, without at least 3 month left on your passport, you will need to provide evidence that you relationship has been subsisting. The processing takes about 3 months. If you are successful and able to obtain the COA, you will be able to get married. Please be aware that there is a risk, albeit minor, that the HO might seek removal proceedings against during this process.


After getting married, you can apply using this Bulgarian and Romanian nationals forms, where appropriate.

I must notify you though, that you will have some hurdles to cross along the way.

All the best.

[petkanov]

After you get married you can apply for 5 year residence card. The FMRS is only in cases where transitional periods apply. For a family member of a self employed person, you can apply straight for the 5 year residence card. You need to fill form BR5

[Obie]

After you get married you can apply for 5 year residence card. The FMRS is only in cases where transitional periods apply. For a family member of a self employed person, you can apply straight for the 5 year residence card. You need to fill form BR5

Absolutely correct. I didn't realise that the EEA family member was Self-Employed.

3 WHO CAN APPLY ON THIS FORM?
Only non-EEA national family members of persons required to register
under the Worker Registration Scheme.

Normal process then. BR1 for EEA national (not Compulsory) and BR5 for non-EEA national (not compulsory but necessary)

[BLK235]

One of the options, which should be very good, since you say it's a genuine relationship is to live with the girl for 2 years and apply for unmarried visa.