My partner is an overstayer. Please help us!

[xcasox]

Hello! First of all thanks for reading this. The situation I`m living in is very complicated and I need help for my partner to stay with me.

I`m an Italian guy and I`ve been in London for 2 years and a half (I own an Italian ID or Passport), I`m 34 years old and I work full time and I live in a double room with my partner.
I`m in a relationship with an Indian guy, 33 years old, born in New Delhi.
He has been in UK for 8 years but his 6 months tourist visa expired in
December 2003 while his Indian passport expired in 2009.

I`d like to now if there are options for him to get a permanent or any
other kind of visa to stay in UK legally with me.
I`m more than willing to help him, I read about legal union or
marriage, but I`d like to know more about this and other
possibilities.

I`d like you to give me some suggestion about it, telling me the
pertentage of success, how much it will cost, how long it will take
and if I can be entitled to any legal prosecution since I live with
him.

I`m interested in getting to know all the possible legal ways to get a
permanent visa.

The problem here is not only the visa but the expired passport of his. I really don`t know what to do. Someone told me he`d better go back to India and apply from there for a Visa with me as a sponsor. Others told me about EEA + EEA2 + COA, telling me he would be not at risk to be deported during this period we are waiting for a reply from the home office, others told me he would be at risk anyway and it`s almost impossible to get a permission from the home office.


Thanks in advance for your assistance.

Regards.

[Obie]

How long have you been in a durable relationship with this Indian chap? and have you evidence to substantiate this? like bills in joint names, joint tenancy agreement.? Also see information on COA and Civil Partnership .

I don't believe the expired passport is an issue as he could apply to renew his passport at the Indian Embassy.

[xcasox]

Thanx for your reply!

We`d been together since september 2010.
We don`t have joint account or other similar stuff unfortunately.

The Embassy said they cannot renew the passport since he doesn`t have a visa!

[Obie]

You have been together for a short time, therefore you will not be able to apply on the basis of being in a durable relationship as it is obvious your relationship has not lasted for 2 years or more. The only solution is probably a Civil partnership.

As he has been living here for a while and is in a relationship with you, perhaps a human right claim might work.

The other solution would be for him to go to india, then contract the Civil partnership at the British High Commission in India, which i am not sure you will be able to do as you are not a British Citizen, and then apply for an EEA family permit for him, and on his arrival in UK apply for a Residence Card, by then the passport issue will probably have been resolved.

[xcasox]

I really don`t know what to do since I didn`t know anything about visa before him.

Another question is:
am I at legal risk since I`m hosting an overstayer?
I mean, if they catch him, can they fine me or put me into jail because I live with him?

[Obie]

You will be absolutely fine in the event of any adverse proceedings being initiated against him, so no need to worry.

[sjimoh112]

Hi
I'm in a very similar situation as your bf. I was arrested for immigration offence in 2009 and since been signing-on weekly. I've been here for about 9yrs now. And I've just received a CoA to marry my fiancee not long ago.


Let me start by saying you can never get in trouble for living with someone you know to an immigration offender regardless of whether he's your fiance or a stranger. Secondly after reading this visit the 'ukba website' there you will find every information you need about marrying, getting legal status for your bf/ fiance etc

1st, get a solicitors advice, look for solicitors that offer 'legal aid' service they'll be able to advice you on what's best to do for free. Google 'community legal advice' you can find solicitor in your area.

2nd, you may apply for CoA to marry your partner but you'll do it at your own risk as they will come and arrest him if he's not already been know to them or arrested and signing-on. If he's not arrested and CoA is granted he will be arrested on the wedding day. In that case the ukba a very likely to grant him CoA very quickly. It took me 1 year to get CoA even though I got support from MP. I got it after writing them on several occasion to return my fiancé's passport as we have made dicision to go to Africa to get married. I had given up on getting the CoA and reAdy to go back home with my fiancé to marry when I received it.

3rd, the best option is to go to India together to marry and face a possible 6months or more away from eAch other while he apply for entry clearance.
He may also report himself as an over stayer and hopefully will be asked to sign on. Never give the home office his passport, he's probably better cutting it off or throw it away as he will be easilly deported within 2 weeks if they find he passport. They will have to get him travel document from his embassy which is likely to take long for ukba to get and that will give you both time ti plan ahead.

The CoA scheme will be abolished soon as it breeches human right law, so the government will put an alternative scheme in place this year but in the main time people subject to immigrAtion control will have to apply for CoA.

I really hope this will help you as I'm in similar situation and give your man every support and I hope he will appreciate your effort and please don't give up as the going will get hard but there will be light at the end of the tunnel.

Best wishes

[pennylessinindia]

.

The other solution would be for him to go to india, then contract the Civil partnership at the British High Commission in India, which i am not sure you will be able to do as you are not a British Citizen, and then apply for an EEA family permit for him, and on his arrival in UK apply for a Residence Card, by then the passport issue will probably have been resolved.

Think you are not correct how will he go to India without a passport first off

[xcasox]

Thanks guys.

Honestly I wrote here after going to a solicitor. I was told lots of things without the rick, just like evrything was pretty simple.

Then many issues arose and that`s why I posted here.
How can I find a very good solititor, not expensive, who knows what i`m talking about and who really is willing to help me and not just taking the money without doing anything?

[alekos]

first off, try to get utility bills with his name for the same address, photos taken together, and reference letters from friends or family. Once you have all that, contact a solicitor.

For ID, you'll need your passport, for your boyfriend, you'll need ID card, or a certified copy of his birth certificate, officially translated if in a language other than english.

Once you have all of the above, it's worth contacting a solicitor, or checking the UKBA website, where you'll find all the necessary info to start your application. It's a long process, so bear in mind, unless you understand all the process, get a solicitor.

This post is based entirely on my experience. Good luck, and I hope you have a happy relationship.

[smallpie]

Thanx for your reply!

We`d been together since september 2010.
We don`t have joint account or other similar stuff unfortunately.

The Embassy said they cannot renew the passport since he doesn`t have a visa!

y
following yr situation and yr bf.. applyin for him under the EEA law, u must av been together for at least 2yrs with a prove of relationship as unmarried partner. such as joint account, bills or tenancy agreement dated for abt 2yrs ago or more- like 2007 0r 2008. with these u are gettin closer to the application. he shld be able to try make a new passport or renew the old one frm the indian commision. if u say u got a property of yr own, u can now include his name on yr house hold bills and if possible for u to back date yr tenancy agreement to 2007 or 2008 and include his name on it. this will sort the 2yrs of living together, and include the recent bills with his name. or 2nd choice, go to india with him and get married if he can find a way to travel to india..but i will advise if u can try sort it out here in uk. wish u the best.

[smallpie]

Hello! First of all thanks for reading this. The situation I`m living in is very complicated and I need help for my partner to stay with me.

I`m an Italian guy and I`ve been in London for 2 years and a half (I own an Italian ID or Passport), I`m 34 years old and I work full time and I live in a double room with my partner.
I`m in a relationship with an Indian guy, 33 years old, born in New Delhi.
He has been in UK for 8 years but his 6 months tourist visa expired in
December 2003 while his Indian passport expired in 2009.

I`d like to now if there are options for him to get a permanent or any
other kind of visa to stay in UK legally with me.
I`m more than willing to help him, I read about legal union or
marriage, but I`d like to know more about this and other
possibilities.

I`d like you to give me some suggestion about it, telling me the
pertentage of success, how much it will cost, how long it will take
and if I can be entitled to any legal prosecution since I live with
him.

I`m interested in getting to know all the possible legal ways to get a
permanent visa.

The problem here is not only the visa but the expired passport of his. I really don`t know what to do. Someone told me he`d better go back to India and apply from there for a Visa with me as a sponsor. Others told me about EEA + EEA2 + COA, telling me he would be not at risk to be deported during this period we are waiting for a reply from the home office, others told me he would be at risk anyway and it`s almost impossible to get a permission from the home office.


Thanks in advance for your assistance.

Regards.

even if u wld wana go to india wih him, u will av to put few things in place here 1st b4 u go. u will need to live together for abt two yrs with proof to show as joint bills, account, tenancy agreement. then if u end up goin to india, these are the docss u will present as unmarried partners for him to get the EEA family permit to be with u in uk. i really wish it goes well for u guys. if u take yr time and seek more opinions frm this site, u will find very useful infomations on here frm other users.