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Overstayer with an EU partner, and a child
Posted: Sun Apr 10, 2016 2:18 pm
by Olawale
Hi all. I am a Nigerian overstayer. I came into the uk in 2010, and overstayed a tier 4 student visa after expiry in 2011. However, I am in a relationship with a Spanish national, and she has a 3 year old from a previous relationship. We all live together.
What are my chances, as to regularising my stay in the uk. Thanks
Re: Overstayer with an EU partner, and a child
Posted: Sun Apr 10, 2016 2:31 pm
by member
Olawale wrote:Hi all. I am a Nigerian overstayer. I came into the uk in 2010, and overstayed a tier 4 student visa after expiry in 2011. However, I am in a relationship with a Spanish national, and she has a 3 year old from a previous relationship. We all live together.
What are my chances, as to regularising my stay in the uk. Thanks
How long have you been together?
Re: Overstayer with an EU partner, and a child
Posted: Sun Apr 10, 2016 2:37 pm
by Olawale
We have been together for close to 3 years, however, we only have letters to prove for over a year.
Re: Overstayer with an EU partner, and a child
Posted: Sun Apr 10, 2016 2:38 pm
by Obie
Olawale wrote:Hi all. I am a Nigerian overstayer. I came into the uk in 2010, and overstayed a tier 4 student visa after expiry in 2011. However, I am in a relationship with a Spanish national, and she has a 3 year old from a previous relationship. We all live together.
What are my chances, as to regularising my stay in the uk. Thanks
How long has the Spanish National been residing in the UK, and what is the nationality of her child, apart from Spanish.
Re: Overstayer with an EU partner, and a child
Posted: Sun Apr 10, 2016 2:42 pm
by Olawale
She has been here for close to 3 years too, as she moved down to the uk because of me, even as the baby was just 3 months old.
The child is just Spanish, no other nationality
Re: Overstayer with an EU partner, and a child
Posted: Sun Apr 10, 2016 4:21 pm
by zubby007
Olawale wrote:She has been here for close to 3 years too, as she moved down to the uk because of me, even as the baby was just 3 months old.
The child is just Spanish, no other nationality
Are you the father of her child?
Re: Overstayer with an EU partner, and a child
Posted: Sun Apr 10, 2016 4:23 pm
by zubby007
zubby007 wrote:Olawale wrote:She has been here for close to 3 years too, as she moved down to the uk because of me, even as the baby was just 3 months old.
The child is just Spanish, no other nationality
Re: Overstayer with an EU partner, and a child
Posted: Sun Apr 10, 2016 4:29 pm
by Casa
Olawale wrote:Hi all. I am a Nigerian overstayer. I came into the uk in 2010, and overstayed a tier 4 student visa after expiry in 2011. However, I am in a relationship with a Spanish national, and she has a 3 year old from a previous relationship. We all live together.
What are my chances, as to regularising my stay in the uk. Thanks
It appears from the above post that Olawale is not the father of the child.
Re: Overstayer with an EU partner, and a child
Posted: Sun Apr 10, 2016 4:43 pm
by zubby007
Casa wrote:Olawale wrote:Hi all. I am a Nigerian overstayer. I came into the uk in 2010, and overstayed a tier 4 student visa after expiry in 2011. However, I am in a relationship with a Spanish national, and she has a 3 year old from a previous relationship. We all live together.
What are my chances, as to regularising my stay in the uk. Thanks
It appears from the above post that Olawale is not the father of the child.
Thanks Casa was wrong question I wasn't thinking
Re: Overstayer with an EU partner, and a child
Posted: Sun Apr 10, 2016 4:44 pm
by Obie
Apply as durable partner.
Re: Overstayer with an EU partner, and a child
Posted: Sat Apr 23, 2016 11:05 am
by avjones
What is your partner doing in the UK? Working? Studying?
Re: Overstayer with an EU partner, and a child
Posted: Sat Apr 23, 2016 11:12 am
by Olawale
avjones wrote:What is your partner doing in the UK? Working? Studying?
Thanks Amanda. She works full time and makes about 500 every forthright. We Also have payslips to prove this
Re: Overstayer with an EU partner, and a child
Posted: Sat Apr 23, 2016 11:50 am
by avjones
You should check the minimum wage regulations - 500 a fortnight doesn't sound like minimum wage.
She is "exercising treaty rights" by working, so you need to (1) show that she is doing that and (2) gather evidence that you are in a durable relationship
Re: Overstayer with an EU partner, and a child
Posted: Sat Apr 23, 2016 12:34 pm
by Obie
avjones wrote:You should check the minimum wage regulations - 500 a fortnight doesn't sound like minimum
Those principles are not applicable under EU law, so long as the employment is genuine and effective.
Re: Overstayer with an EU partner, and a child
Posted: Sat Apr 23, 2016 1:52 pm
by avjones
I know. That's why separately I pointed out she is exercising treaty rights! I am merely alerting the OP to check that his partner isn't being exploited by being underpaid
Re: Overstayer with an EU partner, and a child
Posted: Sat Apr 23, 2016 2:01 pm
by Obie
I am content if the advise is confine to preventing exploitation.
But in any event, £500 every fortnight does not say much, in the absence of the hours a person works, whether it is part time or full time or agency.
Re: Overstayer with an EU partner, and a child
Posted: Sat Apr 23, 2016 2:03 pm
by Wanderer
Obie wrote:I am content if the advise is confine to preventing exploitation.
But in any event, £500 every fortnight does not say much, in the absence of the hours a person works, whether it is part time or full time or agency.
OP said full time, so it does look like the OP's partner is being exploited unless there is something we don't know.
Re: Overstayer with an EU partner, and a child
Posted: Sat Apr 23, 2016 2:09 pm
by Obie
Well the OP's wife is also studying, so it is possible that OP interpretation of full time is clearly inconsistent with reality. Although I accept it is possible in exceptional cases, it is unlikely in the majority of cases that a person may work full time and study aswell.
In any event the thread is about residence card entitlement. We should stick to that.
Re: Overstayer with an EU partner, and a child
Posted: Sat Apr 23, 2016 5:37 pm
by Olawale
Obie wrote:Well the OP's wife is also studying, so it is possible that OP interpretation of full time is clearly inconsistent with reality. Although I accept it is possible in exceptional cases, it is unlikely in the majority of cases that a person may work full time and study aswell.
In any event the thread is about residence card entitlement. We should stick to that.
Thanks all. She works full time, and gets about 500 pounds every 2 weeks. I want to believe it would go up, as the minimum wage has been increased .
Thanks all , for your advice. I Wil try to make an application
Re: Overstayer with an EU partner, and a child
Posted: Fri Jul 15, 2016 7:07 pm
by Olawale
Hi all.
I was wondering, how do I update the home office of change of employments details of my partner. We made an fm appliaction, but she has changed jobs for about a month now.
Thanks
Re: Overstayer with an EU partner, and a child
Posted: Sat Jul 16, 2016 3:28 pm
by noajthan
Olawale wrote:Hi all.
I was wondering, how do I update the home office of change of employments details of my partner. We made an fm appliaction, but she has changed jobs for about a month now.
Thanks
Simply write to HO.