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Overstayer with an EU partner, and a child

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Olawale
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Overstayer with an EU partner, and a child

Post by Olawale » Sun Apr 10, 2016 1:18 pm

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

member
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Re: Overstayer with an EU partner, and a child

Post by member » Sun Apr 10, 2016 1:31 pm

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?

Olawale
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Re: Overstayer with an EU partner, and a child

Post by Olawale » Sun Apr 10, 2016 1:37 pm

We have been together for close to 3 years, however, we only have letters to prove for over a year.

Obie
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Re: Overstayer with an EU partner, and a child

Post by Obie » Sun Apr 10, 2016 1:38 pm

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.
Smooth seas do not make skilful sailors

Olawale
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Re: Overstayer with an EU partner, and a child

Post by Olawale » Sun Apr 10, 2016 1:42 pm

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

zubby007
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Re: Overstayer with an EU partner, and a child

Post by zubby007 » Sun Apr 10, 2016 3:21 pm

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?

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Re: Overstayer with an EU partner, and a child

Post by zubby007 » Sun Apr 10, 2016 3:23 pm

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

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Casa
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Re: Overstayer with an EU partner, and a child

Post by Casa » Sun Apr 10, 2016 3:29 pm

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.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

zubby007
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Re: Overstayer with an EU partner, and a child

Post by zubby007 » Sun Apr 10, 2016 3:43 pm

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 :D

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Re: Overstayer with an EU partner, and a child

Post by Obie » Sun Apr 10, 2016 3:44 pm

Apply as durable partner.
Smooth seas do not make skilful sailors

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Re: Overstayer with an EU partner, and a child

Post by avjones » Sat Apr 23, 2016 10:05 am

What is your partner doing in the UK? Working? Studying?
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

Olawale
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Re: Overstayer with an EU partner, and a child

Post by Olawale » Sat Apr 23, 2016 10:12 am

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

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Re: Overstayer with an EU partner, and a child

Post by avjones » Sat Apr 23, 2016 10:50 am

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
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

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Re: Overstayer with an EU partner, and a child

Post by Obie » Sat Apr 23, 2016 11:34 am

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.
Smooth seas do not make skilful sailors

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Re: Overstayer with an EU partner, and a child

Post by avjones » Sat Apr 23, 2016 12:52 pm

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
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

Obie
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Re: Overstayer with an EU partner, and a child

Post by Obie » Sat Apr 23, 2016 1:01 pm

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.
Smooth seas do not make skilful sailors

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Re: Overstayer with an EU partner, and a child

Post by Wanderer » Sat Apr 23, 2016 1:03 pm

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.
An chéad stad eile Stáisiún Uí Chonghaile....

Obie
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Re: Overstayer with an EU partner, and a child

Post by Obie » Sat Apr 23, 2016 1:09 pm

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.
Smooth seas do not make skilful sailors

Olawale
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Re: Overstayer with an EU partner, and a child

Post by Olawale » Sat Apr 23, 2016 4:37 pm

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

Olawale
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Re: Overstayer with an EU partner, and a child

Post by Olawale » Fri Jul 15, 2016 6:07 pm

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

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Re: Overstayer with an EU partner, and a child

Post by noajthan » Sat Jul 16, 2016 2:28 pm

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.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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