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There are two problems with the lawyers' assertion:
I do not think it is an reliable option for overstayers.Is getting married in the UK an option then?
This is the second difficulty. The marriage would need to take place in 2020, because only family relationships that start before that date qualify for the Settlement Scheme. As with unmarried partners, the start of the relationship is not when you met or started going out, it is the wedding date. So no wedding, no relationship.And does the marriage have be take place till end of 2020 or June 2021?
Correct. Not impossible.
This is really the least of your worries. Many people have seen their EU applications refused by silly errors, missing documents, etc. only to be corrected in a further application that is then approved.Also what happens if for some reason the EUSS or the EEA RC application fails?
Will that affect future Visa applications?
Or it doesn't matter?
We are worried if one failed application makes things worse in the future, instead of better.
I'm sorry to be a pain, but the requirement to allow for 70 days to give notice is, to my knowledge, inflexible. And there are only 43 days left of 2020.Zerubbabel wrote: ↑Wed Nov 18, 2020 4:25 pmCall your council and see what they are offering at the moment in terms of dates considering your particular situation. In any case, being married always strengthen your case regardless which immigration route will be taken in the future.
Yes she has a passport. Her embassy doesn't do residence checks to renew them.Zerubbabel wrote: ↑Wed Nov 18, 2020 4:25 pmDoes she hold a valid passport? Many overstayers I met don't. That can be a big issue.
So if i call the council they will give me a date after 70 days?
70 days notice is the legal requirement if one person is from outside of the EU.
Not wanting to be intrusive but...Something i forgot to mention is that the pregnancy is through fertility treatment.
So our names are in the documents.
Will that help to strengthen our case?
Every application is different. At the end of the day, the wider context and the balance of probabilities that you can present to the caseworker is what will determine the outcome of your application.Or marriage is even more important, if somehow we pull it off?
The only nationality that is not subject to the deadlines discussed above, and who would benefit of a more allowing deadline of 2025 to get married, is Swiss citizens. Switzerland is not part of the EU, and since the OP is describing themselves as an EU citizen I'm assuming they are not Swiss.euspouse07 wrote: ↑Thu Nov 19, 2020 3:43 amOP did say that he is Eu national but did not specify the nationality as some EU NATIONALS treated in a different way.
Correct... that's European Union, not Switzerland.
You are confusing RC with PR, and as a result, you are comparing apples and oranges. Try to think/find out what the letters mean:
No one has told you to apply for PR. I said EEA RC.The EEA (PR) clearly states that a valid residence documentation (registration certificate, residence card, or EEA family permit) throughout the relevant qualifying period is needed.
Not more appropriate but actually the only option.Maybe the EEA (EFM) is more appropriate.
Hi... good to know you have been successful.afrogonzo wrote: ↑Fri Nov 20, 2020 2:49 pmJust to add my own input here, i was an overstayer 2015 to 2020 , I applied for EFM unmarried partner with my girlfriend , We got the residence card in August this year and I got pre-settled stutus in september .
There is hope so long as you have your proof of cohabiting
I was wondering if they have paid for the IVF (if they had this in the UK) as it is not a free NHS service for an overstayer. Nor is NHS maternity care and birth, a free service for an overstayer: the NHS will treat her for maternity care and birth because this is classed as an emergency, but she still has to pay. They add 50% to NHS bill if there is not insurance to pay. Her total NHS debt so far, could run in tens of thousands and will keep going until she has permission to be in the UK.
My comment was meant to highlight the fact that a pregnancy is perhaps one of the most delicate times in the life of a woman. Add to that the fact that pregnant women are one of the demographics at risk during the pandemic. Add to that overstayers face higher barriers to access health care than regularised residents. Add to that that the birth itself will put her, and her legal status, on the spotlight.JB007 wrote: ↑Tue Nov 24, 2020 12:11 pmI was wondering if they have paid for the IVF (if they had this in the UK) as it is not a free NHS service for an overstayer. Nor is NHS maternity care and birth, a free service for an overstayer: the NHS will treat her for maternity care and birth because this is classed as an emergency, but she still has to pay. They add 50% to NHS bill if there is not insurance to pay. Her total NHS debt so far, could run in tens of thousands and will keep going until she has permission to be in the UK.
Even those paying the Immigration Health Surcharge with their visa, cannot have free IVF beacuse IVF is an optional healthcare and expensive. Under EU routes, the EU says the UK must give bill free heatlhcare, as a British citizen living in the UK can have.
Until he comes back to tell us, we won't know why. Looking at his opening post, he arrived in the UK after the UK voted to leave the UK, has not got settlement and therefore his baby will not be born British; then there was Brexit on 31 January 2020 and the end of the transition period 31 December 2020 - perhaps they thought her getting pregnant is a way for an overstayer to stay in the UK? Now they are looking at how she can stay in the UK for free, by using the EU?kamoe wrote: ↑Tue Nov 24, 2020 1:10 pmMy comment was meant to highlight the fact that a pregnancy is perhaps one of the most delicate times in the life of a woman. Add to that the fact that pregnant women are one of the demographics at risk during the pandemic. Add to that overstayers face higher barriers to access health care than regularised residents. Add to that that the birth itself will put her, and her legal status, on the spotlight.JB007 wrote: ↑Tue Nov 24, 2020 12:11 pmI was wondering if they have paid for the IVF (if they had this in the UK) as it is not a free NHS service for an overstayer. Nor is NHS maternity care and birth, a free service for an overstayer: the NHS will treat her for maternity care and birth because this is classed as an emergency, but she still has to pay. They add 50% to NHS bill if there is not insurance to pay. Her total NHS debt so far, could run in tens of thousands and will keep going until she has permission to be in the UK.
Even those paying the Immigration Health Surcharge with their visa, cannot have free IVF beacuse IVF is an optional healthcare and expensive. Under EU routes, the EU says the UK must give bill free heatlhcare, as a British citizen living in the UK can have.
Why on earth would anyone intentionally become pregnant before regularising their legal status, specially during this unprecedented sanitary crisis? (the caseworker WILL ask this question, and not inauspiciously).