Regularise stay in the UK

Hi. I am an European citizen in the UK for almost eight years. My partner told me initially that he had permanent stay in this country but later I came to find out that this was not the case , he is working with his brother passport. He is not legally in the UK.

We have a child with almost one year old . He proposed to marry me in our church , Church of England but I am very suspicious of his because I don't know how can someone in his situation marry in the UK.

Other question I have is regarding my status. Though I am European I spent three years studying for my Phd. I think ths means I haven't made full use of my treaty rights.

Can anyone tell me , please , how can he regularise his stay? I would prefer if that was not through me as a partner but if i have to be so , how?

Thanks

Lara

lara7 wrote:We have a child with almost one year old . He proposed to marry me in our church , Church of England but I am very suspicious of his because I don't know how can someone in his situation marry in the UK.

Other question I have is regarding my status. Though I am European I spent three years studying for my Phd. I think ths means I haven't made full use of my treaty rights.

Studying is a treaty right, but there are restrictions in place if you are from one of the new member states. If you are a national of "old Europe", it is not a problem.

Marrying would be a good move, because as a spouse he would have the right of residence, without preconditions. Of course he has to marry under his real identity.

I would prefer if that was not through me as a partner but if i have to be so , how?

It would be much easier for him to use the family based European immigration. If he applies on his own, he has to apply under UK law for labour based immigration. Depending on his qualification and professional experience this can be easy or difficult. He would certainly have to go back to his home country to apply, and he has to do so before October to make use of the current "amnesty".

Tom

Thank you for your reply.

If I am under a bursary for more three years ( under a bursary but 'working') will he be asked to leave the country?

And as I was studying before won't he still be asked to leave the country just the same because I was not working.

Is this related to the requirement that an EEA ( Portugal/Spain) must have a resident permit card before a non EEA can obtain a derived right to remain in the UK as a spouse/partner?

Other point if I am receiving child benefit , won't this be a point against his application as an EEA?

Sorry for the intricated plot. Please advise me. Thank you very much

lara7 wrote:Hi. I am an European citizen in the UK for almost eight years. My partner told me initially that he had permanent stay in this country but later I came to find out that this was not the case , he is working with his brother passport. He is not legally in the UK.

We have a child with almost one year old . He proposed to marry me in our church , Church of England but I am very suspicious of his because I don't know how can someone in his situation marry in the UK.

The Certificate of Approval rules do not apply to Church of England marriages. However that does not mean he can automatically switch to spouse status afterwards.

It may help matters of you tell us:

1. What EEA state are you from?
2. Have you got a British passport for your child?
3. What nationality is your partner?

Thank you for your reply.

1. Portugal
2. Nigeria ( illegal entrant in the United Kingdom)
3. I was told that the child cannot have a British Passport because I am Portuguese .

His solicitor asked to see me ( Re: EEA application).

i was informed by my supervisor that a post doc research is classified as work and that they will be happy to supply me with any requred documents.

I guess that w can go ahead with the application.


thanks Immigration boards. Case dismissed!!!!!!!!!!!!!!