Looking for Immigration advice as an undocumented immigrant!

[kristi2709]

Hi guys!

I am from Albania- a non EEU country living in The UK, I have been granted NRM positive grounds decision and I would
like to continue living, working in this country, hopefully study at some point. I am based in Midlands at the moment.

My girlfriend which has been living in The UK since 2018 and has settled status, is happy to sponsor me and help me, we even thinking
of getting married , will marriage with her get me any sort of help to settle or receive a permit?

And if not any other suggestions you might have?
Thank you!

[secret.simon]

My girlfriend which has been living in The UK since 2018 and has settled status

Is your girlfriend an EEA citizen?

[kristi2709]

Yes she is an EEA citizen with a settled status.

[secret.simon]

will marriage with her get me any sort of help to settle or receive a permit?

As she is an EEA citizen with settled status, marrying her can help you regularise your status.

But be aware that any application to the Registrar to get married legally will almost certainly get referred to the Home Office before the marriage.

If you are permitted to marry, after the marriage, you can then apply for pre-settled status as the spouse of an EEA citizen settled in the UK.

The marriage must last at least three years for you to retain your residence in the UK.

[CR001]

will marriage with her get me any sort of help to settle or receive a permit?

As she is an EEA citizen with settled status, marrying her can help you regularise your status.

But be aware that any application to the Registrar to get married legally will almost certainly get referred to the Home Office before the marriage.

If you are permitted to marry, after the marriage, you can then apply for pre-settled status as the spouse of an EEA citizen settled in the UK.

The marriage must last at least three years for you to retain your residence in the UK.

The Op will likely only have the more difficult spouse visa as an option if the relationship and marriage to the EU citizen did not take place before 31 December 2020.

https://www.gov.uk/settled-status-eu-citizens-families

[secret.simon]

The Op will likely only have the more difficult spouse visa as an option if the relationship and marriage to the EU citizen did not take place before 31 December 2020.

https://www.gov.uk/settled-status-eu-citizens-families

Good catch, CR001. I had forgotten of that requirement.

In this case, the OP can only qualify for the same visa route, with the same costs and the same protections (or lack thereof) as the spouse of a British citizen.

[kristi2709]

What are the criterias for a spouse visa to be accepted ?

[CR001]

You should apply from your home country for a less difficult application as you will likely be put on the 10 year FLR(FP) route, IF approved, as you have no legal status in the UK. Also note that if you are not married, you are required to show 2 years evidence of living in a relationship akin to marriage with share responsibilities.

https://www.gov.uk/uk-family-visa/partner-spouse

UKVI will likely expect you to apply from your home country and will see no reason why you cannot do this.