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will father of EEA child be deported?
Posted: Thu Dec 13, 2012 1:38 am
by smith84uk
hi everyone and merry christmas in advance!
i came to the UK with a visit visa and its expired but i met a polish girl and fell inlove and we are in a relation. we are expecting a baby due for a few weeks. we wanted to get married but people told me i am illegal and can not marry her. i have to go back to my country and marry her and obtain an EEA family member residence permit but now i can not go back becoz she need all my support as her partner and father to her baby. my question is is there any means by which i can apply as EEA family member of my child which is to be born in the coming weeks and get a legal status back in the UK and be able to work here and take care of my child??
many thanks in advance for all you immense ideas and support
Posted: Thu Dec 13, 2012 3:53 am
by Wydmuch
Hi
In my opinion the worst scenario is that UKBA will turn up on the date of your wedding and you will not be deported but you will be removed from country as overstayer. From what i know once you are married it shouldn't affect your right to come back to UK as EEA family member, but let's others have voice in that matter as well.
Posted: Thu Dec 13, 2012 4:11 am
by Wydmuch
On the second thought, most likely you will be removed, because people from registrar will see your passport and that u don't have visa, most likely they will inform UKBA. I think your friends give you better advice just marry in your country.
Posted: Thu Dec 13, 2012 5:14 am
by toni34
read my post,i was in the same situation like you two or three years ago,you dont need to get married now,just wait for the child to be born,then applied as a partner,i did that and i was granted my eea2 within 12 weeks
Posted: Thu Dec 13, 2012 5:16 am
by toni34
dont go to registry now,trust me they will surely come there,that is 100 percent
Posted: Thu Dec 13, 2012 8:17 am
by John
I think your friends give you better advice just marry in your country.
Or indeed get married in Poland? Her country.
Posted: Thu Dec 13, 2012 8:51 am
by smith84uk
many thanks toni34, you seem experienced in my kind of situation. ok what document i need to apply with?
Posted: Thu Dec 13, 2012 8:55 am
by smith84uk
thank you john for your contrubution. i wish i could get married to her in poland but as i earlier told that my visa is expired and i can not travel or request for a visa becoz they will arrest me for overstayed visit i UK. or is it possible for me to marry in any polish embassy in England? help me . thanks
Posted: Thu Dec 13, 2012 10:04 am
by John
is it possible for me to marry in any polish embassy in England?
Even if that is possible, do not do it! Whilst such a marriage would no doubt be recognised by Poland, it would not be recognised by the UK. So would not help your UK visa situation at all.
Posted: Thu Dec 13, 2012 2:03 pm
by Obie
How long has your relationship lasted, and have you got any proof of cohabitation?
Is there any joint bill or anything to prove you have been living together?
Posted: Thu Dec 13, 2012 2:29 pm
by smith84uk
thank you so much john. i will not try that at all then. thanks for your great idea.
Posted: Thu Dec 13, 2012 2:33 pm
by smith84uk
Obie we have been living together just 10 months and yes we have sonw join cohabition in letter like in her mobile phone bills, TV licence, barclaycard bank statement. will any of it help at all? and we are expecting our baby in few week
Posted: Thu Dec 13, 2012 2:45 pm
by John
we have been living together just 10 months
Given that 10 months is less than 2 years, expect your application for a Residence Card to be rejected. You have to prove a "durable relationship" and whilst that is not defined in the EU Directive, UKBA have determined that the couple need to live together for at least 2 years before getting within the definition of "durable relationship".
However, given that a baby is expected in the near future, it might be worth appealing, and arguing that the baby makes the relationship durable even before two years. Expect UKBA to fight that idea, but it will be up the Judge to decide.
In the meantime, probably not a good idea to leave the UK. Suspect you would struggle to get back into the UK.
Posted: Thu Dec 13, 2012 3:07 pm
by Obie
Also see latest Authority on this issue.
[b]Dauhoo[/b] wrote:21. Although Mr Subramanian did not raise the point, it is accepted by the Tribunal in reported decisions that despite the reference in UKBA European Casework Instructions to proof of a durable relationship requiring evidence that the relationship has lasted two years, the concept of a durable relationship is a term of EU law and as such it does not impose a fixed time period: see YB. Having said that, on the judge’s findings the relationship had only been shown to exist, if at all, very recently and on the appellant’s own evidence his partner was economically self sufficient. Mr Subramanian sensibly did not seek to argue that the appellant was entitled to succeed in showing that the relationship was durable if only a very recent relationship could be established. For the avoidance of doubt I would add that on the basis of the evidence before the FTT judge a durable relationship had not been established.
At least applying may ensure you have a pretty smooth wedding without the threat of potential aggreviation or disruption from unwelcomed guest.
It is noteworthy that there was no child in the relationship of that applicant, and so was the case with YB. I believe weight might be added to the fact that there is a child or an imminent expected one in your relationship. Event though that will not be a paramount consideration, it will certainly be a weighty one.
Posted: Sat Dec 22, 2012 4:56 pm
by toni34
but mine was less than 2 years when we applied and i was granted,i think one of the ways to prove durable relationship is been together for two years or more,but definitely if you have a child together it is a stronger evidence,so my advise is keep calm wait till your child is born then apply.you will be given.
Posted: Tue Dec 25, 2012 11:49 pm
by spike_UK
John wrote:we have been living together just 10 months
Given that 10 months is less than 2 years, expect your application for a Residence Card to be rejected. You have to prove a "durable relationship" and whilst that is not defined in the EU Directive, UKBA have determined that the couple need to live together for at least 2 years before getting within the definition of "durable relationship".
However, given that a baby is expected in the near future, it might be worth appealing, and arguing that the baby makes the relationship durable even before two years. Expect UKBA to fight that idea, but it will be up the Judge to decide.
In the meantime, probably not a good idea to leave the UK. Suspect you would struggle to get back into the UK.
If the cohabitation is less than two years but led to marriage or a baby is recognised as a "durable relationship" I was told this by a HO secretary which I met her at the appeal day, so yes wait for your baby to come and he will gave you happiness(you can apply without a problem) but I will suggest that you two have a tenancy agreement. Good luck mate.
Posted: Thu Dec 27, 2012 11:46 pm
by smith84uk
Thank you all..
Toni34 i am happy i can get such support and advice from you as you were in thesame situation. But my girl friend is polish. So it means that baby will be polish eu citizen. Will it help me? I though maybe if my girlfriend was british and my baby to be born will be briyish too then it will help me. Wil it make any difference becoz my girlfriend is polish? Thank to you all mate for you contribution
Posted: Fri Dec 28, 2012 1:39 am
by Obie
I have deleted one of your multiple post as i assume it was done by accident.
It really will not make a difference if your child does not acquire British Citizen at birth. To be honest i believe it will even be a plus, as his right as union citizen is automatically engaged, without any exceptional circumstance needed to be present.
Once the baby is born, i believe your case will be stronger.
Union citizen
Posted: Fri Dec 28, 2012 12:41 pm
by smith84uk
Please Obie accept my immense gratitude towards all your quick respond. Please you make mention of a strange word to me "Union Citizen".. Sincerely i dont know what it means. Can you or any literate body in this forum help me with the mean? .. Its ok for delating any mistaken coment i did. Many thanks
Posted: Fri Dec 28, 2012 2:08 pm
by Obie
Union Citizen means any citizen of the EU memberstates. Where the rights are being exercised in the UK, then a UK citizen is exempted from this requirement, except in exceptional circumstances such as, but not limited to Singh and Zambrano.
Re: Union citizen
Posted: Fri Dec 28, 2012 2:11 pm
by boloney
smith84uk wrote:Please Obie accept my immense gratitude towards all your quick respond. Please you make mention of a strange word to me "Union Citizen".. Sincerely i dont know what it means. Can you or any literate body in this forum help me with the mean? .. Its ok for delating any mistaken coment i did. Many thanks
EU Citizen
Posted: Sat Dec 29, 2012 9:07 am
by smith84uk
Thank you so very much. You guys have been of gret help to m through out. happy near in advance!