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Hello I will appreciate if someone can shape my thoughts here I overstated my student visa in UK and I and my fiancée have been together for close to 2 years we are ready to marry but I can not cause of my status in UK. She is ready to go with me to my country to marry but I am afraid if I will be able to come back I am non eu she is Portuguese. Please help someone with similar experience

You can indeed marry in the UK. You an also apply for a RC in the UK as an unmarried partner, depending of course in the amount of evidence you have of both of you having a relationship "akin to a married couple".

I'd apply for a RC as an unmarried partner and once married, I'd submit further evidence to "upgrade" the application as a married partner of a EEA citizen.

Many thanks Aleko for reply I can't marry here bcos of my status the immi will come to pick one hence me and my partner thinking of goiing to my country get a schegen and then do a singh thru calais to come back to uk. If u can pls tell me more about the unmarried and marrriage route in uk

While it is true that the UKBA could turn up at the ceremony, you should not worry about it if the relationship is genuine. The UKBA could visit you at home or work at any time anyway.

If your Portuguese partner is currently a "qualified person" in the UK, you could marry abroad and apply for a Family Permit to join her back in the UK.

If you do want to go with her to Portugal, it'd be under the Immigration Rules of Portugal not under Directive 2004/38/EC.

pls aleko tell me how to do the upgrade from unmarried to married with regards to the rc thing. my girfriend really want to marry me but i am scared the immi will get notice of me