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hello please i need the advice of the great people of this forum. i was with an eea national which i applied for a resident card when i was with her.. however we split up before my appplication came back .. my application was refused.. just about 3 months after i split up i got a divorce from her.. however before all that i have been seeing a british national girl who after i split with my eea national parter we got serious... after my divorve i decided to get married to my british gf.. however the home office arrested me at the wedding for being an overstayer but i was released after 2 hours and grnated temporary admission.. what i want to know is .. what could possible be going on with my case ...does it mean them knowing about my new circumstance is an application ? and also can i go ahead with my married with my british national since ive been released and granted temporary admission ?

Were you married to this EEA national?

How long were your married for?

How long had you lived in the UK for?

What is your situation regarding this British Woman?

I am transferring your post to the EEA application Section.

Yes I was married to the eea natiinal for a year and half z, I've lived in the uk for four years. Am living with my british partner now we have a baby on the way. I've been asked to report monthly at the reporting center. While I was there yesterday they called my partner asking if she supports me to remain in the uk and how long we've known eachother. We've known eachotjer for two years. I just don't know what's gna happen now me and my british gf will like to get married before she get big. Am just worried if tjey will turn up there again even thou they've given me temporary admissiom. And also I don't understand if my change of circumstance amount to a new claim and an apllication

the only way is Nigeria,you need to go back to Nigeria and she need to meet you there and get married,then you can apply for a marriage visa.but if you want to apply here you have no ground except you want to claim right to family life but nowadays it is not easy.

Hi thanks but it is gna be hard to apply from nigeria for spouse visa because we dnt meet finsncial requirement. My partner only works psrt time

When are you expecting your baby? That is very important because you will have "right to family life" if you become a father. If you have a custody to a child who is a British citizen, then it's very unlikely that you will be kick out.

My baby not due until october. And I am resposible for the care of my gfs child from a previous relationship

Well, congrats in advance. Let say you are expecting your child October and you have custody of a child who is a British Citizen. With your family ties intact, it's very unlikely that you will be kick out. I will advice you to get a good lawyer to handle your case.

emmanuel_femi2003 wrote:My baby not due until october. And I am resposible for the care of my gfs child from a previous relationship

do you have PROOF that the child is dependant upon you? (not your unborn baby, but your g/fs child... - IE: doctors letters, school, ETC ETC ETC)

From my understanding: A child has no rights until it is born... therefore you cannot base any case upon your unborn child. However... once the child is born, and FLR(O) application citing EX.1. should mean that you gain a visa outside of the rules... - even if the application fails, it shouldnt upon appeal...

note that EU law states the following:

Arcticle 24 (of charter of fundamental rights of EU) Rights of a Child:

Reads as follows:

2. In all actions relating to children, wheather taken by public or
private instistions,the child's best interest must be a primary
consideration.

3. Every child shall have the right to maintain a personal
relationship on a regular basis and a direct contact with both his
or her both parents, unless that is in contrast to his or her best
interests.

I would advise contacting a solicitor too... does retention of rights - apply? Are you employed? have you been employed since splitting with your ex wife? (basically, EEA law states if you get a divorce, your rights remain, if you act in the manner as an EEA national - IE: Are a worker / self employed)

Hello thanks for the reply. I don't thinki will have retention of right as I was only married for just over a year. I have prove that the british child is dependant on me. Also when I got released I was given a statement of additional ground for to state any grounds why they shouldn't remove me. And I have summited it to them ? Does that mean it is a form of application to be considerred ? And if so me and my british partner are planning to marry again at the end of this month. Does anyone know if it it safe for us and they won't turn up as I am on temporary addmision. And also cos I don't work I can't afford a solicitor its really hard. So any advice from people with legal knowledgw will be great

It's very unlikely they will turn up on your wedding day if you dont break the terms and conditions of your Temporary admission(TA). Although the marriage registry can inform the UKBA, but that wouldnt mean they will revoke your TA which gives you the right to live here for the time being. It's a risk, but it's worth taking after all you dont have anything to loose. Things cant get worse than it is for you now.

hello thanks .. yeah am not breaking my terms of temporary admission ive been going to the reporting when they asked me to.. thanks

emmyfem20 wrote:hello thanks .. yeah am not breaking my terms of temporary admission ive been going to the reporting when they asked me to.. thanks

note: unlike a pregnant woman, they can remove you at any point...

I advise you not to break the terms of the TA, but be careful, because its noted on the IS96 that you can be detained at ANYPOINT. - this is most likely upon reporting...

(why go after somebody, if they are gonna come to you)...

I'd advice collecting PROOF of your family life, etc in the UK...

and also collect as much evidece of your friends, family etc - letters from church, social groups etc...

and submit a FLR(O) - theres a lot of money involved... but the sooner you submit it the better position you will be in...

get married if thats what you want... - whether they will turn up is dependant upon the day etc... - obviously, a married man has a stronger claim for Article 8 than an unmarried man.

I also draw attention to the following for your inclusion in Article 8 claim:
Article 24- TFEU - childrens rights
United NAtions rights of the child
---- both state regular meaningful contact with both parents

also Sec 55 of the act means that they have to take all childrens interests into account... NOT ONLY YOUR CHILDREN BUT ANY CHILD AFFECTED! - INCLUDING NEICE, NEPHEW, NEIGHBOURs ~(imagine their mom cant go shopping, so your the charitable soul who goes and does her shopping so as she can feed their kids... without your help the children would be affected... - a big impact? no - but all the little things add up to one big thing... if 100 little disadvantages... is that better than letting you stay?)

Hello thanks for the reply. Ill try and do just that do you have an idea of how much a flr o application costs ? And also I don't knw if I shld tell them about my intenced wedding on my next reporting ?

Hello femi, am one time just like u, I was arrested at work went to jail for 9 month but before I was arrested I was dating an EU lady and read to marry me, so after my jail I was released on temporary admission. I was asked to report every week at the reporting center which I did at the same time am looking to how to get married, so i will advice u and your lady to start going to church of England around your house and let your lady approach the vicar that she went to get married and she need a date because she is English she is has the right to get married and with your TA you can use it as your ID. All you need is the wiliness of your lady to be strong and reedy to help. Get married first before you start talking about financial requirement. I was able to get married in the church and I get my RC and PR after 5years, so it can be done, be strong and your lady have a role to play if she love.

the best option for you is to apply as unmarried partner of a british national. you have a baby on the way, so you ll get it.
you can pm me if u want detail advice

LEGAL SOLUTION wrote:the best option for you is to apply as unmarried partner of a british national. you have a baby on the way, so you ll get it.
you can pm me if u want detail advice

With your suggestion, the OP will have to meet up with new financial requirement.

manymen wrote:

LEGAL SOLUTION wrote:the best option for you is to apply as unmarried partner of a british national. you have a baby on the way, so you ll get it.
you can pm me if u want detail advice

With your suggestion, the OP will have to meet up with new financial requirement.

NOT when the baby is BORN

a child has no rights until they are born

But afterwards, the Zambrano principle comes into play for Ex 1 but note: IT IS DISCRETIONARY and not 100% guarenteed!

also for wedding:

this is why a church is better:


31.10- registry office visits (easy for them)
31.11 - religious visits (very hard, lot of people to notify and lots of approval not the wording in the document - will pretty much be a no go area)

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

toni34 wrote:but nowadays it is not easy.

right and wrong:

Please note from the precedent in AG [Eritrea] [2007] EWGA CIV 801; that the threshold for article 8 to be engaged is not “a special OR a high one”.

http://www.bailii.org/ew/cases/EWCA/Civ/2007/801.html

The decision, while clearly illustrating the principle for which Lord Bingham cites it, does not say or imply that the minimum level of severity required to bring a case within the article is a special or a high one.

....

28. It follows, in our judgment, that while an interference with private or family life must be real if it is to engage art. 8(1), the threshold of engagement (the "minimum level") is not a specially high one. Once the article is engaged, the focus moves, as Lord Bingham's remaining questions indicate, to the process of justification under art. 8(2). It is this which, in all cases which engage article 8(1), will determine whether there has been a breach of the article.

Hi thanls for the replied. I am reporting monthly I've been this month. When I got arrested I was given a is76 form statement of additional ground which I submitted. The last time I went I asked about what's the progress of my case and I was given a number to call to find out who my case owner is and talk to them which I did. When I called I coudltn get thru. My problem now is I don't knw if that is76 form I submitted is a form of application ? Or apeal ? Does anyone know please ?

hello just an update .. so i was ablw to get married to my partner in last month without any hindrance ... considering my post and situation .. does anyone have an advice on what the next best step to take is.. thank you

Congrat mate. You are getting there.

Thanks. Please I really need advice on what next step to take as I am really confused and worried. Different solicitors saying different things. Please help me people of this forum. I need a ideas

emmanuel_femi2003 wrote:Thanks. Please I really need advice on what next step to take as I am really confused and worried. Different solicitors saying different things. Please help me people of this forum. I need a ideas

I assume that you managed to have your marriage done? If so, then be specific about what help you really want.