Immigrationboards.com

Hi,

I am an EU citizen exercising my treaty rights. Me and partner who is an overstayer and pregnant of 7 Months with our baby, we are planning to get married soon. We are worried what might UKBA do to her whilst she is home alone and they arrest her. We are in a relationship for almost a year now and she is from SouthEast Asia.

I need your assessment about my situation, and advise as well on what she can do. I am worried that if the UKBA will threaten her she will give birth out of her due date and could cause miscarriage due to the stress she will get from them.

What if she will be detained?
Who should we contact when UKBA will storm our house?

Thanks

Why you are thinking like that?
Are you a day dreaming?

she should not worry at all because she is pregnant with an EU national child. I also think for safe side you can try to send her EEA2 application on unmarried basis and i heard that if partners have child or be pregnant then the relationship duration lesser than 2 years can work for unmarried partner application.

Imshzd wrote:Why you are thinking like that?
Are you a day dreaming?

I am not day dreaming at all - Maybe nightmare dreaming about what UKBA can do to my partner. Because we don't know what to do if the worst case situation happens

If your relationship is genuine then nothing to worry.

The title of your post is misleading... I thought she had already been arrested! Hardly likely that UKBA officials will barge into your home to arrest her (unless she is some sort of criminal whom the authorities are actively searching ). Has she made any effort to legalize her stay since your relationship began? Perhaps putting in an EEA application asap, on the basis of your relationship, wouldn't be such a bad idea. At least she'll be in the system, as opposed living in fear as to what 'they' might or might not do. All the best.

Universal soldier wrote:she should not worry at all because she is pregnant with an EU national child. I also think for safe side you can try to send her EEA2 application on unmarried basis and i heard that if partners have child or be pregnant then the relationship duration lesser than 2 years can work for unmarried partner application.

Yes. The title of the post is hugely wrong and irrelevant

Universal soldier wrote:

Universal soldier wrote:she should not worry at all because she is pregnant with an EU national child. I also think for safe side you can try to send her EEA2 application on unmarried basis and i heard that if partners have child or be pregnant then the relationship duration lesser than 2 years can work for unmarried partner application.

Yes. The title of the post is hugely wrong and irrelevant

Sorry, I didnt mean to mislead you guys. I am just trying to see what things I can do if that situation happens, but thanks for the feedback.

I will not go as far as to say, your post tarnishes the reputation of UKBA. Far from it, as I know of and worked with pregnant women in UK detention centres especially Tinsley House and Yarls wood. But the first reading of the post indicated something else from what seems like a reality.

Obie wrote:I will not go as far as to say, your post tarnishes the reputation of UKBA. Far from it, as I know of and worked with pregnant women in UK detention centres especially Tinsley House and Yarls wood. But the first reading of the post indicated something else from what seems like a reality.

No option for me to edit the title though to make some ammendments.

its already be corrected by one of the moderator

UKBA can definitely barge into your house and take away your spouse if she is illegally residing in the UK.

Even if your application is pending in UK.

Though EEA nationals even NON-EEA who are spouse of an EEA national have right to live in UK. Right to live in UK is separate to immigration.

The immigration law states that a spouse of an EEA national who is an NON-EEA needs to entry clear for the first time.

So if your spouse came on some other VISA and was in a relationship with you for the time when her original entery clearance Visa expired, she wont be considered an overstayer. You have to proove that she was in a genuine subsisting relationship with you for the period when her original entry clearance visa expired.

If UKBA barges into your home you need to be able to show your Marraige certificate of your partner, then they have sufficient proof. But technically they can barge into any home.

Though making an EEA2 application is very necessary in your case as you understand UKBA if it acts in heavy handedness they will do whatever they can, pregnant or not they do not care.

Let me know for more help!

indiangardner wrote:UKBA can definitely barge into your house and take away your spouse if she is illegally residing in the UK.

Even if your application is pending in UK.

Though EEA nationals even NON-EEA who are spouse of an EEA national have right to live in UK. Right to live in UK is separate to immigration.

The immigration law states that a spouse of an EEA national who is an NON-EEA needs to entry clear for the first time.

So if your spouse came on some other VISA and was in a relationship with you for the time when her original entery clearance Visa expired, she wont be considered an overstayer. You have to proove that she was in a genuine subsisting relationship with you for the period when her original entry clearance visa expired.

If UKBA barges into your home you need to be able to show your Marraige certificate of your partner, then they have sufficient proof. But technically they can barge into any home.

Though making an EEA2 application is very necessary in your case as you understand UKBA if it acts in heavy handedness they will do whatever they can, pregnant or not they do not care.

Let me know for more help!

I don't know where you getting these laws from can you provide any reference , whatever you saying
you stated
The immigration law states that a spouse of an EEA national who is an NON-EEA needs to entry clear for the first time. please explain

but there is no specific entry requirement for eu citizens family member .
even
sending eea2 for residence card is not mandatory according to ukba it states on eea2 form . but it will make easy for non eu family member to prove their status for job etc.

their problem is they are not married yet .
once they are married or they are in relationship over 2 years than it will be fine as far as eu citizen is exercising treaty rights.

toofan wrote:
I don't know where you getting these laws from can you provide any reference , whatever you saying
you stated
The immigration law states that a spouse of an EEA national who is an NON-EEA needs to entry clear for the first time.

there is no specific entry requirement for eu citizens family member .
even
sending eea2 for residence card is not mandatory according to ukba it states on eea2 form . but it will make easy for non eu family member to prove their status for job etc.

their problem is they are not married yet .
once they are married or they are in relationship over 2 years than it will be fine as far as eu citizen is exercising treaty rights.

You should rightly ignore the comments from the poster, mostly incorrect.

indiangardner wrote:UKBA can definitely barge into your house and take away your spouse if she is illegally residing in the UK.

Even if your application is pending in UK.

Though EEA nationals even NON-EEA who are spouse of an EEA national have right to live in UK. Right to live in UK is separate to immigration.

The immigration law states that a spouse of an EEA national who is an NON-EEA needs to entry clear for the first time.

So if your spouse came on some other VISA and was in a relationship with you for the time when her original entery clearance Visa expired, she wont be considered an overstayer. You have to proove that she was in a genuine subsisting relationship with you for the period when her original entry clearance visa expired.

If UKBA barges into your home you need to be able to show your Marraige certificate of your partner, then they have sufficient proof. But technically they can barge into any home.

Though making an EEA2 application is very necessary in your case as you understand UKBA if it acts in heavy handedness they will do whatever they can, pregnant or not they do not care.

Let me know for more help!

Prior to her visa being expired we were already in a relationship, I can provide proof like when we had our first contact, pictures to provide that we were dating out and exchange of messages on my phone.

One thing that gives me more concern is, since we are going to give notice to the registrar for marriage.. the registrar will get her passport and they will see that it has been replaced very recently.
there will be no proof of visa or stamps in there when she arrived this country. but she has the scan copy of her visa. she overstayed almost a year now.

what shall we do, once UKBA barges at home?

Thank you Moderators for editing my Title Page. Sorry for the misleading Title Page before.

zoe14 wrote:

indiangardner wrote:UKBA can definitely barge into your house and take away your spouse if she is illegally residing in the UK.

Even if your application is pending in UK.

Though EEA nationals even NON-EEA who are spouse of an EEA national have right to live in UK. Right to live in UK is separate to immigration.

The immigration law states that a spouse of an EEA national who is an NON-EEA needs to entry clear for the first time.

So if your spouse came on some other VISA and was in a relationship with you for the time when her original entery clearance Visa expired, she wont be considered an overstayer. You have to proove that she was in a genuine subsisting relationship with you for the period when her original entry clearance visa expired.

If UKBA barges into your home you need to be able to show your Marraige certificate of your partner, then they have sufficient proof. But technically they can barge into any home.

Though making an EEA2 application is very necessary in your case as you understand UKBA if it acts in heavy handedness they will do whatever they can, pregnant or not they do not care.

Let me know for more help!

Prior to her visa being expired we were already in a relationship, I can provide proof like when we had our first contact, pictures to provide that we were dating out and exchange of messages on my phone.

One thing that gives me more concern is, since we are going to give notice to the registrar for marriage.. the registrar will get her passport and they will see that it has been replaced very recently.
there will be no proof of visa or stamps in there when she arrived this country. but she has the scan copy of her visa. she overstayed almost a year now.

what shall we do, once UKBA barges at home?

hi its misleading there is no where in directives that someones visa is expired and they are not married or in durable relationship with eu citizen who is exercising treaty and they will be covered .

if you are married or in a durable relationship with non eu then your other end is covered . ukba accepts two years relationship as durable .

I don't know where the indiangardner Is bringing the laws in may be ITS own version of directives . or may be we do not know about these will appreciate if he can provide any reference link etc.

zoe how long you been in relationship is it two years or over ?

if yes you do not need to wait to get married you can apply under partner .

and about getting married in registrar with out visa no guarantee . its 50/50 .
if ukba comes there is no guarantee what they will do there actions can not be guaranteed on immigration board as this is only for general advice..

toofan wrote:and about getting married in registrar with out visa no guarantee . its 50/50 .
if ukba comes there is no guarantee what they will do there actions can not be guaranteed on immigration board as this is only for general advice..

Toofan, we have been together for more than a year now. We have proofs to provide like exchange of messages, train tickets, etc., prior to her visa expiring. We are in a relationship for more than a year now and we are also expecting a baby soon, she is 30 weeks pregnant.

Given that 50/50 chance that UKBA will come and get us, what shall we do with that 50% if they came and stormed us at the wedding itself? Do we need to seek a solicitor/legal advise or we can explain it to them ourselves. What kind of problems or arguments will we encounter during that time?

I think the Op is stressed.

have a look here for some guidance.

http://lawfirmuk.net/english/unmarriedpartner.htm

see if you can meet the requirements .
wish you nothing but good luck.

some senior members will be able to shed more light on your case as they say these cases are dealt on case by case basis depending on the evidence.

I am becoming a full scale immigration lawyer here though not by choice !.

see more info here

EUN2.11 How do unmarried partners qualify for an EEA family permit?
An unmarried partner can be considered for an EEA family permit as an extended family member if they are in a durable relationship with the EEA national. The ECO will have to consider factors such as the length of cohabitation, joint finances, whether the couple haS children together to establish whether or not the relationship is durable. Each case must be looked at on its own merits. While regulation 12(2) makes provision for the issuing of a Family permit to extended family members (including unmarried partners), ECOs should be aware that only meeting the extended family member criteria is insufficient. Even where an ECO is satisfied that the applicant is in a 'durable' relationship, the ECO needs to go on to consider whether 'in all the circumstances, it appears to the entry clearance officer appropriate to issue the family permit' (Regulation 12(2)(c). Factors to be considered here are those set out at EUN2.7.


EUN2.7 as follows

EUN2.7 Who are an EEA national's extended family members?
Extended family members are more distant family members of the EEA national or of his/her spouse/civil partner who can demonstrate that they are dependent. Partners, where there is no civil partnership, who can show that they are in a 'durable relationship' are also considered to be extended family members.

Extended family member of an EEA national are defined in regulation 8 of the EEA Regulations.

An applicant may be considered for an EEA family permit as an extended family member if they are:

residing in a country other than the UK and are dependent on the EEA national or are a member of the EEA national's household; and
accompanying the EEA national to the UK or wishing to join them there.
If the applicant does not meet both of these criteria, they can also be considered for an EEA family permit as an extended family member if they are:

a relative of the EEA national or his spouse / civil partner and on serious health grounds, strictly require the personal care of the EEA national or their spouse/ civil partner; or
a relative of the EEA national and would meet the requirements, (other than those relating to entry clearance) in the Immigration Rules for indefinite leave to enter the UK as a dependent relative of the EEA national were the EEA national present and settled in the UK; or
a partner of the EEA national (other than a civil partner) and can prove to the ECO that they are in a durable relationship with the EEA national.
Where the applicant can show that he / she is the extended family member of an EEA national, the ECO may issue an EEA family permit if in all circumstances, it appears to the ECO appropriate to issue the EEA family permit. Therefore, an EEA family permit may be refused:

where refusing the family member would not prevent the EEA national from exercising his / her Treaty rights or would not create an effective obstacle to the exercise of Treaty rights;
if the applicant would have been refused entry to the UK on general grounds for refusal had they been applying for entry under the Immigration Rules;
maintenance and accommodation requirements aren't met, for example, the non-EEA national's admittance would result in recourse to public funds.
Where the extended family member did not reside in the same country as the EEA national before the EEA national came to the UK, and where the EEA national provided financial support only to the extended family member, it is unlikely that the extended family member would be able to demonstrate that refusing to issue them with an EEA family permit would prevent the EEA national from exercising their Treaty rights in the UK. This is because the EEA national could continue to provide financial support to the applicant from the UK.

Family members of students (other than his or her spouse and dependent children) are entitled to join the EEA national for the initial 3 month period she or he is in the UK. Should these other family members wish to remain in the UK with the EEA national student for a period longer than 3 months they would need to apply in country for a Residence Card.


https://contact-ukba.homeoffice.gov.uk/ ... /eun/eun2/