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Good afternoon

One of my friend has advised me to go on this forum and seek an advice.

I am in very difficult satiation, please give some advice what should I do.

I am in UK since 10 years, 5 years on student visa then overstay 3 + year during which I stablished a relationship with my ex (she is from Czech republic) I applied family visa under article 8 on human basis ground as I have been with her under durable relationship, we went through court and I had been granted 2.5 year Residence permit.

As I wasn’t allows to work until I got the resident permit, our family life was struggling to meet the basic needs of life, unfortunately my partner couldn’t coped with situation and end our relation just before I have received visa.

I tried to get a job and make things better to win her back but she had move on with her life.

To make the story short, I found a good decent job and met someone else, she is EU national, working part-time, I am with her 1.5 year and we have the baby together.

I have had very bad experience with UKBA with my last application and I have been broke years so I did not choose to inform UKBA until now that my previous relationship is end.

I am not married with my partner yet but we are planning to get married soon.

Can someone advise me, what I should do to make things legal for me?

Shell I apply for EEA2 application after I get married?

Shell I wait till my visa extension time and then explain UKBA my situation?

Would UKBA allow me to stay and UK or will the refuse any application I make ?

Any advice will be much appreciated.
Many Thanks.

khawarawan14 wrote:Good afternoon

One of my friend has advised me to go on this forum and seek an advice.

I am in very difficult satiation, please give some advice what should I do.

I am in UK since 10 years, 5 years on student visa then overstay 3 + year during which I stablished a relationship with my ex (she is from Czech republic) I applied family visa under article 8 on human basis ground as I have been with her under durable relationship, we went through court and I had been granted 2.5 year Residence permit.

As I wasn’t allows to work until I got the resident permit, our family life was struggling to meet the basic needs of life, unfortunately my partner couldn’t coped with situation and end our relation just before I have received visa.

I tried to get a job and make things better to win her back but she had move on with her life.

To make the story short, I found a good decent job and met someone else, she is EU national, working part-time, I am with her 1.5 year and we have the baby together.

I have had very bad experience with UKBA with my last application and I have been broke years so I did not choose to inform UKBA until now that my previous relationship is end.

I am not married with my partner yet but we are planning to get married soon.

Can someone advise me, what I should do to make things legal for me?

Shell I apply for EEA2 application after I get married?

Shell I wait till my visa extension time and then explain UKBA my situation?

Would UKBA allow me to stay and UK or will the refuse any application I make ?

Any advice will be much appreciated.
Many Thanks.

Apply using EEA2 form, you said you have already being together for 1.5 years ( I hope have evidence for this) and you have a baby together, those 2 are enough to prove a durable relationship - which is what is required - based on an unmarried partner application.

If you are in doubt then you can wait till you get married that should further strength your case.

All the best.

thank you very much for the reply, yes I do have some documents to prove we are together over 1.5 years but what I am worried about is I have been granted a visa on my ex partner and when my relation end with her I did not inform UKBA.

can they refuse my EEA2 application on that basis ?

The Home Office cannot refuse an EEA application if your documents are in order unless it's a matter of public policy (for example serious crime or repeat offending), public security (for example terrorism), or when there is abuse or fraud in your present application (for example convenience marriage, forged documents, etc). Spouses of EEA nationals have an automatic right of residence, whereas unmarried partners only have a right of residence at the discretion of the Home Office after consideration of personal circumstances. A baby or a mortgage certainly help applications.