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Hi guys,
I wont bore you with any lengthy story.
I am an overstayer with a polish girlfriend and a 2 months old baby born in the UK. We have been living together for less than 2 years and we made a EEA-EFM application for me and a registration certificate for my partner at the same time.My question is we want to get married soon. But I'm very concerned about how to go about this considering the fact that I'm an overstayer. Do you think the HO will pose any issue to our marriage? I've also been talking to solicitors and most of them suggested that I wait for the COA to arrive. Do anyone have any idea or experience with getting married with a COA?
I'm a bit confused and any idea is welcome.
Thank you in advance guys
And goodluck to everyone

bjohnsen wrote:Hi guys,
I wont bore you with any lengthy story.
I am an overstayer with a polish girlfriend and a 2 months old baby born in the UK. We have been living together for less than 2 years and we made a EEA-EFM application for me and a registration certificate for my partner at the same time.My question is we want to get married soon. But I'm very concerned about how to go about this considering the fact that I'm an overstayer. Do you think the HO will pose any issue to our marriage? I've also been talking to solicitors and most of them suggested that I wait for the COA to arrive. Do anyone have any idea or experience with getting married with a COA?
I'm a bit confused and any idea is welcome.
Thank you in advance guys
And goodluck to everyone

A COA won't help you marry.
And less than 2 years in a relationship akin to marriage (not just being boyfriend/girlfriend) is normally unlikely to succeed.

Go to official registrar to register intent to marry.
Comply with timelines and any HO interview to determine if this is a genuine marriage or a marriage of convenience
If HO don't object to marriage (or detain or deport you) have a wonderful day.

I'll let others advise on the benefits of the COA. However regarding marriage, you will have to register your intent to marry with a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO, who can then extend the notification period from 28-70 days in order to interview you both if they choose to do so before the marriage can take place.
You should be aware that as an overstayer this does come with a risk. A member recently on the forum reported they were given permission to marry but the Border Police arrived at the Registry Office before the ceremony and arrested him.
As you know you are short of the 2 year co-habitation period for unmarried partners and you may be required to provide a DNA test to prove paternity of your child.

Edit: Beaten once again by Noajthan!

Thanks a lot for the quick response guys. I made the application because my solicitor think having a baby together should strenthen the application. The baby bears my surname and has a polish passport. This is a genuine relationship but having read some stories here i'm still scared about how irrational the border police and enforcement agent can be. Thank you again and please keep the advice coming

How long have you lived together?

bjohnsen wrote:Thanks a lot for the quick response guys. I made the application because my solicitor think having a baby together should strenthen the application. The baby bears my surname and has a polish passport. This is a genuine relationship but having read some stories here i'm still scared about how irrational the border police and enforcement agent can be. Thank you again and please keep the advice coming

A child that happens to be born in UK is not necessarily British nor an 'anchor'.

Even if a RC is issued it is not a 'visa'; it is only really valid on the day it is issued.
If the relationship ends or partner stops exercising treaty rights (or if MPs play ball and there's Brexit) the RC will become invalid.

Your wife is perfectly entitled to live with you and baby in Poland.

The various officials, (registrar, IOs and all) will simply apply the relevant rules and regulations;
you still have to prove the marriage is not a mooc and satisfy the other requirements for an EFM RC.

we've been living together for less than 2years

Casa wrote:How long have you lived together?

less than 2 years

noajthan wrote:

bjohnsen wrote:Thanks a lot for the quick response guys. I made the application because my solicitor think having a baby together should strenthen the application. The baby bears my surname and has a polish passport. This is a genuine relationship but having read some stories here i'm still scared about how irrational the border police and enforcement agent can be. Thank you again and please keep the advice coming

A child that happens to be born in UK is not necessarily British nor an 'anchor'.

Even if a RC is issued it is not a 'visa'; it is only really valid on the day it is issued.
If the relationship ends or partner stops exercising treaty rights (or if MPs play ball and there's Brexit) the RC will become invalid.

Your wife is perfectly entitled to live with you and baby in Poland.

The various officials, (registrar, IOs and all) will simply apply the relevant rules and regulations;
you still have to prove the marriage is not a mooc and satisfy the other requirements for an EFM RC.

Thanks for your response. The plan is to be able to get married without disruption. We are just unsure about proceeding with marriage

noajthan wrote:

bjohnsen wrote:Hi guys,
I wont bore you with any lengthy story.
I am an overstayer with a polish girlfriend and a 2 months old baby born in the UK. We have been living together for less than 2 years and we made a EEA-EFM application for me and a registration certificate for my partner at the same time.My question is we want to get married soon. But I'm very concerned about how to go about this considering the fact that I'm an overstayer. Do you think the HO will pose any issue to our marriage? I've also been talking to solicitors and most of them suggested that I wait for the COA to arrive. Do anyone have any idea or experience with getting married with a COA?
I'm a bit confused and any idea is welcome.
Thank you in advance guys
And goodluck to everyone

A COA won't help you marry.
And less than 2 years in a relationship akin to marriage (not just being boyfriend/girlfriend) is normally unlikely to succeed.

Go to official registrar to register intent to marry.
Comply with timelines and any HO interview to determine if this is a genuine marriage or a marriage of convenience
If HO don't object to marriage (or detain or deport you) have a wonderful day.

Thanks alot
This is not just a boyfriend and girlfriend relationship. We have a child together and its a relationship well known to family and friend. The only thing stopping us from getting married till this moment is my status

bjohnsen wrote:

Casa wrote:How long have you lived together?

less than 2 years

Yes, but how long exactly?

Casa wrote:

bjohnsen wrote:

Casa wrote:How long have you lived together?

less than 2 years

Yes, but how long exactly?

1 year 2 months

Way off the 2 year qualifying period then. As noajthan has already commented, the HO are likely to take the view that you could enjoy a family life together with your child in your partner's home country, Poland.

This thread should give you an idea of what you may be facing:
http://www.immigrationboards.com/eea-ro ... 0detention

bjohnsen wrote:

Casa wrote:

bjohnsen wrote:Yes, but how long exactly?

1 year 2 months

Still 10 months shy of the HO test for a relationship akin to marriage (based on the UK immigration regulations that HO insists on applying to EFM partners).
A child conceived 3 months into a relationship may not satisfy suspicions of marriage of convenience.
If so no EU application can succeed as the relationship test is applied after the initial identity checks.

How long have you overstayed? what have you lived on? have you been working?
How have you demonstrated residence (presence) in UK and any cohabitation with partner?

I was on a student visa that expired 10 months ago. I was and still living with my partner. I'm not working and I live on her

bjohnsen wrote:

Casa wrote:

bjohnsen wrote:Yes, but how long exactly?

1 year 2 months

Still 10 months shy of the HO test for a relationship akin to marriage (based on the UK immigration regulations that HO insists on applying to EFM partners).
A child conceived 3 months into a relationship may not satisfy suspicions of marriage of convenience.

If so no EU application can succeed as the relationship test is applied after the initial identity checks.

How long have you overstayed? what have you lived on? have you been working?
How have you demonstrated residence (presence) in UK and any cohabitation with partner?

I was on a student visa that expired 10 months ago. I was and still living with my partner. I'm not working and I live on her

I believe that noajthan was asking what documented evidence you have to show co-habitation? Shared tenancy, joint finances, joint names on utility bills, correspondence addressed to you both covering the period you've been living together? That's the sort of evidence the Case Worker will expect to see.

I'm aware that your aim is to marry, but as you'll have read in this thread you risk removal once the Home Office are advised of your intention to marry and are both called for an interview before the wedding can take place.

Casa wrote:I believe that noajthan was asking what documented evidence you have to show co-habitation? Shared tenancy, joint finances, joint names on utility bills, correspondence addressed to you both covering the period you've been living together? That's the sort of evidence the Case Worker will expect to see.

I'm aware that your aim is to marry, but as you'll have read in this thread you risk removal once the Home Office are advised of your intention to marry and are both called for an interview before the wedding can take place.

oh ok. we included a few utility bills (in both names)in the application. And a lot of pictures, with families, holidays, with the baby, messages, social media screen shots etc. we dont have lot in joint names which is understandable. There's not a lot I can put my name on when you are in my situation.

bjohnsen wrote:

Casa wrote:I believe that noajthan was asking what documented evidence you have to show co-habitation? Shared tenancy, joint finances, joint names on utility bills, correspondence addressed to you both covering the period you've been living together? That's the sort of evidence the Case Worker will expect to see.

I'm aware that your aim is to marry, but as you'll have read in this thread you risk removal once the Home Office are advised of your intention to marry and are both called for an interview before the wedding can take place.

oh ok. we included a few utility bills (in both names)in the application. And a lot of pictures, with families, holidays, with the baby, messages, social media screen shots etc. we dont have lot in joint names which is understandable. There's not a lot I can put my name on when you are in my situation.

Exactly Casa.

You will be assessed on the weight of evidence submitted in the application; (including proven duration of relationship).

Your best bet is to go and marry in Poland.
Come back on a FP as the direct family member of a Union citizen.

Obviously you won't make it for PR (as UK will have already left EU in 5 years time) but for residence as the direct dependent of a qualified person your adverse immigration history won't count against you under the more relaxed EU framework.
(That history will ofcourse still be held against you should you have ambitions for the privilege of citizenship in the future).

noajthan wrote:

bjohnsen wrote:

Casa wrote:I believe that noajthan was asking what documented evidence you have to show co-habitation? Shared tenancy, joint finances, joint names on utility bills, correspondence addressed to you both covering the period you've been living together? That's the sort of evidence the Case Worker will expect to see.

I'm aware that your aim is to marry, but as you'll have read in this thread you risk removal once the Home Office are advised of your intention to marry and are both called for an interview before the wedding can take place.

oh ok. we included a few utility bills (in both names)in the application. And a lot of pictures, with families, holidays, with the baby, messages, social media screen shots etc. we dont have lot in joint names which is understandable. There's not a lot I can put my name on when you are in my situation.

Exactly Casa.

You will be assessed on the weight of evidence submitted in the application; (including proven duration of relationship).

Your best bet is to go and marry in Poland.
Come back on a FP as the direct family member of a Union citizen.

Obviously you won't make it for PR (as UK will have already left EU in 5 years time) but for residence as the direct dependent of a qualified person your adverse immigration history won't count against you under the more relaxed EU framework.
(That history will ofcourse still be held against you should you have ambitions for the privilege of citizenship in the future).

I dont mind going to get married in Poland if thats the only option available to us. But is travelling to Poland even possible when I'm already illegal in the UK?

bjohnsen wrote:I dont mind going to get married in Poland if thats the only option available to us. But is travelling to Poland even possible when I'm already illegal in the UK?

I have no idea how you get there. But if you stick your head above parapet in the prevailing climate you risk detention and worse by trying to marry here.
Presumably you have some papers.