Immigrationboards.com

Hi all

I'm new here I hope this is the correct forum. I hope someone can give advice.
If you've overstayed in the UK for a few years and have no right of appeal does that affect your eea spouse application applying from outside the UK to return to the UK when granted eea family visa?.
The relationship is genuine 2 years together (getting married end of the year) , he is a eu qualifying person with UK resident card and have other required supporting documents for the application. The overstayer doesn't use public funds, entered the UK legally , no criminal record, not working etc. Will there be a ban to return to the UK for the overstayer?

Thank you

As far as I know there was nothing like that if you are applying under the EU route. But you need to have a very high merit application paperwork simply to proof the relationship is genine.

Under EU law, being illegal or entering illegally into a Member-State cannot be grounds for refusing a Family Permit or a Residence Card, if the applicant is in a genuine marriage with an EEA citizen. So, your husband should be fine with regards to any application under EU law.

He may have issues after Brexit and almost certainly will not be eligible for British citizenship till the tenth anniversary of your marriage.

Thank you everyone for your advice much appreciated