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Hi all,

I am a non-EEA national, overstayer in the UK and in relationship with a EEA national. My partner wishes to have a child. We are planning on getting married but am not sure if the registrar can stop us marrying.

any advice will be appreciated.

i have seen border force serial and in that serial they don't deport the families with children. now i am not sure in this date but better check with colicitor.

i heard after 14 yrs of stay in this country u can apply for ilr.

i might not be right so please check



Last option call home office to inquire further asking your friend is in this situation and what they suggest...

Punjab the old "family concession" isn't in force any more, and is hardly relevant here because the OP has not yet started a family.

lejuB, the Register Office has no need to be concerned about your immigration status, although they should ask questions to determine that yours will be a genuine marriage and not one of convenience.

Is your fiancé exercising treaty rights (working, studying etc.)? What is his nationality?

Once you are married, then you can apply for a Residence Card as the family member of an EEA national.

You can give notice to marry at the registry office, if you want a civil ceremony. Be prepared, UKBA can turn up at the wedding. Also, remember by your own admission, you have no leave to be here.

Once you're married if your spouse is exercising treaty rights in the UK, you are legally here, as long as the relationship is genuine. I wish you a lifetime of happiness together.

Many thanks all for your replies.
My Solicitor has advised that we do an Article 8 application first before we get married.
My fiancé will be exercising her treaty rights(working). She is from a very christian family and her parents would not want us to have children before we are married. Thus the urgency for getting married.

We intend to have a civil ceremony with about 30 family members.
If UKBA boys turn up on the day, what should i expect(what kind of questions or anything)?

See also this thread, especially the outcome on the second page:

http://www.immigrationboards.com/viewto ... sc&start=0

Has your solicitor explained why a complex and (presumably expensive!) application under Article 8 should be started, when you can get married in short order and apply under EEA rules for nothing?

lejuB wrote:Many thanks all for your replies.
My Solicitor has advised that we do an Article 8 application first before we get married.
My fiancé will be exercising her treaty rights(working). She is from a very christian family and her parents would not want us to have children before we are married. Thus the urgency for getting married.

We intend to have a civil ceremony with about 30 family members.
If UKBA boys turn up on the day, what should i expect(what kind of questions or anything)?

I'd follow your solicitor's advice, since I take it you don't know whether UKBA have begun removal process already (unlikely, I know). After your application you are protected while it is being assessed.

UKBA will ask you and your partner about your relationship and your immigration status to both of you. (Also unlikely) I have heard of two cases in these forums where it has occurred, though neither were prevented from getting married.

Solicitors fees can be expensive.

Kitty & Alekos
many thanks again.

Kitty, my solicitor has explained that my Article8 application is a 50-50 but it does safeguard me from removal. Apparently, you can not be removed with a pending application.
Yes i know it's very expensive, but in my situation i don't think i have much of a choice. I can't afford to live in the shadows for ever. I believe this could affect my relationship as we are already trying for a baby.

Solicitor fees and HO fees are a killer. But i think it's a small price to pay for the sake of starting my family.

Anyone ever been interviewed by UKBA or registrar on such matters? what did they ask.
Hope you can all understand why a brother would be paranoid.

cheers.

While I agree with Kitty, mentally as a former overstayer all I wanted was assurances. I could afford the solicitor fees, therefore I went for it, but now I know it wasn't necessary.

I was "interrogated", a la Spanish Inquisition, by an employee at the register office, but I simply told them the truth, explained my situation and went through with it. Now I see it all as life experience. My wife, on the other hand, is adamant they are not allowed to do that and she is pursuing them through their internal complaint.

alekos wrote:While I agree with Kitty, mentally as a former overstayer all I wanted was assurances. I could afford the solicitor fees, therefore I went for it, but now I know it wasn't necessary.

I was "interrogated", a la Spanish Inquisition, by an employee at the register office, but I simply told them the truth, explained my situation and went through with it. Now I see it all as life experience. My wife, on the other hand, is adamant they are not allowed to do that and she is pursuing them through their internal complaint.

Alekos, did you get married in UK? what sort of questions were you asked?

Yes, we married in the UK. We waited 1 year to have COA issued only for UKBA to grant it two days after we sent a pre-action protocol letter.
First visit to the register office was not pretty, as they wouldn't accept my wife's Polish ID card as proof of identity, with the excuse that it does not say she is a polish citizen.
My wife started to cry, I got upset and called the register employee the winner of BBIW award. Biggest Bull.. in the Word.
She pointed out her big books on the shelf behind her telling us she knew the rules better.
I demanded to see those books for myself right there. she declined and we were told we'd need a new appointment in order to give notice.

After speaking to our solicitor, we went back with the same documents a week later and we were seen by the same lady. This time there were no issues.
She "interrogated" me first about my immigration history, then she moved on to the standard questions relating to giving notice of marriage.
When did I enter the UK?
How? Why? So you're an "illegal immigrant, sir" she said and so on. Also she "cautioned" me about evidence in court... In all, 15 minutes in her office. (Very long time, I know)

My wife was "interviewed" about my status and if she knew the penalties about "helping to circumvent" the Immigration Rules. Then the standard questions relating to giving notice of marriage.

Wedding day was perfect. Beautiful Spring day in London, family flew over for the event.

I'm a positive person and, not excusing the register employee, I'd like to believe I know why We were treated that way in the first meeting. My wife, on the other hand, wants to "take it all the way" and we're approaching the date when we will be heard by the Superintendent Registrar.

Many thanks for giving such an insight Alekos.

Congratulations on passing this "notice" huddle. Wish you all the best.

I hope we will be strong enough to stand the grilling. My fiancé also has Polish ID card but she will be getting passport before year ends as we intend to travel to Africa for christmas if all goes well. Hope they will accept ID as it shows as proof of identity on registrar's website.

My partner only speaks basic english so i think we will have to arrange for an interpreter. She understands English well, it's just the accents that give her a bit of trouble.

What other supporting documents would you recommend we take with us for appointment.

any advice is very much appreciated.

You need to show proof of address, living together, and it should be in the area where the register office is. but I believe, when you give notice you can choose other venue if you want to. You must know which venue you want to get married in.

My wife had a passport, she sent it to Student Finance a week before, thinking ID would be ok, as we had sent her ID to UKBA. I had no passport, lost and not renewed, just my non-EEA ID card, with which she had no issue. BBIW Winner.

Wedding was in mid March. I had a new passport two weeks later. We had our honeymoon far away in Colombia and flew back in April. Now I am patiently waiting for Residence Card.

Now we're considering a move to Germany, maybe in two years time, the grass seems greener in the other side.

lejuB wrote:My Solicitor has advised that we do an Article 8 application first before we get married.

Why exactly did your solicitor suggest this? What does he/she believe it will achieve?

How much experience does he/she have in European law applications - for instance, how many have they personally done?

Directive/2004/38/EC wrote:

lejuB wrote:My Solicitor has advised that we do an Article 8 application first before we get married.

Why exactly did your solicitor suggest this? What does he/she believe it will achieve?

How much experience does he/she have in European law applications - for instance, how many have they personally done?

Well, the fact that am an overstayer means that i can be picked up on day of wedding by UKBA. Am quoting what i was told by solicitor.

What would you suggest would be the best way to proceed.

many thanks.

Alekos, were you able to travel in and out on COA?

COA was needed to marry, not anymore. I did not travel till after the wedding. I travelled with my wife, marriage certificate and lots of patience at airports.

lejuB wrote:Well, the fact that am an overstayer means that i can be picked up on day of wedding by UKBA. Am quoting what i was told by solicitor.

I guess that is possible. Did the Solicitor say that it happens often? I have certainly never read in these forums of any reports of that.

The UK has been forced to stop doing COAs now, since it interferes with the right to get married. And similarly sending in UKBA teams does the same. I suspect you have nothing to worry about.

It is also a question of resource allocation. If you were a known very bad evil criminal person, then I would hope and expect that the Police/UKBA/Security Service would try to nap you at your local starbucks or when you show up to get married.

But that costs a lot. If the worst you have done is overstay, I doubt you are very high on their radar screens. I don't know much about your background, but if you are a normal person I suspect you have nothing to worry about.

And would it not be easier for them to come to your house? After all you likely have a cellphone contract or bank account or NHS doctor or .... and so they could likely find you that way if they really wanted to.

My only "suggestion" would be in the form of a friendly joke-idea.

You know how when the president of the US flies in helicopters they apparently have two or three decoy helicopters also flying...

Well you could register to marry in several different councils at the same time. UKBA probably only has the resources to send a team to one of the weddings...

Just a bad idea... :lol: