urgent plz give me advice

[joyg143]

hello everyone i ams taying in uk for 6 years recently i found out my visa has been refused i just found out now my visa expires two moths now am two months ago now i over stayed with out even i know but i have a girl friend from europe from last 4 years , i never wanted to marry her to get visa but now things gone bad and we both regreting now we decided to marry how can i marry her cause i cant go back and return to uk again to marry her due to my family problems in my country and am overstayed two moths my visa application will be refused if i apply from my country , and my parents doesnt accept cause she is muslim and am hindu ,pleasae give me honest replys thank you

[joyg143]

hello everyone am new to this forum i ams taying in uk for 6 years recently i found out my visa has been refused two moths ago now i over stayed with out even i know but i have a girl friend from europe from last 4 years , i never wanted to marry her to get visa but now things gone bad and we both regreting now we decided to marry how can i marry her cause i cant go back and return to uk again to marry her due to my family problems in my country and am overstayed two moths my visa application will be refused if i apply from my country , and my parents doesnt accept cause she is muslim and am hindu ,pleasae give me replys thank you

[joyg143]

hello everyone am new to this forum i am staying in uk for 6 years recently i found out my visa has been refused two moths ago now i over stayed with out even i know but i have a girl friend from europe from last 4 years , we love each other so much we plan to marry once we settiled in life ,i never wanted to marry her to get visa but now things gone bad and we both regreting now we decided to marry how can i marry her cause i cant go back and return to uk again to marry her due to my family problems in my country and am overstayed two moths my visa application will be refused if i apply from my country , ,pleasae give me replys thank you

[Casa]

Wow! Posting 3 times within a short time in the middle of the night when most members are asleep! Patience.
You could marry here if you have your passport but you will have to register your intention to marry at a Home Office designated Registry Officer. The Registrar is legally required to notify the Home Office who will then be able to extend the notification period from 28 to 70 days in order to given them time to notify you both before the marriage can take place. If you are here illegally, be aware that this could result in your detention.
Have you lived together for 2 years or more? What category of visa did you previously have and why was your application refused?

[chriskv1]

Were you and your girlfriend co habiting for this 2 years . ?

Regardless of this , The best thing you could do atm would be to :

1.) Give notice of marriage with your passport at a HO designated registrar office . (Most of them are HO designated )

2.) After giving the notice Apply for EEA EFM along with all the proofs that you have to show that you and her have been together for the past 4 years like you say.

best of luck.

[Casa]

Were you and your girlfriend co habiting for this 2 years . ?

Regardless of this , The best thing you could do atm would be to :

1.) Give notice of marriage with your passport at a HO designated registrar office . (Most of them are HO designated )

2.) After giving the notice Apply for EEA EFM along with all the proofs that you have to show that you and her have been together for the past 4 years like you say.

best of luck.

Won't they have to marry before applying for the EEA EFM chrisky? (Assuming they can't prove 2 year co-habitation)? There's likely to be a delay in marrying due to the almost certain requirement to attend a Home Office interview before the wedding can take place.

[noajthan]

Wow! Posting 3 times within a short time in the middle of the night when most members are asleep! Patience.

...

Volunteers for night-shift duty form an orderly queue.

[joyg143]

thanks for the reply am on student visa finished my master degree, if i give notification to registry for marriage what are the consequences i have to face cause am overstayed did they take me for deport before marriage or do they let me marriage and send back home to apply or i can apply for visa from here with marriage certificate, we not living together cause we are both from asian family backgrounds due family restrictions and she live with her family ,but we have photos and emails and we both worked in same place while we are in uni

[noajthan]

hello everyone i ams taying in uk for 6 years recently i found out my visa has been refused i just found out now my visa expires two moths now am two months ago now i over stayed with out even i know but i have a girl friend from europe from last 4 years , i never wanted to marry her to get visa but now things gone bad and we both regreting now we decided to marry

how can i marry her cause i cant go back and return to uk again to marry her due to my family problems in my country and am overstayed two moths my visa application will be refused if i apply from my country , and my parents doesnt accept cause she is muslim and am hindu ,

pleasae give me honest replys thank you

What actually prevents you returning to your country so that you could attempt to regularise your position?
- are you a refugee or asylum seeker?

If only 'family problems' (serious as they may be within the family) can you not return to your country on your own basis?
- why not relocate somewhere else? (with far relatives for example?).

Have you also investigated marrying &/or staying in Austria?
That seems another logical & viable option based on the stated facts of your case.

[joyg143]

i could go back to my country and am scared that they gonna refuse my future application and me n my gf wants stay in uk cause we spend a lot of time here and studied here , family problems because we belong to different religion and i dont think whether her parents or mine accept what we want do

[Wanderer]

i could go back to my country and am scared that they gonna refuse my future application and me n my gf wants stay in uk cause we spend a lot of time here and studied here , family problems because we belong to different religion and i dont think whether her parents or mine accept what we want do

Go to another part of your country, away from the family, and apply from there. One thing is for sure, hanging on here illegally is not going to resolve this issue.

I prescribe a course of 'Growsum'.....

[chriskv1]

Were you and your girlfriend co habiting for this 2 years . ?

Regardless of this , The best thing you could do atm would be to :

1.) Give notice of marriage with your passport at a HO designated registrar office . (Most of them are HO designated )

2.) After giving the notice Apply for EEA EFM along with all the proofs that you have to show that you and her have been together for the past 4 years like you say.

best of luck.

Won't they have to marry before applying for the EEA EFM chrisky? (Assuming they can't prove 2 year co-habitation)? There's likely to be a delay in marrying due to the almost certain requirement to attend a Home Office interview before the wedding can take place.

They don't have to get married to apply for EEA EFM .

They've been together 4 years. There's no set rule for 2 years co habilitation. The application will still go through the consideration process and it could even get accepted provided that there is enough evidence in his application. If we wants to stay here and apply I see no other way .

[Casa]

Were you and your girlfriend co habiting for this 2 years . ?

Regardless of this , The best thing you could do atm would be to :

1.) Give notice of marriage with your passport at a HO designated registrar office . (Most of them are HO designated )

2.) After giving the notice Apply for EEA EFM along with all the proofs that you have to show that you and her have been together for the past 4 years like you say.

best of luck.

Won't they have to marry before applying for the EEA EFM chrisky? (Assuming they can't prove 2 year co-habitation)? There's likely to be a delay in marrying due to the almost certain requirement to attend a Home Office interview before the wedding can take place.

They don't have to get married to apply for EEA EFM .

They've been together 4 years. There's no set rule for 2 years co habilitation. The application will still go through the consideration process and it could even get accepted provided that there is enough evidence in his application. If we wants to stay here and apply I see no other way .

But I believe a 'boyfriend/girlfriend relationship with no co-habitation whatsoever wouldn't qualify as a 'durable relationship'.
This thread may be of interest (where the couples were living together);
http://www.immigrationboards.com/eea-ro ... 33450.html

[noajthan]

Interesting to note HO guidance plays hard ball with the 2-year cohabitation rule - & presumably the caseworker's use documents such as this:

https://www.gov.uk/government/uploads/s ... s_v2_0.pdf
- see page 13

The guidance is evidently based on UK's Immigration Rules such that the Home Office will consider a relationship to be a durable one where:

The couple have been living together in a relationship similar to a marriage for at least two years;
b) The couple intend to live together permanently;
c) The couple are not blood relatives (i.e. it is not a consanguineous relationship); and
d) Any previous marriage or other similar relationship by either party has permanently broken down.

This is despite case law that ...

has confirmed that the Home Office’s European Casework Instruction in relation to durable relationships ‘should not be taken as necessarily correct in every particular’.

In YB (EEA reg 17(4) – proper approach) Ivory Coast [2008] UKAIT 00062 the Tribunal stated that ‘durable relationship’ is a Community law term and to seek to reduce it to the criteria contained within the Immigration Rules would run contrary to Community law.

Ref: http://www.immigrationbarrister.co.uk/B ... -2006.html

If an application in UK based on this embryonic relationship does not receive a sympathetic hearing then OP still has the option to consider Austria, ie the fiancee's home country;
(if a move back to his home country really cannot be contemplated).

[chriskv1]

@Casa : You must note that the OP has not told us whether he lives with his partner or not . We do not know of their individual circumstances. And the OP of the thread you mentioned was granted RC after an appeal on May 2014 . This is clear proof to what I said , The HO can say whatever they want , But if there is enough evidence to prove that a relationship is genuine and durable , The HO can't keep whistling this 2 year rule .


@Noajthan : embryonic relationship that subsisted for 4 years eh ? It's not very nice of you to be rude to someone else when you know nothing of their circumstances , we don't know anything of their relationship so let's not be on a high horse and act all mighty .
I don't think he wants to move to Austria , It's a German speaking country and the language barrier itself would be a major thing . He asked for advice to stay in the UK with his girlfriend .

All applications that have enough evidence to show that there was a 'relationship' , durable or not , has to be considered . At the moment it would take atleast 5 months just for the initial decision . During this time the OP can get married to his girlfriend. I don't see how the OPs relationship isn't durable if they are considering getting married , As marriage is a huge commitment in itself , Unless the OP is only doing it for immigration purposes which I personally wouldn't advice .

At the end of the day , People come here to get advice . Not to be judged.

[noajthan]

@Casa : You must note that the OP has not told us whether he lives with his partner or not . We do not know of their individual circumstances. And the OP of the thread you mentioned was granted RC after an appeal on May 2014 . This is clear proof to what I said , The HO can say whatever they want , But if there is enough evidence to prove that a relationship is genuine and durable , The HO can't keep whistling this 2 year rule .


@Noajthan : embryonic relationship that subsisted for 4 years eh ? It's not very nice of you to be rude to someone else when you know nothing of their circumstances , we don't know anything of their relationship so let's not be on a high horse and act all mighty .
I don't think he wants to move to Austria , It's a German speaking country and the language barrier itself would be a major thing . He asked for advice to stay in the UK with his girlfriend .

All applications that have enough evidence to show that there was a 'relationship' , durable or not , has to be considered . At the moment it would take atleast 5 months just for the initial decision . During this time the OP can get married to his girlfriend. I don't see how the OPs relationship isn't durable if they are considering getting married , As marriage is a huge commitment in itself , Unless the OP is only doing it for immigration purposes which I personally wouldn't advice .

At the end of the day , People come here to get advice . Not to be judged.

The OP asked for honest replies.

My response is an impersonal and honest reply to an anonymous poster who, under the protective cloak of anonymity, seeks a solution to a largely self-made problem that evidently cannot even be discussed with his own family.
It is not ad hominen whatsoever.

There are other options the OP may not have thought of that are worth weighing up and deciding upon apart from the obvious 'staying in UK' option.

As you say noone knows the OP nor of his language skills nor of his relationship with prospective in-laws.
None of that is of interest to me.
I am not determining whether any option is 'suitable' I am simply putting it on the table.

In any case OP is likely to have to leave UK to regularise his stay so the question remains: where to go - it's clearly valid to brainstorm all possibilities.

Based on the stated facts OP has
a) had a girlfriend for approx 4 years
b) has just realised too late his visa has run out
c) is now (in recent days or weeks) contemplating marriage as a solution.

That indicates to me a relationship that had not independently blossomed into the nuptials stage.
The test is clearly whether HO finds it to be durable by its own criteria & guidelines.

Unless a very strong case can be made, supported by indisputable documentary evidence covering at least 2 years, it is hard to see how this relationship will be able to pass the published guidance HO uses;
(whether or not anyone agrees with those HO rules or believes they are legitimate and just and fair, etc etc).

[joyg143]

thank you very much for all your generous reply am not scared of my family i could take my own decision but i do respect my family as well , i want to know what are the chances of a overstayed guy for two months to get marry in uk our relationship is genuine even though we don't live together i know that no one is perfect in this world i did mistake by overstaying here if am single i could go back by now to my country now am in relationship with a girl who i want share my life and its hard to come back here once i overstayed here , plz help me with my decisions making cause i know you guys know better then me helped alot people here thank you all

[Casa]

@Casa : You must note that the OP has not told us whether he lives with his partner or not . We do not know of their individual circumstances. And the OP of the thread you mentioned was granted RC after an appeal on May 2014 . This is clear proof to what I said , The HO can say whatever they want , But if there is enough evidence to prove that a relationship is genuine and durable , The HO can't keep whistling this 2 year rule .


@Noajthan : embryonic relationship that subsisted for 4 years eh ? It's not very nice of you to be rude to someone else when you know nothing of their circumstances , we don't know anything of their relationship so let's not be on a high horse and act all mighty .
I don't think he wants to move to Austria , It's a German speaking country and the language barrier itself would be a major thing . He asked for advice to stay in the UK with his girlfriend .

All applications that have enough evidence to show that there was a 'relationship' , durable or not , has to be considered . At the moment it would take atleast 5 months just for the initial decision . During this time the OP can get married to his girlfriend. I don't see how the OPs relationship isn't durable if they are considering getting married , As marriage is a huge commitment in itself , Unless the OP is only doing it for immigration purposes which I personally wouldn't advice .

@criskv1
At the end of the day , People come here to get advice . Not to be judged.

@chriskv1 I think you must have missed this
"we not living together cause we are both from asian family backgrounds due family restrictions and she live with her family ,but we have photos and emails and we both worked in same place while we are in uni"

I've learned over the years that it's always wise to thoroughly read through the entire thread to insure a salient point to the case isn't missed, before advising.

In my first reply to the OP, I advised the procedure for marrying in the UK. As I explained, it isn't simply a case of marrying in a designated Registry office, under the relatively new procedures the wedding is extremely likely to have the qualifying period extended to 70 days to enable to the Home Office to interview the couple. This is virtually always the case when the marriage will be between an EU and a non-EU National and even more so when one has an expired (or close to expiring) visa. The OP should be aware that there is a risk of being detained following the interview, due to the illegal status.

Your point about the second couple in the thread I posted is noted. However, my point is that even though they could prove they were co-habiting, they still had to go through a lengthy appeal.

joyg143 An application for a Family Permit submitted outside of the UK shouldn't be refused if you are able to meet the requirements as a family member, assuming you are married by then.

[chriskv1]

@Casa : I did miss that unfortunately

However , My advice to him still remains the same. Its not hard to get married , I had an interview with the HO for getting married and I am thankful that there was an interview . Because the interviewer was satisfied of our relationship being genuine . (Which were his exact words )

You won't be detained if your relationship is genuine . It's best to have an application under process while this interview is conducted is all I'm saying .

[Casa]

@Casa : I did miss that unfortunately

However , My advice to him still remains the same. Its not hard to get married , I had an interview with the HO for getting married and I am thankful that there was an interview . Because the interviewer was satisfied of our relationship being genuine . (Which were his exact words )

You won't be detained if your relationship is genuine . It's best to have an application under process while this interview is conducted is all I'm saying .

May I ask if you were an overstayer chriskv1? Under what category would they be able to submit an application? Unmarried (co-habiting) partners won't be applicable. At present all they appear to have as evidence of a relationship are some emails, photos and the fact that they worked together. Playing the 'devil's advocate, the interviewer/case worker could take the cynical view that they are friends and work-mates.

I was not suggesting that there would be a detention due to a sham relationship, but rather due to the illegal status. At present the OP doesn't qualify for a FP under EU regulations and I'm not convinced that the Home Office would be willing to allow a marriage to go ahead which would then allow them to meet the conditions required. Detention would prevent this.

[chriskv1]

@Casa : I actually don't know if I was an overstayer, I had an application pending . I had applied for that pending application before my leave to remain expired .

But I have to say that we had a lot of utility bills , conversation logs , travel documents of us travelling together , council tax bills , other official documents .etc proving that we were co habiting and in a relationship ever since I came to the UK .
During the interview I told the interviewer that my leave to remain had expired , To which he replied : I suggest you apply for a residence card after getting married , But I can't comment on that as I am not a legal advisor .
At the end of the interview he wished us luck and said he hopes it works out for us.

Also , I was recently issued a COA with right to work , even though I am unmarried. And this is after the interview.

I have to say that you have managed to convince me of your view :/ Now I'm confused myself .
If all they have to show is just those emails and proof of working together , They would surely be accused of just being friends .
He did say that they would detain people that are believed to be going into a sham marriage regardless of status .

[Casa]

@Casa : I actually don't know if I was an overstayer, I had an application pending . I had applied for that pending application before my leave to remain expired .

But I have to say that we had a lot of utility bills , conversation logs , travel documents of us travelling together , council tax bills , other official documents .etc proving that we were co habiting and in a relationship ever since I came to the UK .
During the interview I told the interviewer that my leave to remain had expired , To which he replied : I suggest you apply for a residence card after getting married , But I can't comment on that as I am not a legal advisor .
At the end of the interview he wished us luck and said he hopes it works out for us.

Also , I was recently issued a COA with right to work , even though I am unmarried. And this is after the interview.

I have to say that you have managed to convince me of your view :/ Now I'm confused myself .
If all they have to show is just those emails and proof of working together , They would surely be accused of just being friends .
He did say that they would detain people that are believed to be going into a sham marriage regardless of status .

I believe there are two separate issues here chriskv1.
Firstly, where the Home Office take action when they suspect a sham marriage, even when an overstay/illegal status isn't relevant. In this case, I would give the OP the benefit of the doubt and assume that the relationship is genuine.
Secondly, where the Home Office take action due to one in the relationship having no legal status and no valid application for regularising their stay...before the marriage takes place. i.e they don't qualify as unmarried partners.
It may come down to how sympathetic the interviewer is to their situation.

In your case, I would say that you weren't an overstayer as you had submitted an application before your leave expired.

[noajthan]

...

I've learned over the years that it's always wise to thoroughly read through the entire thread to insure a salient point to the case isn't missed, before advising.

...

Sound & sage advice that I for one endeavour to follow

[Casa]

OK noajthan. Hands up, I'm not infallible