ZIMBABWEAN (visa required) overstayed MARRIED TO IRISH/BRIT

[memate]

I AM A NON EU NATIONAL zimbabwean (visa required) and overstayed 6years MARRIED TO IRISH/UK NATIONAL AND WOULD LIKE TO REGULARISE MY STAY. When i came they gave me six months before they started requiring visas for zims (zim was still in the commonwealth). Apart from the overstaying am clean, no contact with the authorities here. I have not however tried to regularise my stay in the UK in the past and have not claimed assylum either so obviously there is no sob story. I am trying to see how i can regularise my stay without having to be seperated from my wife for a long time.

WHAT CAN I DO? ANYONE PLEASE ADVISE

[Jeff Albright]

I am sorry it won't be possible to regularise the status in-country unless you can show that your case is truly exceptional or unless you have sufficient proof that you cannot return to your country to apply for the visa due to problems there (you need to show that you will be persecuted and tortured and you fear for your life) you have no chance of success. In other words, if you do not qualify for asylum or humanitarian protection, or you cannot show your case as truly exceptional to waive the immigration regulations (which has an extremely high threshold), you cannot succeed. As such, you will need to return to your country to apply for a visa like everyone else does (including those spouses and fiance(e)s of British Citizens) and wait in the queue for the admission in the UK according to the relevant Rules.

Best

Jeff

[avjones]

There might well be an EU angle here though - the OP said British / Irish. We need to know if his wife holds another EU nationality other than British, then he could use the EU route.

[memate]

she holds Irish and British citizenship. The EU ANGLE sounds reasonable to me. Is there anyone with an idea?????

[avjones]

If she definintely holds Irish citizenship, you can look at the EEA family member permit route.

Do a search on the board, there's a load of stuff about it.

[yankeegirl]

Amanda,

Would the OP maybe be able to apply for EEA2 from within the UK without returning to Zimbabwe to apply for the family permit?

[avjones]

generally, it's not necessary to return to a home country to make an EEA application in the UK.

[brownbonno]

There is no need going back to home country.Those that married through the Church of England are not required to produce immigration history(EC route).
A close person just had the approval decision using Directive 2004/38/EC article 5(4) route.

[memate]

Thank you all. She holds both Irish and British passports and i have checked the Uk forms it seems they are using the same form for both EEA and usual UK Immigration rules(Advise if i am looking at the right form). Now on that form they are asking if spouse holds another passport, I am wondering if in our case they will then say since she holds a british passport and leaves in N.Ireland (they have juridiction) we will process visa using the UK Law and then reject my application on the immigration history clause etc. In that case will the EU Law argument hold on appeal?

EEA family member permit route- I have looked on the board but if you have a post/s that maybe of help kindly paste the urls please.

Our marriage is not through the Church of England but leagally recognised both in Ireland, UK and overseas.

THANKS AGAIN

[brownbonno]

The EEA family permit is not issued within the UK.You have to apply for the EEA family residence permit(ie 5 years residence permit) using the EEA2 form which is downloadable at the BIA website.