Non EEA/qualified EEA spouse in the UK - overstaying

[scnwrt]

I am a non EEA national (USA) living in the UK since April 2018 with my spouse who is a qualified (employed) EEA national. We're applying together for a residence certificate since my spouse is exercising treaty rights and as a direct family member. The issue is, I entered the UK on a standard visitor visa from the USA which was granted upon entry since the USA is a non visa required to visit the UK for 180 days or less. I am officially overstaying the 180 days granted in April since I never declared my marriage to my EEA national spouse. My question is, under EU freedom of movement laws, can I still be denied a residence document by the UK Home Office proving my right to live and work in the UK with my spouse, given I did not gain entry clearance or apply for an EEA family permit before arriving to the UK? The UK Home Office states that an EEA family permit is required for non EEA nationals who wish to visit their EEA family in the UK.

[scnwrt]

Hi, All,

I am a non EEA national (USA) living in the UK since April 2018 with my spouse who is a qualified (employed) EEA national. We're applying together for a residence certificate since my spouse is exercising treaty rights and as a direct family member. The issue is, I entered the UK on a standard visitor visa from the USA which was granted upon entry since the USA is a non visa required to visit the UK for 180 days or less. I am officially overstaying the 180 days granted in April since I never declared my marriage to my EEA national spouse. My question is, under EU freedom of movement laws, can I still be denied a residence document by the UK Home Office proving my right to live and work in the UK with my spouse, given I did not gain entry clearance or apply for an EEA family permit before arriving to the UK? The UK Home Office states that an EEA family permit is required for non EEA nationals who wish to visit their EEA family in the UK.

Your help is appreciated, thank you!

[mamalicious187]

Hi, All,

I am a non EEA national (USA) living in the UK since April 2018 with my spouse who is a qualified (employed) EEA national. We're applying together for a residence certificate since my spouse is exercising treaty rights and as a direct family member. The issue is, I entered the UK on a standard visitor visa from the USA which was granted upon entry since the USA is a non visa required to visit the UK for 180 days or less. I am officially overstaying the 180 days granted in April since I never declared my marriage to my EEA national spouse. My question is, under EU freedom of movement laws, can I still be denied a residence document by the UK Home Office proving my right to live and work in the UK with my spouse, given I did not gain entry clearance or apply for an EEA family permit before arriving to the UK? The UK Home Office states that an EEA family permit is required for non EEA nationals who wish to visit their EEA family in the UK.

Your help is appreciated, thank you!

Hi,

I do not think you would be denied based on the reason you highlighted.

According to the law, you are eligible for a document confirming your residency based on your marriage to an EU National excersing treaty rights in the UK

The category of visa you entered the country with has no negative implication on an EEA2 application in future and it does not matter if you've overstayed as long as you are legally married to the EU National, the residency document on it's own does not prove your rights to live in the country rather it enables you an easier entry into the country if you travel overseas and it helps you prove to employers that you have a right to be employed also it does not matter if you did not declare your marriage at the point of entry when you arrived the country.

Goodluck

[scnwrt]

Thank you for responding! Makes perfect sense.

[secret.simon]

Provided your spouse is a qualified non-UK EEA national, your right to reside in the UK flow automatically from your marriage itself and hence you are not illegally in the UK, even if you had not declared it.

The Residence Card that you have applied for is merely declaratory of your right to reside in the UK. As mentioned, your right to reside in the UK is automatic, based on your marriage to the qualified non-UK EEA national.

[mamalicious187]

Provided your spouse is a qualified non-UK EEA national, your right to reside in the UK flow automatically from your marriage itself and hence you are not illegally in the UK, even if you had not declared it.

The Residence Card that you have applied for is merely declaratory of your right to reside in the UK. As mentioned, your right to reside in the UK is automatic, based on your marriage to the qualified non-UK EEA national.

Thanks secret.simon for the additional information. I omitted the most important requirement

[scnwrt]

Provided your spouse is a qualified non-UK EEA national, your right to reside in the UK flow automatically from your marriage itself and hence you are not illegally in the UK, even if you had not declared it.

The Residence Card that you have applied for is merely declaratory of your right to reside in the UK. As mentioned, your right to reside in the UK is automatic, based on your marriage to the qualified non-UK EEA national.

Thank you secret.simon, do you happen to know if the HO recognizes marriage certificates from countries outside of the EU, ours is from the USA, in the case of an EEA2 application?

[mamalicious187]

Provided your spouse is a qualified non-UK EEA national, your right to reside in the UK flow automatically from your marriage itself and hence you are not illegally in the UK, even if you had not declared it.

The Residence Card that you have applied for is merely declaratory of your right to reside in the UK. As mentioned, your right to reside in the UK is automatic, based on your marriage to the qualified non-UK EEA national.

Thank you secret.simon, do you happen to know if the HO recognizes marriage certificates from countries outside of the EU, ours is from the USA, in the case of an EEA2 application?

Yes, the HO accepts marriage certificates from outside the EU as long as the ceremony was conducted according to the marriage laws of the country where marriage was celebrated.

[scnwrt]

Great, thank you mamalicious187.