Help! Eea settlement scheme

[salmansheikh123]

Hi I came to Uk on a student visa on October 2016
Applied for asylum in 2017. I told the home office I have changed my address but they send the refusal letter to my old address in 2019 October and I found out a week ago that my decision was refused
And I’ve got a lawyer he’s told me he’s gonna apply for out of time appeal for the decision. I don’t know if they are going to accept it or not tbh but I’ve received my curtailment if my student visa for me to leave by 12 April.
I’m engaged to my partner who is an EU citizen from Poland and we’ve been together only 6 months and we indend to get married but I think home office might cause problems as I just have over a month before I need to leave the country.
I need to get the passport from the home office as they have it to apply for marriage and even if I want to apply for eu settlement scheme they need my passport I don’t know what to do in this situation I’m in where I have just over a month before I have to leave the country any advise would help !!!!

[Zerubbabel]

Hello

Due to your immigration history and that last minute EU partner, the Home Office are going to really scrutinise any EEA application you place.

6 months EEA partner that's not enough to build proof of strong relationship showing joint commitments (electricity/water/gas/council bills on your both names, accounts on your both names... for 2 years+).

Knowing that they question the validity of the relationship of married people (sometimes with kids!!!), I don't feel that a recent relation such as this one would be enough.

To marry you need 28 days that can be extended to 70. You don't have to be legal in the country to marry. You need your valid passport.

[salmansheikh123]

So what do u think I should do because my passport is with the home office
I contacted the marriage register today they said they can give me an appointment of may but in may I won’t be legal anymore after April and my passport is with the home office then how would I get married. I don’t know what to do to be honest I’m so stressed out.

[salmansheikh123]

I’ve got an idea given to me by someone is I can’t do the marriage register because they give me an appointment in may and my visa ends in April would it be helpful at all if me and my fiancé do a nikkah contract. I want to know if it would be helpful in any way and if I could apply for the EU settlement scheme as spouse with the nikkah contract. Any ideas or help please I’m so stressed

[CR001]

would it be helpful at all if me and my fiancé do a nikkah contract.

No, an islamic marriage performed in the UK is not recognised by HO. You would still be considered unmarried.

[Zerubbabel]

Nikkah contract is not recognised in the UK. You need a civil marriage.

However, if under your culture, you need a nikkah contract to be with someone, so go and do it. I will show later, if needed, that your relationship is serious.

To marry, you need to ask the Home Office to return your passport and apply with an approved Registrar to get married.

The Home Office may or may not decide to investigate further. But you have no other options at the moment.

PS: make sure your relationship with this lady is genuine. If not, they will find out.

[salmansheikh123]

My relationship with her is actually genuine
Only thing I’m scared of is that the register gave me a date on may and my visa ends in April even if I ask the home office to send the letter then by the time I go to the register I’m going to be considered illegal and it would ruin everything so what do I do in this situation ?

[hrak1978]

Islamic marriage is not recognised in UK. Fully agreed.

But if you marry in Church of England then it is fully recognised in UK. And home office will accept it as well.

[hrak1978]

Try Church of England first before going to Town Hall.

It will work if you get marry in Church of England.

If the relationship is genuine then u should not shy!!!

[salmansheikh123]

I’ve checked in the church as well they also require passport to be present to get married and that’s the only thing I don’t have.

[Blacksea28]

You can get marry in Poland, as you are non-polish citizen, they would book you the date after 28 days of registering. Then you can get EEA/EU settlement scheme visa to re-enter and apply to settlement scheme RC. Once you have marriage certificate, visa should be processed in 1-2 weeks by the embasy.

It might be also possible if you could travel with your wife from Poland to UK by car and try to enter to UK with your marriage certificate.

[salmansheikh123]

I’ve applied to the register office they have given me a date of 18 may ive asked the home office for a certified copy of my passport and told them I’m getting married.The register office told me I would be interviewed by the home office so waiting for their reply now. In the mean time I’m getting our Nikkah done tomorrow. I know it’s not considered in UK law but might help when we’re trying to prove to the home office that our relationship is genuine and my visa ends in April 12 so I’m trying to file an out of time appeal on my asylum claim and if that doesn’t work out then go for a fresh claim that might give me a couple of months which in the mean time I get my marriage sorted with the register office what do u guys think am I doing the right steps ?