Overstayed non EEA national and EEA national

[embrace]

Hello everyone. I want to ask you for advice with my (and my fiance´s ) problem as we are quite desperate about not knowing what to do.

I will try to describe our situation into details. I am EEA national..I come from Slovakia and I have been in England since May 2008. Unfortunately, I havent applied for Worker Registration Scheme, yet, as I thought my last employer would do so, as he kept my form that I filled in. I forgot about it and after almost six months that I had been working there I found out that my employer wouldnt apply for me. I left the job before I was able to do so and after that I was almost 1 month without work. Now, in January I got a new job and I am about to send the form to Home Office. To be honest, I planned to stay in England just for few months, as I am an university student in Slovakia.

In October 2008 I met my boyfriend (non EEA national) who has been in England since March 2008 and he came with his tourist visa that are valid for 6 months. So basically approximately in August his visa expired and he has been illegal in England since that time.

We have been a couple just for 4 months but as we have been together every single day and night, we feel like we have known each other for ages. I love him but I dont want to spend years in England and since he met me, I think he doesnt want neither, especially when he knows I want to go back to my country.

But as his visa is no longer valid, we cant go anywhere abroad together.
We dont want to get married just to make his stay legal, our relationship is genuine and we really love each other and in normal situation I could wait with marriage although for his religion marriage is important.

Therefore, my first question is whether we have to get married to legalize his stay and be able to leave England later together?

And if yes, what do we have to do, if we want to get married but he is not legal here now?
(As I read, I think he needs to get Certificate of approval, then we have to give Notice of marriage, but please, understand that I dont want to risk that after Home office or any other organisation finds out that his passport doesnt have valid visa, they would send him back to his country )

Unfortunately, we havent got any proof in form of for example bills that we have been together since October till December as we lived in a shared house (staff house) and we didnt have to sign any contract.

Can somebody please explain me what actions do we have to take if we want to get married and then legalize his stay?

Thank you so much for advice and sorry for my English, I tried my best to explain the situation, hopefully I did it right.

[drjabberwocky23]

Could he return to his own country and then reapply to join you in Slovakia?

[Mr Rusty]

If you make any sort of application to UKBA, it will take many months to get a decision, particularly because of your fiance's status.

If you are both Christians, you could try getting married in a Church of England. (You don't need UKBA permission for a C of E marriage). Once married, you would be entitled to apply to your embassy under EEA Rules for a Family Permit for your fiance to travel with you to Slovakia.

Otherwise as drjabberw.. suggests, the quickest way for you to resolve this is for you both to travel to your fiance's country and marry him there. Make sure it's a marriage recognised by the laws of that country (i.e. not some religious ceremony that has no legal force). Research the Slovakian immigration rules as well, so as you can make a proper application.

The Courts here have said that UKBA can not enforce their rules requiring persons wanting to get married to have a Certificate of Approval. However, I doubt whether you will find a Registry Office prepared to marry you without one, and you could be in for a very long wait if you apply for one.

[embrace]

Could he return to his own country and then reapply to join you in Slovakia?

I am afraid he doesnt want to take such risk because as I know it was really hard to get visa..maybe because of the country he comes from, Algeria.

[embrace]

If you make any sort of application to UKBA, it will take many months to get a decision, particularly because of your fiance's status.

If you are both Christians, you could try getting married in a Church of England. (You don't need UKBA permission for a C of E marriage). Once married, you would be entitled to apply to your embassy under EEA Rules for a Family Permit for your fiance to travel with you to Slovakia.

Otherwise as drjabberw.. suggests, the quickest way for you to resolve this is for you both to travel to your fiance's country and marry him there. Make sure it's a marriage recognised by the laws of that country (i.e. not some religious ceremony that has no legal force). Research the Slovakian immigration rules as well, so as you can make a proper application.

The Courts here have said that UKBA can not enforce their rules requiring persons wanting to get married to have a Certificate of Approval. However, I doubt whether you will find a Registry Office prepared to marry you without one, and you could be in for a very long wait if you apply for one.

No, he is not Christian, he is muslim and I am not sure if religious marriage would be sufficient (whether he would get the same rights as if we had civil marriage, if he could apply for residence card and so)? And the possibility of getting married in his country hasnt even come to our minds, I will have to discuss this with him because it seems like quite good idea as well.

After getting married in his country, if we wanted to travel abroad, how would the situation change? Would he still have to apply for visa to European countries where normally I dont need visa or would he just apply for that Family Permit which you mentioned above?

I am sorry...I am sure some of my questions dont make much sense but I have never had to deal with something like this before...not being able to travel across the Europe whenever I want, so it is something completely unknown for me.

[drjabberwocky23]

If you make any sort of application to UKBA, it will take many months to get a decision, particularly because of your fiance's status.

If you are both Christians, you could try getting married in a Church of England. (You don't need UKBA permission for a C of E marriage). Once married, you would be entitled to apply to your embassy under EEA Rules for a Family Permit for your fiance to travel with you to Slovakia.

Otherwise as drjabberw.. suggests, the quickest way for you to resolve this is for you both to travel to your fiance's country and marry him there. Make sure it's a marriage recognised by the laws of that country (i.e. not some religious ceremony that has no legal force). Research the Slovakian immigration rules as well, so as you can make a proper application.

The Courts here have said that UKBA can not enforce their rules requiring persons wanting to get married to have a Certificate of Approval. However, I doubt whether you will find a Registry Office prepared to marry you without one, and you could be in for a very long wait if you apply for one.

No, he is not Christian, he is muslim and I am not sure if religious marriage would be sufficient (whether he would get the same rights as if we had civil marriage, if he could apply for residence card and so)? And the possibility of getting married in his country hasnt even come to our minds, I will have to discuss this with him because it seems like quite good idea as well.

After getting married in his country, if we wanted to travel abroad, how would the situation change? Would he still have to apply for visa to European countries where normally I dont need visa or would he just apply for that Family Permit which you mentioned above?

I am sorry...I am sure some of my questions dont make much sense but I have never had to deal with something like this before...not being able to travel across the Europe whenever I want, so it is something completely unknown for me.

What you need is not so much a religious marriage, but a marriage that will be recognised by law. Obviously, many religious marriages will also have legal validity, but not all. It's worth looking into what the Slovakian government recognises and what it does not.

If you and he were married overseas, I think you would need to go down the line of an EEA family permit, in order for him to return to Europe with you. Have you had a look at the following link already?

http://www.ukba.homeoffice.gov.uk/eucit ... sibilites/

[sakura]

How long are you planning on staying in the UK? When do you plan to return to your studies?

[embrace]

If you make any sort of application to UKBA, it will take many months to get a decision, particularly because of your fiance's status.

If you are both Christians, you could try getting married in a Church of England. (You don't need UKBA permission for a C of E marriage). Once married, you would be entitled to apply to your embassy under EEA Rules for a Family Permit for your fiance to travel with you to Slovakia.

Otherwise as drjabberw.. suggests, the quickest way for you to resolve this is for you both to travel to your fiance's country and marry him there. Make sure it's a marriage recognised by the laws of that country (i.e. not some religious ceremony that has no legal force). Research the Slovakian immigration rules as well, so as you can make a proper application.

The Courts here have said that UKBA can not enforce their rules requiring persons wanting to get married to have a Certificate of Approval. However, I doubt whether you will find a Registry Office prepared to marry you without one, and you could be in for a very long wait if you apply for one.

No, he is not Christian, he is muslim and I am not sure if religious marriage would be sufficient (whether he would get the same rights as if we had civil marriage, if he could apply for residence card and so)? And the possibility of getting married in his country hasnt even come to our minds, I will have to discuss this with him because it seems like quite good idea as well.

After getting married in his country, if we wanted to travel abroad, how would the situation change? Would he still have to apply for visa to European countries where normally I dont need visa or would he just apply for that Family Permit which you mentioned above?

I am sorry...I am sure some of my questions dont make much sense but I have never had to deal with something like this before...not being able to travel across the Europe whenever I want, so it is something completely unknown for me.

What you need is not so much a religious marriage, but a marriage that will be recognised by law. Obviously, many religious marriages will also have legal validity, but not all. It's worth looking into what the Slovakian government recognises and what it does not.

If you and he were married overseas, I think you would need to go down the line of an EEA family permit, in order for him to return to Europe with you. Have you had a look at the following link already?

http://www.ukba.homeoffice.gov.uk/eucit ... sibilites/

Thank you drjabberwocky23,

I browsed some more websites and it says that EEA Family permit is issued for max. 6 months, then he would have to apply for residence documentation.
Also, "the documents are not conventionally visas as they are issued under the authority of free movement provisions of the Treaty of Rome and European Law rather than domestic United Kingdom immigration regulations." (from wikipedia) but on the link you send me it says EEA Family Permit is issued by UK Visa services...basically I am afraid if we ever wanted to come back to UK how would the fact that he overstayed affect his chance of getting Family Permit...?

Would he have to apply for EEA Family Permit to every single country we wanted to travel to or during the period it was issued for, would we be free to travel in countries which are members of EEA?

[drjabberwocky23]

If you make any sort of application to UKBA, it will take many months to get a decision, particularly because of your fiance's status.

If you are both Christians, you could try getting married in a Church of England. (You don't need UKBA permission for a C of E marriage). Once married, you would be entitled to apply to your embassy under EEA Rules for a Family Permit for your fiance to travel with you to Slovakia.

Otherwise as drjabberw.. suggests, the quickest way for you to resolve this is for you both to travel to your fiance's country and marry him there. Make sure it's a marriage recognised by the laws of that country (i.e. not some religious ceremony that has no legal force). Research the Slovakian immigration rules as well, so as you can make a proper application.

The Courts here have said that UKBA can not enforce their rules requiring persons wanting to get married to have a Certificate of Approval. However, I doubt whether you will find a Registry Office prepared to marry you without one, and you could be in for a very long wait if you apply for one.

No, he is not Christian, he is muslim and I am not sure if religious marriage would be sufficient (whether he would get the same rights as if we had civil marriage, if he could apply for residence card and so)? And the possibility of getting married in his country hasnt even come to our minds, I will have to discuss this with him because it seems like quite good idea as well.

After getting married in his country, if we wanted to travel abroad, how would the situation change? Would he still have to apply for visa to European countries where normally I dont need visa or would he just apply for that Family Permit which you mentioned above?

I am sorry...I am sure some of my questions dont make much sense but I have never had to deal with something like this before...not being able to travel across the Europe whenever I want, so it is something completely unknown for me.

What you need is not so much a religious marriage, but a marriage that will be recognised by law. Obviously, many religious marriages will also have legal validity, but not all. It's worth looking into what the Slovakian government recognises and what it does not.

If you and he were married overseas, I think you would need to go down the line of an EEA family permit, in order for him to return to Europe with you. Have you had a look at the following link already?

http://www.ukba.homeoffice.gov.uk/eucit ... sibilites/

Thank you drjabberwocky23,

I browsed some more websites and it says that EEA Family permit is issued for max. 6 months, then he would have to apply for residence documentation.
Also, "the documents are not conventionally visas as they are issued under the authority of free movement provisions of the Treaty of Rome and European Law rather than domestic United Kingdom immigration regulations." (from wikipedia) but on the link you send me it says EEA Family Permit is issued by UK Visa services...basically I am afraid if we ever wanted to come back to UK how would the fact that he overstayed affect his chance of getting Family Permit...?

Would he have to apply for EEA Family Permit to every single country we wanted to travel to or during the period it was issued for, would we be free to travel in countries which are members of EEA?

I amfraid I don't know the answers to those questions, but perhaps one of the more senior members of this board might. All I can say is that I would trust the UKBA website over wikipedia.

[embrace]

How long are you planning on staying in the UK? When do you plan to return to your studies?

The maximum I can stay in UK is until December 2009 and although I would prefer to leave much earlier, I can wait till that time... But in January 2010, I have to get back to university, as this year is the second time I have interrupted my studies (2 is max.).

[thsths]

I browsed some more websites and it says that EEA Family permit is issued for max. 6 months, then he would have to apply for residence documentation.

Yes, the EEA Family Permit is issued abroad, while in the UK you can apply either for FMRS or for a residence card. Unfortunately these applications take a long time, around 9 months.

Would he have to apply for EEA Family Permit to every single country we wanted to travel to or during the period it was issued for, would we be free to travel in countries which are members of EEA?

Yes, he would have to apply for every country. There are two exceptions, though. All Schengen country issue the same visa, so he only needs to apply once. And some countries do not require a visa if he has a residence card. This is what the law says, but other countries do not implement it correctly.

[embrace]

I browsed some more websites and it says that EEA Family permit is issued for max. 6 months, then he would have to apply for residence documentation.

Yes, the EEA Family Permit is issued abroad, while in the UK you can apply either for FMRS or for a residence card. Unfortunately these applications take a long time, around 9 months.

Thank you for your replies, btw, did you mean that issuing Family Permit takes around 9 months as well?

Would he have to apply for EEA Family Permit to every single country we wanted to travel to or during the period it was issued for, would we be free to travel in countries which are members of EEA?

Yes, he would have to apply for every country. There are two exceptions, though. All Schengen country issue the same visa, so he only needs to apply once. And some countries do not require a visa if he has a residence card. This is what the law says, but other countries do not implement it correctly.