Illegal Stayer from the USA falls in Love with English guy

Rogerio · Post by **Rogerio** » Sat Jul 08, 2006 9:28 pm

Ok Guys, here's the laydown:

1 - Illegal stayer for just under 2 years on tourist visa (from the USA) meets English guy and start dating - pretending he had an Irish passport to the English guy.

2 - They've been dating for about 1 1/2 yrs and have bills together (utility bills in both names, and letters addressed to same address).

3- American comes clean recently to the English guy saying he is illegal.

4 - English guy in love, wants the American to stay and prepared to go through the civil partnership process

5 - American guy still in England, unsure how to proceed.

Any advice on how to proceed with the civil partnership thing?

ppron747 · Post by **ppron747** » Sat Jul 08, 2006 10:29 pm

Not possible in UK, I think.... Would require a COA, the same as marriage does, and that wouldn't be gettable by an overstayer...

I can't see how this couple would be able to go through a UK civil partnership ceremony, as the law stands at the moment. Some British Embassies can perform them, but the problem is that the non-Brit party needs to produce a "Certificate of No Impediment" from the Embassy of his home country, and I doubt that the US authorities would issue one for a same-sex relationship - although it wouldn't do any harm to ask the US Embassy. If they will, then a ceremony in Dublin might be an option - have a look at this page on the website of the British Embassy there for full details of what's required.

BUT the US citizen won't be able to get a civil partner UK visa in Dublin - he'll need to return to the US for that. This page on the UKVisas website explains the requirements.

On reflection, I think the most straightforward thing would be for the US cit to return home and apply for a "proposed civil partner" visa there. I can't think of an easier way of doing it, I'm afraid....

Rogerio · Post by **Rogerio** » Sat Jul 08, 2006 10:36 pm

Thanks Paul, I guess the American guy will return to the US and request the proposed civil partner visa and perform the civil partnership here.

Just checked the HO website and that seems to be the right thing to do.

Thanks again m8.

Rogerio

Post by **John** » Sat Jul 08, 2006 10:45 pm

One way or another the American is going to have to leave the UK in order to regularise his position.

The UK Government has lost a Court Case about CoAs and sometime might need to change the regulations. However, even if it does that in such a way favourable to the American, and they manage to register a Civil Partnership, he would then need to go back to the States to get his settlement visa.

Accordingly, as already said by Paul above, the best course of action is that he leaves the UK in the very near future, and when back in the States he applies for a Proposed Civil Partner visa (similar to a fiancé(e) visa).

Armed with that visa he would then come back to the UK, register the Civil Partnership, and then apply in the UK for a Civil Partner visa (similar to a spouse visa).

The time in the UK before he goes back to the States needs to be spent putting together a good and comprehensive "evidence folder", to use to assist in getting the Proposed Civil Partner visa in the States.

Rogerio · Post by **Rogerio** » Mon Jul 10, 2006 5:30 pm

Thank you John / Paul.

Two other questions, if I may:

1) Overstaying on a tourist visa

When you enter the UK on a non EU passport as a tourist how long is the landing card information kept in the HO records?

The American guy who overstayed was told by an immigration adviser that every time he entered on a tourist visa, the HO did not keep that information. As far as I know that information is indeed kept, regardless of one's reason to enter the UK.

Can anyone cofirm either way?

2) Would overstaying here jeoparding his application for a prospective civil partnership visa? That is, if in the form he is requested to disclose any past overstay in this country.

I think that overstaying or not cannot jeopardise a visa that leads to settlement, but I'm not sure.

Thank you again,

Rogerio

ppron747 · Post by **ppron747** » Mon Jul 10, 2006 5:40 pm

I'm sure there was a post here a few months ago in which the poster described having made a "Subject Access Request", the result of which demonstrated that the Home Office keeps this information for many years. I've been searching for it, but cannot find it - perhaps it was someone who has left and deleted his posts on the way out....

Rogerio · Post by **Rogerio** » Mon Jul 10, 2006 5:57 pm

I requested that myself.... and it only showed all of my incomings/outgoings whilst on a work permit.. not as a tourist. Hence my doubt / question.

Dawie · Post by **Dawie** » Tue Jul 11, 2006 10:15 am

I requested that myself.... and it only showed all of my incomings/outgoings whilst on a work permit.. not as a tourist. Hence my doubt / question.

How could they have a record of your outgoings with no embarkation controls?

Post by **John** » Tue Jul 11, 2006 10:47 am

How could they have a record of your outgoings with no embarkation controls?

There may be other stamps in the passport that state arrival date in another country. These might be used to verify information about date of leaving the UK.

The UK Government says that it intends to introduce embarkation controls. But when? Who knows.

Dawie · Post by **Dawie** » Tue Jul 11, 2006 10:53 am

There may be other stamps in the passport that state arrival date in another country. These might be used to verify information about date of leaving the UK.

Sure, but Rogerio mentioned that he got this information from the Home Office and of course it's impossible for the Home Office to know what stamps you have in your passport.

In any case though, arrival stamps from another country don't conclusively prove that you arrived there from the UK. You could have arrived from any other country that doesn't have embarkation controls (and there are a few others).

Rogerio · Post by **Rogerio** » Tue Jul 11, 2006 11:04 am

Sorry, my mistake. They only indicated my arrivals in the UK.... apologies. What I want to know is whether they normally keep visitor's entries in their records.

Apols again.

Rogerio

Dawie · Post by **Dawie** » Tue Jul 11, 2006 11:17 am

I would hazard a guess that when you applied for the information from the Home Office based on your work permit you supplied them with some kind of reference number from your work permit.

It wouldn't surprise me if the Home Office references entry information on a per visa basis rather than on your personal details. In other words they probably do a search for all entries for visa reference number XXXX rather than doing a search for all entries for Mr John Smith born 1 July 1950.

Rogerio · Post by **Rogerio** » Tue Jul 11, 2006 1:06 pm

Rogerio wrote: 2) Would overstaying here jeoparding his application for a prospective civil partnership visa? That is, if in the form he is requested to disclose any past overstay in this country.

I think that overstaying or not cannot jeopardise a visa that leads to settlement, but I'm not sure.

Any views on this one please? Thanks.

ppron747 · Post by **ppron747** » Tue Jul 11, 2006 1:29 pm

I very much doubt it, if the application is OK in every other respect.

My only slight doubt is that if there were something else wrong with the application, which resulted in it being "50/50" whether it would succeed, then the overstay might possibly tip the scales the wrong way - but this is only speculation, and I guess the answer is to make sure there isn't anything else that might put it in doubt...

Rogerio · Post by **Rogerio** » Thu Jul 13, 2006 9:15 am

Thanks Paul.

Rogerio

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Illegal Stayer from the USA falls in Love with English guy

Illegal Stayer from the USA falls in Love with English guy