Overstayed, want to marry Hungarian GF, got a few questions

SmokedGuru · Post by **SmokedGuru** » Sun May 05, 2013 5:06 am

Hi,

I came to the UK in 2010 and (needless to say) overstayed. I am an Indian. The UKBA have my bio-metrics as well. I have been living in with my Hungarian girlfriend for 3 months now and are thinking of getting married. The questions I have is:

1. Will it be a problem getting married in the UK?
2. If no (to question 1), what other ID can I show at the Marriage Registry. I don't want to show my passport and I don't have any other UK IDs. I do have my Indian PAN card though (has pic, DOB and name), its some sort of ID in India.
3. Is the Marriage Registry obligated to send marriage application details to the UKBA?
4. Can I apply for an EEA visa on my current passport?
5. Can you apply for same day visa service for EEA visas (marriage visas)?
6. Does she need to be working in order for me to apply for a visa? She doesn't claim any benefits at all nor does she work.
7. I've heard it usually takes anywhere between 1 to 6 months for the visa to be stamped. Have they been cases where it has taken more time. If yes, anyone know why?
8. IF it is going to be an issue getting married here then what options do I have (can I go to another EU state illegally and get married there? or go back home and get married there?)
9. Please advice on any added information if possible please. Anything will be much appreciated.

Thanks!

Post by **sheraz7** » Sun May 05, 2013 2:57 pm

Despite having visa is not necessary under EEA route but still passport will be needed to give the notice of marriage at registry office and when they will examine an expired visa then certainly report it to UKBA.

SmokedGuru · Post by **SmokedGuru** » Sun May 05, 2013 3:22 pm

sheraz7 wrote:Despite having visa is not necessary under EEA route

Don't quite understand what you meant to say.

Thanks for replying though.

Does it make sense to even pursue trying to get married here or should I go back home or try and get into another EU state and marry there?

Anyone, please any kind of information would help.

SmokedGuru · Post by **SmokedGuru** » Sun May 05, 2013 4:08 pm

Also, can the UKBA stop me from getting married and / or deport me?

Post by **sheraz7** » Sun May 05, 2013 4:21 pm

SmokedGuru wrote:Also, can the UKBA stop me from getting married and / or deport me?

Yes because your relation with EEA national is only 3 months too.

SmokedGuru · Post by **SmokedGuru** » Sun May 05, 2013 4:50 pm

Nope - I have known her for 2 years and only now we've started to live-in together. Can they still stop the marriage/deport?

What do I need to show as proof that we've known eachother for so long. The phone number's we've used are pay as you go.

Post by **sheraz7** » Sun May 05, 2013 8:11 pm

SmokedGuru wrote: What do I need to show as proof that we've known eachother for so long.

Joint accounts/tenancy agreements/utility bills/joint travel tickets or booking etc. and the interview with caseworker in liverpool for about 4 hours.

too old · Post by **too old** » Mon May 06, 2013 12:10 am

ALONG WITH What sheraz mentioned you can also show historic emails, photos when you two would havegone out together or had meals together, birthday and other greeting cards historical which will assist you proving to them that you have been together for about 2 years as you stated

too old · Post by **too old** » Mon May 06, 2013 12:11 am

Your best bet would be to seek professional advice from someone like a solicitor or something who can chase you up incase of any unexpected circumstances

yogsmith · Post by **yogsmith** » Mon May 06, 2013 12:59 am

Sorry to say my Indian brother but from kind of questions you have asked, look like you want to live in the UK desperately for what reason god knows. Our country is far more better and diverse than UK and there are huge potential for business in India. Since last 5 years UK have proven that it is not going to get over of recession.

Vinayak · Post by **Vinayak** » Tue May 07, 2013 1:55 am

The least troublesome way for you to go back home get married and apply for a EEA family permit. No point wasting money on solicitors .

ukforever · Post by **ukforever** » Tue May 07, 2013 4:38 pm

Vinayak wrote:The least troublesome way for you to go back home get married and apply for a EEA family permit. No point wasting money on solicitors .

agree on not wasting money on solicitors,they are just there to suck u out of your blood dry..!!but what i would suggest is,it may be better to go back to your country and get everything ready paperwork wise payslips,and other proofs get married and apply for the family permit,but u need to know another thing ,is that it could take months and months,when the ukba sees your application and specially when u apply for the FP just after marriage and they will officially find out that u overstayed your visa,its more likely that they would refuse based on them thinking that its a marriage of conviniance.
and it could take up to 6 to 7 month if not more to overturn the decision after appeal process.
what u can do right now,if your passport is expired,u can do something that it may help..i know of some one who overstayed his visa for 6 years,his passport was expired and wanted to get married,i don't know if u know this or not,but u can go to see a lawyer and ask him to write a letter for u ,that u are going to get married,first u need to go to the council and ask them for notice of marriage,u need to go with your future wife to be,when they give that then u need to go to the lawyer for the letter i told u about,basically its a letter addressed to your country's embassy stating that u are about to get married in the registry office of XX the same name of the one u got the notice of marriage letter from and u need a new passport in order for u to get married(u can't get married with an expired passport),then you take everything with you plus the expired passport and logged your application for a new passport,my friend did the same as i explained,got a date to get married after he attended the notice of marriage with his wife and got married in the date chosen with no problem at all,no immigration officers,no ukba ,it all depends on everyone's case,my friend got married last year in march,he started the process for his new passport October 2011,got it sorted a month later.
forgot the mention,the solicitor fee was £50 if not less,not sure but i think it was just £50 quid.
if the passport is not expired ,all what i was explaining to u is not relevant to your case.

Vinayak · Post by **Vinayak** » Wed May 08, 2013 12:28 pm

If you don't have a passport the above mentioned method is a right pain. Well and as far as the fp case is concerned you will hear from them within a month the latest as long as you chase it up say month and a half the latest.

SmokedGuru · Post by **SmokedGuru** » Wed May 08, 2013 4:43 pm

Thanks all for your invaluable information. Appreciate it!

too old - I can get a joint account. Got a few pictures here and there. Not too many correspondence exchanged since we pretty much never lived away from eachother. And yes, I'll take your advice and get talking with a solicitor. However, as per your knowledge - do you think the above should be good enough?

Yogsmith - with due respect my friend, I have a different viewpoint from yours and I'm not saying you're wrong. However, I don't want to get stuck in India for the next 10 years with no country allowing me to travel. That would be pretty much half my life gone. I want to experience life, travel, see different cultures. To be honest, I know I can go back home and live a comfortable life with a good job, house, money etc (I'm a web developer) but is that all there is to life?! I had the most useless people advising me initially and that's why I'm in this position.

Vinayak - that by far seems to be the best bet. Will I be able to get an EEA visa without any hassles if I go back?

UKforever - thanks bud. Don't think what you mentioned is for me.

Vinayak · Post by **Vinayak** » Thu May 09, 2013 6:06 am

Yes provided your relationship is genuine.

Vinayak · Post by **Vinayak** » Thu May 09, 2013 9:01 am

Also your partner has to be exercising her treaty rights.

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Overstayed, want to marry Hungarian GF, got a few questions

Overstayed, want to marry Hungarian GF, got a few questions