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OVERSTAYER Uk

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Federico
Newly Registered
Posts: 3
Joined: Sat May 11, 2013 2:47 pm

OVERSTAYER Uk

Post by Federico » Sat May 11, 2013 2:55 pm

Hi forum, If you are an overstayer in the UK and you are back in your country,but while you are in the UK you (NON EEA)got married with an EEA person. but left the UK and did not pursue the application, but you were tagged an overstayer by 3 months.
My question is
1. Does this affect your application for a visa to another country not Europe.
2. does it record in ur passport that your were married .

Amber
Moderator
Posts: 17506
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Re: OVERSTAYER Uk

Post by Amber » Sat May 11, 2013 3:43 pm

Federico wrote:Hi forum, If you are an overstayer in the UK and you are back in your country,but while you are in the UK you (NON EEA)got married with an EEA person. but left the UK and did not pursue the application, but you were tagged an overstayer by 3 months.
My question is
1. Does this affect your application for a visa to another country not Europe.
2. does it record in ur passport that your were married .
Not unless the other country asks have you ever overstayed. Your passport doesn't state whether you're married but the visa application could ask. What are your intentions? To remarry without divorcing/annulling?
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

Federico
Newly Registered
Posts: 3
Joined: Sat May 11, 2013 2:47 pm

Re: OVERSTAYER Uk

Post by Federico » Sat May 11, 2013 4:54 pm

D4109125 wrote:
Federico wrote:Hi forum, If you are an overstayer in the UK and you are back in your country,but while you are in the UK you (NON EEA)got married with an EEA person. but left the UK and did not pursue the application, but you were tagged an overstayer by 3 months.
My question is
1. Does this affect your application for a visa to another country not Europe.
2. does it record in ur passport that your were married .
Not unless the other country asks have you ever overstayed. Your passport doesn't state whether you're married but the visa application could ask. What are your intentions? To remarry without divorcing/annulling?

what if i get to another country and decide to marry without divorce of the former. what happens

eldane
Member
Posts: 184
Joined: Tue Jan 06, 2009 3:32 pm
Location: Milton Keynes, UK
Mood:
Denmark

Re: OVERSTAYER Uk

Post by eldane » Sat May 11, 2013 5:27 pm

Federico wrote:what if i get to another country and decide to marry without divorce of the former. what happens
***Good luck***

Bigamy
From Wikipedia, the free encyclopedia

In cultures that practice marital monogamy, bigamy is the act of entering into a marriage with one person while still legally married to another. Bigamy is a crime in most western countries, and when it occurs in this context often neither the first nor second spouse is aware of the other. In countries that have bigamy laws, consent from a prior spouse makes no difference to the legality of the second marriage, which is usually considered void.

By country

Australia: Illegal. Up to 5 years imprisonment.
Belgium: Illegal. 5 to 10 years imprisonment.
Brazil: Illegal. 2 to 6 years imprisonment.
Canada: Illegal under the Criminal Code, sect 293.
China: Illegal (but tolerated for some minorities, such as Tibetans, in some rural areas in the South West) .
Colombia Illegal with exceptions (such as religion). Although bigamy no longer exists as a lone figure in the Colombian judicial code marrying someone new without dissolving an earlier marriage may yield to other felonies such as civil status forgery or suppression of information.
Egypt: Legal if first wife consents
Eritrea: Illegal. Up to 5 years imprisonment.
All the 27 countries of the European Union (see special note for the United Kingdom): Illegal.
Iceland: Illegal according to the Icelandic Act on Marriage No. 31/1993, Art. 11.
Ghana: Illegal. Up to six months imprisonment.
Republic of Ireland: Bigamy is a statutory offence. It is committed by a person who, being married to another person, goes through a ceremony capable of producing a valid marriage with a third person. The offence is created by section 57 of the Offences against the Person Act 1861.[13] This section replaces section 26 of the Act 10 Geo. 4 c. 34 for the Republic of Ireland.
Israel: Illegal. Up to 5 years imprisonment.
Iran: Legal with consent of first wife, rarely practiced.
India: Legal only for Muslims. Up 10 years of imprisonment for others.
Libya: Illegal. Possible 5 years of imprisonment
Malaysia: Permitted for Muslims; required to obtain judicial consent, show financial capability, and several strict conditions. Some variation in law between states (family law relating to non-Muslims is under federal jurisdiction).
Maldives: Permitted for anyone.
Malta: Illegal under the Marriage Act of 1975, section 6.
Netherlands: Illegal. Up to 6 years imprisonment. If the new partner is aware of the bigamy he or she can be imprisoned for a maximum of 4 years.
New Zealand: Illegal under section 205 of the Crimes Act 1961. Up to 15 years imprisonment.
Morocco: Permitted for Muslims, restrictions apply.
Pakistan: Polygamy in Pakistan is permitted with restrictions.
Saudi Arabia: Bigamy or Polygamy is legal.
South Africa: Legalized for indigenous, black traditionalists by the Customary Marriages Act 120 of 1998.
Somalia: Polygamy is legal at marriage courts; long standing tradition.
Tunisia: Illegal. Up to 5 years imprisonment
Turkey: Illegal. Up to 5 years imprisonment
United Kingdom: Illegal, although marriages performed abroad may be recognised for some legal purposes (see Polygamy in the United Kingdom). In the United Kingdom a person guilty of bigamy is liable, on conviction on indictment, to imprisonment for a term not exceeding seven years,[17] or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum, or to both.
United States: Illegal in every state. Penalty up to 5 years. (but see Polygamy in North America)
In the United States, the Model Penal Code (section 230.1) defines bigamy as a misdemeanor and polygamy as a felony. Having more than one spouse at the same time gets classified as polygamy, and bumped to a felony, if it is done "in purported exercise of a plural marriage..."
Uzbekistan: Illegal.
Good intentions are appreciated but results are what matters..

zubby007
Member of Standing
Posts: 385
Joined: Sat Mar 03, 2012 7:11 pm
Location: Home4all

Re: OVERSTAYER Uk

Post by zubby007 » Sat May 11, 2013 8:20 pm

[quote="Federico"][quote="D4109125"][quote="Federico"]Hi forum, If you are an overstayer in the UK and you are back in your country,but while you are in the UK you (NON EEA)got married with an EEA person. but left the UK and did not pursue the application, but you were tagged an overstayer by 3 months.
My question is
1. Does this affect your application for a visa to another country not Europe.
2. does it record in ur passport that your were married .[/quote]

Not unless the other country asks have you ever overstayed. Your passport doesn't state whether you're married but the visa application could ask. What are your intentions? To remarry without divorcing/annulling?[/quote]


what if i get to another country and decide to marry without divorce of the former. what happens[/quote]

The best option is to be honest when filling in Applications so you could remember them in the future.

eng.kamo
Newbie
Posts: 43
Joined: Fri Mar 29, 2013 9:12 am

Re: OVERSTAYER Uk

Post by eng.kamo » Sun May 12, 2013 8:56 am

eldane wrote:
Federico wrote:what if i get to another country and decide to marry without divorce of the former. what happens
***Good luck***

Bigamy
From Wikipedia, the free encyclopedia

In cultures that practice marital monogamy, bigamy is the act of entering into a marriage with one person while still legally married to another. Bigamy is a crime in most western countries, and when it occurs in this context often neither the first nor second spouse is aware of the other. In countries that have bigamy laws, consent from a prior spouse makes no difference to the legality of the second marriage, which is usually considered void.

By country

Australia: Illegal. Up to 5 years imprisonment.
Belgium: Illegal. 5 to 10 years imprisonment.
Brazil: Illegal. 2 to 6 years imprisonment.
Canada: Illegal under the Criminal Code, sect 293.
China: Illegal (but tolerated for some minorities, such as Tibetans, in some rural areas in the South West) .
Colombia Illegal with exceptions (such as religion). Although bigamy no longer exists as a lone figure in the Colombian judicial code marrying someone new without dissolving an earlier marriage may yield to other felonies such as civil status forgery or suppression of information.
Egypt: Legal if first wife consents
Eritrea: Illegal. Up to 5 years imprisonment.
All the 27 countries of the European Union (see special note for the United Kingdom): Illegal.
Iceland: Illegal according to the Icelandic Act on Marriage No. 31/1993, Art. 11.
Ghana: Illegal. Up to six months imprisonment.
Republic of Ireland: Bigamy is a statutory offence. It is committed by a person who, being married to another person, goes through a ceremony capable of producing a valid marriage with a third person. The offence is created by section 57 of the Offences against the Person Act 1861.[13] This section replaces section 26 of the Act 10 Geo. 4 c. 34 for the Republic of Ireland.
Israel: Illegal. Up to 5 years imprisonment.
Iran: Legal with consent of first wife, rarely practiced.
India: Legal only for Muslims. Up 10 years of imprisonment for others.
Libya: Illegal. Possible 5 years of imprisonment
Malaysia: Permitted for Muslims; required to obtain judicial consent, show financial capability, and several strict conditions. Some variation in law between states (family law relating to non-Muslims is under federal jurisdiction).
Maldives: Permitted for anyone.
Malta: Illegal under the Marriage Act of 1975, section 6.
Netherlands: Illegal. Up to 6 years imprisonment. If the new partner is aware of the bigamy he or she can be imprisoned for a maximum of 4 years.
New Zealand: Illegal under section 205 of the Crimes Act 1961. Up to 15 years imprisonment.
Morocco: Permitted for Muslims, restrictions apply.
Pakistan: Polygamy in Pakistan is permitted with restrictions.
Saudi Arabia: Bigamy or Polygamy is legal.
South Africa: Legalized for indigenous, black traditionalists by the Customary Marriages Act 120 of 1998.
Somalia: Polygamy is legal at marriage courts; long standing tradition.
Tunisia: Illegal. Up to 5 years imprisonment
Turkey: Illegal. Up to 5 years imprisonment
United Kingdom: Illegal, although marriages performed abroad may be recognised for some legal purposes (see Polygamy in the United Kingdom). In the United Kingdom a person guilty of bigamy is liable, on conviction on indictment, to imprisonment for a term not exceeding seven years,[17] or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum, or to both.
United States: Illegal in every state. Penalty up to 5 years. (but see Polygamy in North America)
In the United States, the Model Penal Code (section 230.1) defines bigamy as a misdemeanor and polygamy as a felony. Having more than one spouse at the same time gets classified as polygamy, and bumped to a felony, if it is done "in purported exercise of a plural marriage..."
Uzbekistan: Illegal.

Enough said :D This comment destroyed his day i guess :D

Federico
Newly Registered
Posts: 3
Joined: Sat May 11, 2013 2:47 pm

Re: OVERSTAYER Uk

Post by Federico » Sun May 12, 2013 2:19 pm

ok people thanks a lot.

I have been classed as an overstayer, i have received a letter from CAPITA to leave the country if i do not wana seek a lawyer for my case. To be honest i dont want to do so. my EEa spouse will join me in my country.
I had called them telling them that choices will sort out my travelling, but then i changed my mind cos of the future implications of coming back. i can book my ticket alone.
I was told i would be called to notify about my passport but i should not make any travel arrangement yet.
i really wana work into any of their offices to ask that i need to travel and should arrange for my passport.
Will i be detained as an overstayer?

Amber
Moderator
Posts: 17506
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Re: OVERSTAYER Uk

Post by Amber » Sun May 12, 2013 4:20 pm

Federico wrote:ok people thanks a lot.

I have been classed as an overstayer, i have received a letter from CAPITA to leave the country if i do not wana seek a lawyer for my case. To be honest i dont want to do so. my EEa spouse will join me in my country.
I had called them telling them that choices will sort out my travelling, but then i changed my mind cos of the future implications of coming back. i can book my ticket alone.
I was told i would be called to notify about my passport but i should not make any travel arrangement yet.
i really wana work into any of their offices to ask that i need to travel and should arrange for my passport.
Will i be detained as an overstayer?
Are you saying that you want to go back to your home country and marry someone else without divorcing your EEA spouse?
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

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