non-eea unmarried overstayer

[Carlvan]

Hi,

I’m trying to decide what is the best course of action to sort out my partner’s immigration status and would really appreciate some help and advice.

My partner is an over stayer for the last 4 years and she is now pregnant. It is a case of stupid neglect, we met when she was here on a visit visa and she stayed but didn’t renew (If I knew I would have nagged her into doing it). She has never worked illegally and only use private health care and will of course continue to do so with the maternity care if we decide to stay in the UK.

I got dual nationality. I hold a EEA passport and gone through EEA PR process. A few years ago I also took British citizenship. I have been here for the last 20years and been working and paying taxes from day 1. I have never claimed any benefits.

I own the flat we live in which has enough space for a family and I got a job that pays more then enough to support us and we got a decent amount of savings both in the UK and in her country.

I’m guessing the options we have are:

1) EEA unmarried partner. We have been together and lived together for 4 years but we do not have enough evidence.
2) Get married in the UK and go down EEA. She is worried that the home office will storm the ceremony with drawn guns and throw her out on the first plane together with a 10-year ban.
3) Get married abroad and return under EEA. She is worried about receiving a 1-year ban at the airport and have to live alone bringing up the baby (I would obviously stay with her but…).
4) Get married and return under UK regulation. Same concern as 3.
5) Leave UK and reboot elsewhere. Probably the fairest as we haven’t followed the rules but I have become rather fond of this island.
6) Accept statues quo and continue as is. I do not want to do this.


The questions are:

Are any of these options realistic and doable?

Can we even use the EEA route as I’m now also British? I mean, am I technically exercising treaty rights?

If we go to her country and get married is there any way of avoiding a lengthy re-enter ban?

Are there any other options for us?

Thank you

[noajthan]

Hi,

...

I’m guessing the options we have are:

1) EEA unmarried partner. We have been together and lived together for 4 years but we do not have enough evidence.
2) Get married in the UK and go down EEA. She is worried that the home office will storm the ceremony with drawn guns and throw her out on the first plane together with a 10-year ban.
3) Get married abroad and return under EEA. She is worried about receiving a 1-year ban at the airport and have to live alone bringing up the baby (I would obviously stay with her but…).
4) Get married and return under UK regulation. Same concern as 3.
5) Leave UK and reboot elsewhere. Probably the fairest as we haven’t followed the rules but I have become rather fond of this island.
6) Accept statues quo and continue as is. I do not want to do this.


The questions are:

Are any of these options realistic and doable?

Can we even use the EEA route as I’m now also British? I mean, am I technically exercising treaty rights?

If we go to her country and get married is there any way of avoiding a lengthy re-enter ban?

Are there any other options for us?

Thank you

1) No, BC trumps EEA citizenship under UK law (yes, even before Brexit); you cannot (normally) sponsor anyone on EU route.

2) No, see #1

3) No, see #2

4) Only hope.

5) Your choice.

This could include SS route by sojourn in a.n.other member state. Ofcourse thre is unlikely to be enough time to return and for partner/wife to acquire PR in UK in normal way (due to looming Brexit exit).

6) Unviable. There will be consequences if you have any ambition of a joint future in UK.

[Casa]

You can no longer sponsor your partner under the EEA Regulations now you also hold British citizenship.

In order to marry in the UK you would have to give register your intent with a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO who can then extend the notification period from 28 to 70 days in order to interview you both should they choose to do so, before the wedding can take place. There would be a significant risk of your partner being detained on the day of the interview.

IMHO the sensible option would be to marry in your partner's home country and apply for a spouse settlement visa from outside of the UK. From what you have posted regarding her immigration history, there should be no ban on entering as a spouse.

This is assuming that you are able to show minimum income of £18,600 p.a and can pay the £1195 visa fee + £500 NHS surcharge. This would give your wife free access to NHS facilities, including the cost of the birth of your baby.

Edit: beaten by noajthan.

[Carlvan]

Thank you both,

It is good to know that the EEA route is out, makes the choices easier.

IMHO the sensible option would be to marry in your partner's home country and apply for a spouse settlement visa from outside of the UK. From what you have posted regarding her immigration history, there should be no ban on entering as a spouse.

Money wise there should be no problems. Is there any documentation showing that there would be no ban that I could show here to ease her mind? Or maybe I should ask in the correct forum for help with that.

Thank you

[Casa]

Instructions to Immigration Officers -
1.4 RFL5.4 When does rule 320(7B) not apply? rule A320
Under paragraph A320 of the immigration rules, you must not refuse an applicant under 320(7B) if they are applying for settlement as a family member under appendix FM but you may consider whether the applicant falls to be refused under the suitability requirements namely S-EC.1.8.:

https://www.gov.uk/government/publicati ... 20#header4



Refusal under 320(11) doesn't appear to be relevant according the immigration history you've posted.
When can I refuse under 320(11)
https://www.gov.uk/government/publicati ... raph-32011

[Carlvan]

Thank you, really appreciated!

[Tobar]

Hi,

I’m Carlvan but I can’t login or reset the password for my account (it says I do not have permission to ask for a password reset?) so I have reregistered under a new name :/

After my last post I never managed to persuade my partner to go back home to go down the marriage route due to an outbreak of the Zika virus in her home country. We have now had the baby here in the UK. I was getting ready for a second round of let’s go and get this sorted once and for all when I read that just maybe we could actually apply in country with a FLR(m) application based on having a British child together?

Can this be done at a premium service centre if we got all papers together correctly or is it a postal application only that takes a year or two?

Are there any specific curveballs to look out for if we try this route? I.e is the birth certificate with my name on it and my passport enough or should I first get my babies passport to prove that she is British?

Thank you

[Casa]

Not FLR(M), but you could try FLR(FP) Partner route. If granted, this would be a 10 year route to ILR (settlement).

In person applications aren't appropriate for a complex case such as yours as the junior Case Workers at the PSC simply don't have the level of seniority to make a decision.