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Non eu "overstayer" wanting to marry EU partner in the UK

General UK immigration & work permits; don't post job search or family related topics!

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mariee
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Non eu "overstayer" wanting to marry EU partner in the UK

Post by mariee » Mon May 08, 2017 7:19 pm

My story is messy -

I'm a non EU national who entered the UK in 2000 legally on a 2yr work/study visa I was able to extend to 2005. In 2005 I applied to extend as I also switched courses same academic level. I paid my fees approx £600 my credit card called to verify the payment via automated service -payment went through.

8 weeks past I called the HO was told normal time is 8-12 wks but due to the time of yr they are expeiencing high volume . 6mths goes to 1yr NOTHING I went in person to Lunar house got no information , wrote letters, called nothing this cycle went on for several yrs

In 2009 I recieved a letter stating my application is in a backlog of unresolved CRD asking for pictures and passport confused I went to a solicitor aquired my Subject access file it stated - Application voided reason code - NON Payment returned to sender ADDRESS UNKNOWN method VIA A BAG ( I assure you I am not making this up) Solicitor sent a few letters a then went bankrupt.

- Solictor 2 start of new process 6 months to get my file hes advised that my application is in a legacy asylum backlog ( Note I never applied for asylum nor claimed any benifits) he proceeds to submit a Pre action Protocol before going for a Judicial Review giving them 14 days to reply - HO replies they dont have him on file represnting me ( Note they sent my Subject access file to him months before ) 9months no relpy got my MP to write in to them

I move cities & laywers #3 start the process of notification again! He advised I submit a fresh application on the basis I was in the UK for 14yrs
HO responded with a non stop letter asking me to report in every 2weeks - ( this is now bimonthly)
FWD - We went to the lower tribunal - On the day Barrister was late ( I never met her prior or had a consultation - she was on social media, throughout the previous cases .. 30mins before I was up she asked where was my partner I said hes at work abroad as I was not relying on my personal relationship he's not here this case was an administrative error. In the hearing I was asked about my relationship and was advised by BOTH the HO representative and the Judge to reapply under the unmarried partner route, even cited cases where the appellant need not leave the country to apply

I did it was refused on the basis that we did not submit property deeds for the 3 uk properties he owned & letter from his employer confirming he worked there .. he was the owner /director of the company . With rights to appeal however the stress of it ended a 7yr relationship.

Went through the Upper tribunal no HO rep but I was let down by my solicitor... I was refused 2nd judge upheld the ruling

Fast fwd I am now in a new healthy relationship with an EU national he's proposed we live together etc I sought advice from a 4th Lawfirm who advised an out of country ... Lawyer 3 has advised in country.

Given that its coming up to 17yrs in the UK what are my chances that I will be allowed reentry if we marry outside the UK.

My time is ticking as I have contacted the voluntary returns team, but not started the process as my fiance is convinced in the UK is the better option.

Sorry for the lenghty narrative I appreciate any advice

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CR001
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Re: Non eu "overstayer" wanting to marry EU partner in the U

Post by CR001 » Mon May 08, 2017 8:38 pm

Posts are not deleted. This is clearly stated in the forum T&Cs, which you were required to read when you registered as a new member. If there is a small part of a paragraph you wish to have edited, please let us know.

As you have not named a legal professional in your post, the post is in the required sense of the forum rules, anonymous.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

mariee
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Posts: 9
Joined: Mon May 08, 2017 6:24 pm

Re: Non eu "overstayer" wanting to marry EU partner in the U

Post by mariee » Mon May 08, 2017 9:50 pm

Can you offer any advise on the subject matter? That would be greatly appreciated.. I intend to report the representative to the oisc.

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