ILR complicated case (EEA Partner+visa issues, help please.

[Bselinax]

Hi all,

I am the EEA partner of a non EEA national.
I have recently applied for my PR as I have been exercising treasy right for past five years.

My partner (not married) is a non EEA. He has entered the UK in 2009 with student visa and he renewed it and did a degree till 2015. Then he applied for entrepreneur visa for which he got refused with right to appeal, when he appealed and went to the court hearing he had been told that there was something wrong with hes statement (im not too sure what) and he said that it was he's solocitor that messed up if anything is wrong. After this he had been refused again and given right to appeal again. he did appeal again and in May 2017 he has received a letter saying that he doesn't have right to work till decision was made.

He is still waiting for a decision. Now , we are planning to get married soon, he has been living in UK for 8 years legally, if we get married after two years will he be able to apply for ILR? Instead of waiting five years as EEA partner to apply for EEA PR?

I should get my EEA PR before we get married and would be able to naturalise as British citizen after marriage (I will be having dual citizenship) so in this case even tho he will have EEA residence card will he be able to apply for ilr in two years as I will be British citizen next year (hopefully)?

Please help me out I am so confused .

Thank you

[CR001]

Unless his appeal is successful, he will have been an overstayer since his last visa expired and therefore won't qualify for ILR based on 10 years long residence.

[Bselinax]

Unless his appeal is successful, he will have been an overstayer since his last visa expired and therefore won't qualify for ILR based on 10 years long residence.

Thank you for reply

I do not want to get married to him after he gets the hearing date cos otherwise they will think its marriage of convenience. Can we not get married by showing his HO letter and the registry con contact HO and verify his passport with them? So that if we get married while his application is in process and is unsuccessful we can straight way apply for EEA residence card. Or we can scrap the idea of getting entrepreneur visa and after marriage just apply to get his passport back and send off application for RC.

ALso hearing date take so long, even if we get a date the hearing will probably be next year

How can I make all this work out so that he can use his 8 years residency and get ILR in 2 years.

[CR001]

You can't make it 'work'. If his appeal fails, he is an overstayer and will not qualify for ILR based on 10 year long residence, end of, no discretion option here at all.

Once you give notice to marry, the Registry office informs HO and this notice period can get extended to 70 days for HO to investigate and / or interview each of you separately BEFORE they will consider giving permission for you to marry.

HO will still assume a marraige of convenience and that he is attempting to find a way to stay in the UK.

[vinny]

As a marriage to an EEA national confers an advantage over the UK Immigration Rules, there appears nothing to prevent the UKVI from claiming that it's a marriage of convenience, practically by definition.