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✎ EN Overstayed non-EU marrying to EU partner
    

Discussie in 'Immigration UK' gestart door nutmeg, 23 jan 2006.

  1. nutmeg

    nutmeg New Member

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    Hi, I'm non-EU girl living in the UK with my EU boyfriend.
    We're planing to go to my country, get married,
    apply for EEA Family Permit in UK embassy,
    and come back here.
    However, I've got some problem.......................
    I've been overstaying in the UK for 4 years,
    and have a new passport without visa stamps, issued in the UK.
    Does it affect for applying the permit??????
    Also I'm worrying about random exit check at the airport.
    I might be refused to come back here?

    Could anyone give me any advise, please!!!
     
    #1 nutmeg, 23 jan 2006
  2. Triple H

    Triple H Addicted member

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    Under EC law basis for expulsion or non admission(of Family member) to member state can be based only on grounds of public policy,public security,or public health.Immigration offences(e.g overstaying,do not come into these categories) :read:
     
    #2 Triple H, 23 jan 2006
  3. nutmeg

    nutmeg New Member

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    Hi Triple H, thank you for your reply.

    If I was asked about overstay at the interview in the UK embassy,
    is it ok to tell them the truth, not to lie?
     
    #3 nutmeg, 25 jan 2006
  4. Triple H

    Triple H Addicted member

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    Personaly I would not lie.

    You must make sure you have all the papers ready,your spouse residence permit would be an advantage,as well as the history of your relationship.
     
    #4 Triple H, 25 jan 2006
  5. nutmeg

    nutmeg New Member

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    Hi, I'm in Japan that where I'm from, with my Italian husband now.
    I applied for EEA family permit in the UK embassy, but was REFUSED yesterday,
    because they think it was a marriage of convenience.
    We were so unsatisfied of their answer and they explained why NOTHING!!
    Do you think it's going to be difficult to appeal?
    They told us it'll take several months, that mean we have to
    stay separate for a while which we don't want to.
    Do we have to ask a lawyer?
    Anyway I need to go back to the UK to sort out lots of my luggages
    at least, is it possible for me to apply Family Visitor visa?

    We don't know what to do and who to ask,
    could anyone give us an advise please!!

    Thank you.
     
    #5 nutmeg, 9 mei 2006
  6. Triple H

    Triple H Addicted member

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    Hmmmm,

    Ireland maybe,France?
    I dont know anything about appeals.It takes months.Does your Italian husband lives in the UK?

    http://europa.eu.int/scadplus/leg/en/lvb/l33063.htm
     
    #6 Triple H, 9 mei 2006
  7. ind_dude

    ind_dude Active Member

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    I wonder if you posted the appllication or went in Person to british embassy ?? I recommend you to go in PERSON again to british embassy and take some of ur photographs that u had with ur spouse in UK. Maybe this with marriage certificate will be enough to prove it is not a marriage of conveneince... Please check with embassy if u can put another application straightaway ?? i m sure u can but check just in case. and give it a try by convincing them in embassy ... Goodluck.. hope it will work..!Not sure though.
     
    #7 ind_dude, 15 mei 2006
  8. nemi

    nemi Member

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    Many thanks for your reply. Does this also apply if the partner has breached visit conditions (found working) and had his visa cancelled. He is now in a situation where he wants to marry his fiancee and a bit apprehensive about his return into UK to be with his wife to be, after marriage in home country.

    Are you able to give any advice on this. What would he need to do before or after they get married?

    Thanks for your anticipated response.
     
    #8 nemi, 17 mei 2006
  9. Triple H

    Triple H Addicted member

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    This case is different from your friends.These rules come under EU law.
     
    #9 Triple H, 17 mei 2006
  10. nemi

    nemi Member

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    I am not sure how its different as the previous query was to do with the UK as well? Do you know how it may apply to visa cancellation and uk laws please.

    Does anyone else knows please?
     
    #10 nemi, 17 mei 2006
  11. rapid

    rapid New Member

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    I've just read your post, I know it's very old, but we are now in the same situation with my boyfriend - he is Ozi and overstayed his visa. Now we are applying for EE2 and getting really nervous. We haven't sent the papers yet as stressing out about the fact that he overstayed, so I would like to ask where do you have this info from and where I could read more about it.

    Thanks!
     
    #11 rapid, 30 jan 2008
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