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✎ EN EEA2 for overstayer - help!
    

Discussie in 'Immigration UK' gestart door rapid, 25 feb 2008.

  1. rapid

    rapid New Member

    Lid geworden:
    30 jan 2008
    Berichten:
    4
    Leuk Bevonden:
    0
    I am Polish citizen living and working in UK from 2001, registered with Accession State Worker Registration Scheme. My boyfriend is Australian living in UK 7 years, we have been living together over 6 years now. We would like to sort our situation out applying for EEA2 family permit for him and I would like to check if it’s possible with him overstaying his visa for over 5 years :oops: . The only reason he overstayed was our relationship, we could not move to Poland or to Australia at this time and now we both have jobs here and are settled in the UK. As we have been living here so many years our life is connected to this place, our work and our friends are here and we can’t imagine living anywhere else.
    We would like to get married in the near future but first we need to get his visa sorted.

    I spoke to the lawyer and was advised that there is case law which indicates that a family member of an EEA national should be given leave regardless of their status in the UK at the moment, but she didn’t explain anything else. I would like to check if you could let me know what are the chances of getting EEA2 visa granted and what are the implication of him overstaying his visa.
     
    #1 rapid, 25 feb 2008
  2. thsths

    thsths Addicted member

    Lid geworden:
    27 apr 2007
    Berichten:
    239
    Leuk Bevonden:
    0
    Geslacht:
    Man
    Land:
    Verenigd Koninkrijk
    Nationaliteit:
    Duitse (DE)
    Taal:
    Deutsch, English
    Yes, there are a number of relevant cases, and they do go in your favour. The key document is the EU Directive 2004/38 itself, which is quite firm about your rights. However, there is also one problem: since you are not married, the UK has some discretion in applying these rules. And the current trend is certainly to be tough on over-stayers.

    What you can do is apply for a residence card using form EEA2 on the basis of a durable relationship. You will need a lot of paperwork, and do not expect the Home Office to be forthcoming in any way. The application takes 6 months to process, and there is the chance that it is refused, which means you have to appeal (which can take even longer).

    The other option is to go to Poland and get married there. I am not sure how easy that is (at least in the UK it is quite expensive). Once you are married, there is no possible reason to refuse your application.

    Tom
     
    #2 thsths, 25 feb 2008
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