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Eu Marriage With Illegal - Please Help


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#1 uk3000

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Posted 15 December 2012 - 08:14 PM

Hello guys,

I would like to share with you my story hoping I could get some feedback from you.

I am an EU citizen. In fact, I have got a double citizenship: the citizenship of my country of origin and another EU passport obtained later in my life.

5 years ago, I met with a lady and I have been living with her since. Originally we are from the same country and even our families get to know each other.

My partner has just a passport but no residency permit in the UK.

We would like to marry. We consulted a solicitor and he told us this is a right even if he doesn't hold a valid residency permit or visa.

Soon, we are going to the Registrar Office to set a date. Even if our marriage is legit, we still don't know what to expect. Is the Registrar Office going to report us to the UKBA? Is this something they do on systematic basis when they see that someone doesn't hold a valid visa? What should we expected if we are reported?

Thank you for your assistance

PS: I work full time in UK and pay my taxes.



#2 Prince74

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Posted 15 December 2012 - 09:29 PM

As an EU citizen, your partner has right even if they are here illegally. You said you have been living together for 5 years, do u have documents showing that you have been living together? Your partner can make an application for a residence permit using form EEA2 which you can download from the UKBA's website.

Even though she is illegal, as your partner she is protected by EU law.

#3 uk3000

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Posted 15 December 2012 - 09:44 PM

Thank you for that.

Yes, we have some documents. But we weren't actively collecting them as it never happened to us to think that we would have to prove our relationship one day.

Most of the documents are various letters sent to her by her doctor to the same address where I am. I can also ask the landlord to put her name in the contract retro-actively (2 years back). In fact, I just noticed that I never signed and returned the contract. So I can check with the landlord and ask him to fix that. I think he can also write a letter that we've been living together for the last 2 years. On the previous address, we have got some papers also. However, I don't think we can prove 5 years month by month (60 months!!!).

But we need to marry before she can apply for residence permit. Is that correct?

#4 Prince74

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Posted 15 December 2012 - 09:58 PM

You do not necessarily have to be married. Can you provide documents stretching about 2 years? I think that is all you need.

#5 uk3000

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Posted 15 December 2012 - 10:14 PM

The last 2 years are the easiest to demonstrate. We have got enough papers to show in that regard.

#6 Prince74

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Posted 15 December 2012 - 10:22 PM

Have a look on the UKBA's website and see what other requirements accompanies the EEA2 form. Am surprised that as a EU national you have not sought advice regarding your partner's status for 5 years. As EU national, it is much easier than if you were British.

#7 magpie

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Posted 16 December 2012 - 08:05 AM

............and without any judgement to this paticular post, that is why the system is ridiculous. How can it be justified that it is easier as a European citizen to get residency for your partner than a British citizen. It should at the very least be the same....
sorry, just find it really sad that this is the case,

#8 Prince74

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Posted 16 December 2012 - 09:59 AM

That's a sad reality, but am afraid that's how it is.

#9 Victoria

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Posted 16 December 2012 - 11:23 AM

Don't get her name retroactively added to the contract. That would be fraudulent.

#10 uk3000

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Posted 16 December 2012 - 12:03 PM

Thank you. But the contract doesn't exist in fact. We are renting from a private landlord and we never signed a contract with him. We were supposed to but it wasn't done. The contract could be still dated correctly but would indicate that the rent started actually 2 years ago. Would it be fair enough?




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