How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7509
Experience:  UK Lawyer holding practising certficate for England & Wales.
28732269
Type Your Immigration Law Question Here...
Thomas is online now

Dear Sir/ Madam, I would like to explain my situation.

Resolved Question:

Dear Sir/ Madam,

I would like to explain my situation. My husband is from Cameroon and i am from CYprus - Eu citizen. I am currently working in UK where i met my husband, 1 and half year ago. I am working here, so i have bank account, wage slips and i pay all my taxes.
Because of his visa, that expired, the Home Office send him back to cameroon few weeks ago. I went to Cameroon and we got married with civil marriage, so now we have the original marriage certificates, and some other important documents from the COnsulate of the Republic of Cyprus in Cameroon.
I would like to know if he can come back to UK according to the laws and the EEA as I am a Eu citizen, to stay with me now that we are married, and which application we should do?
Is it possible for him to come back to UK after he was been removed from UK? He has clear criminal record but because of his visa, they removed him.

I am looking forward for your quick reply.

Kind regards,

Constantina Kyprianou
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi Constantina,

Thanks for your question.

Provided that the Home Office accepts that your marriage is genuine and credible then he will be able to come back to the UK.

The overstay and deportation is a complicating factor but your Article 8 right to a family and private life supercedes this, meaning that any ban would not be enforceable once they accept that the marriage is genuine.

He will first have to apply for an EEA family permit as the non-EEA national of an EEA spouse (ie. you) who is in the UK exercising treaty rights by working.

The government webpage is here:-
https://www.gov.uk/family-permit

Once he has obtained this he can travel to the UK within the 6 month period that is granted by the family permit.

Once in the UK her can apply fro an EEA Residence Card which confirms his right to stay in the UK and work here for 5 years:-
https://www.gov.uk/apply-for-a-uk-residence-card/overview

In order to prove that your marriage is genuine and credible you will have to produce documentary evidence to show that you have behaved in the way that a normal married couple that are separated would behave. This means submitting photos of the time spent together, emails, texts, evidence of phone conversation, receipts from times you have met and basically anything which shows that you have maintained a normal relationship in the way people who love eachother do.

The deportation is a complicating factor though and so ideally you would instruct a UK immigration solicitor to prepare your applicaiton and advise you of the necessary supporting documentation.

Kind regards.

Tom
Customer: replied 2 years ago.

Dear Mr. Tom,


 


Thank you very much for your quick reply.


 


I will try to contact an Immigration solicitor as soon as possible.


 


I would like to ask you if it worth to give it a try? What do you think? And if you know how long can take for them to reply and give him the visa? Is it a process that can take few months or longer?


 


Kind regards,


 


Constantina


 


 

Expert:  Thomas replied 2 years ago.
Hi Constantina

Yes, it's more than worth a try. If you prove the relationship is genuine then they will grant him the family permit and your problems will be solved. It's purely a case of gathering the supporting evidence, which is a bit of legwork but not difficult.

It usually takes between 4-12 weeks from the date he applies for the family permit, though determination times vary considerably and up to 6 months is not unheard of.

Kind regards,

Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7509
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Thomas

    Lawyer

    Satisfied Customers:

    893
    UK Lawyer holding practising certficate for England & Wales.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    893
    UK Lawyer holding practising certficate for England & Wales.
  • http://ww2.justanswer.com/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    549
    English solicitor with over 12 years experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    110
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Immigration Lawyer

    Satisfied Customers:

    33
    US immigration attorney licensed in state and federal court.
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    92
    Partner in national law firm