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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hello, I am a EU citizen with a permanent residence card

Customer Question

Hello,

I am a EU citizen with a permanent residence card and an ILR i live with My husband (married for 7 years), a non EEA citizen who has 10 year Permanent Residence family member card prior to having a 5 year one. My mother in law applied for a family member EEU permit and has been granted 10 year Permanent Residence card as a family member prior to that she had a 5 year permit as well.

My mother in law's long term partner is an overstayer in UK and they are looking to get married in an Anglican church.

My question is whether after my mother in law gets married I would be able to apply for a EEU family member permit for her new husband (the overstayer)? I read somewhere that his overstay would not be a problem because he married a EEU family member. Are there any risks we would subject my future father in law (the overstayer) if we were to apply for the EEU family member card after they get married?

I would appreciate any information and advice.

Many thanks,

A
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Your mother in law's partner is already legally permitted to be in the UK if they are in a genuine durable relationship and he may apply for a residence card on this basis.

Once he receives the residence card, they may get married as it will be difficult for them to get married legally in the UK if he has no document to prove he is legally entitled to be here.

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Customer: replied 3 years ago.

Hi,


 


Thank you very much for your answer.


 


Does this mean that the UKBA will not question his overstay while they are processing his application?


 


Many thanks,

Expert:  UKSolicitorJA replied 3 years ago.
No, they will not.