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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7508
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I have been over stayer since 2012. Am now in a relationship

Resolved Question:

I have been over stayer since 2012. Am now in a relationship and i want to marry my Greek girlfriend who work here as a medical doctor. I have been told to leave the country since 2012 after my application to renew my student visa was refuse. I have een with my girl for 6 month now. beside marriage what other means can i have a stay and what is my chances of able to marry my girlfriend since we now need to get clearance to be ale to marry.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Basically, your only real chance of remaining in the UK is by marrying your EEA national girlfriend and then applying for an EEA residence card as the non-eea spouse of an eea national.
The webpage on this is here:
https://www.gov.uk/apply-for-a-uk-residence-card/overview
The right to marry is technically no longer linked to a person’s immigration status because it is contrary to a person’s human rights to deny them the right to marry. This means that a registrar can marry you provided that you can both prove your identities and addresses and thereafter give notice of your marriage. Technically, it is at the discretion of the registrar but you should find that most are prepared to marry you.
If either upon marriage of prior to marriage you are detained and deported by the home office then she would have to marry you outside the UK and then you would have to apply for an EEA family permit in order to travel/re-enter the UK in order to be with her. Once you have re-entered after getting a family permit you can then apply for a residence card as above.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 1 year ago.

Thanks Tom for your prompt reply. Supposing we decided to marry outside the UK. What document do my partner need to present for me to apply for the eea family permit if I remain outside the UK. And how long do I need to remain outside the UK before applying for the EEA family permits.

Expert:  Thomas replied 1 year ago.
Hi,
A basic set of documents are contained on the following page:
https://www.gov.uk/apply-for-a-uk-residence-card/documents-you-must-provide
They are also contained on page 137 of the application form itself:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/414045/EEA_FM__04-15.pdf
Additionally, on the above link if she is working then there are further documents on section 20 page 114 onwards.
However, each case is slightly different and because of this it is impossible for me to give a complete list. In order for a complete list to be given to you you would have to instruct UK solicitor in the normal way.
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7508
Experience: UK Lawyer holding practising certficate for England & Wales.
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