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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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hi my boyfriend s visa have finished some time ago and he

Resolved Question:

hi my boyfriend 's visa have finished some time ago and he is here ilegally now... iam settle here for more then 9 years and i 'd like him to be settled here in uk with me...
what do u suggest us to do that he can remain legal again and havent been deported????
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

What nationality are you?
What nationality is he?

Kind regards
Customer: replied 3 years ago.

hi i am slovakian


he is brazilian

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

There is nothing preventing him from applying on the basis that he is in a relationship with you and apply as an extended member of an eea national. Please see following link for form EEA2 :

http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/applying/

You would need to provide evidence of your relationship, evidence of you residing together as a couple. This can be done through providing, photographs, letters in both your names going to the same address, telephone calls, etc.

Your other option would be to legitimise your relationship and marry if you believe this is the right thing for your relationship. Your partners application would be much stronger if you married and he applied as a spouse of an eea national. The form used will be the eea 2 form as stated above. This would be your best option in respect of him being able to regularise his stay in the uk.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 3 years ago.

thanks for your answer


yeah actually we were thinking to get married.. do u think we should apply from outside of uk? as we would prefer to get married in brazil or slovakia

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

If you wish to marry outside of the UK then there is nothing stopping you from applying from outside of the UK and then your partner can arrive to the UK on a family permit.

The form you will need to fill in are as follows:

http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/applying/

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 3 years ago.

thank you for your answer


 


also i d like to ask if there is a risk after we come back they won't let him in??


as he already was ilegal here for some time?


 

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

The fact is that there is always a risk, but because he will be arriving to the UK as your spouse he would be able to rely on the Human Rights Act because not being able to live with your spouse is a breach of family life under article 8 of the act.

There the fact that he has overstayed should not effect the application.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 3 years ago.

thank you


 


do u think we should apply before we travel out of the country or while we are in there and send it to uk? and how long its usually take to proceed the application..also do u think they may refuse our application?

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

1. You are unable to apply for an EEA permit unless you are married to your partner so you would need to apply from outside the UK. The process takes around 4 - 12 weeks depending on how busy the embassy is.

2. It should not be refused if you provide all the required evidence, the documentation is listed in the form and also in the guidance note to the form.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Expert:  UK_Lawyer replied 3 years ago.
I hope I have answered your question, if so please rate my answer positively.

Kind regards
Customer: replied 3 years ago.

hi thank u for your answer


you really helped me to understand it a bit more...


is it ok if i contact u again if i have a further question??


later today??


thanks

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

Yes of course, if you rate my answer positively, we will be able to continue with our dialog,

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience: I am a qualified solicitor and an expert in UK law.
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