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 ivorylounge Your Own Question
ivorylounge
ivorylounge, Lawyer
Category: Immigration Law
Satisfied Customers: 33972
Experience:  Over 25 years experience in law
27487359
Type Your Immigration Law Question Here...
ivorylounge is online now

Assistant: What do you want help with? Can a non eu

Customer Question

Hi
Assistant: Hi. What do you want help with?
Customer: Can a non eu overstayer marry eu partner in the UK?
Assistant: Where are you located? It matters because laws vary by location.
Customer: England
Assistant: Has anything been filed or reported?
Customer: Not yet
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: No
Submitted: 8 months ago.
Category: Immigration Law
Expert:  ivorylounge replied 8 months ago.

Yes potentially. Firstly, you can either marry in an Anglican church whereby you will not need to apply for permission to marry to the UK Border Agency (UKBA). If you cannot marry in a church, then you need to apply for a certificate of approval to marry because one party is an overstayer. There is no Home Office fee for this application. The UKBA is not concerned about whether they are here legally or not, they focus on whether your relationship is genuine. You will need evidence to prove that you have been living together, eg utility bills, phone bills, mortgage details etc. It is also good to provide photographs of the two of you. If permission to marry is granted, he can then apply to remain on the basis of the marriage. The application to remain on the basis of your marriage will be outside the immigration rules because they are an overstayer. If granted, they would get 3 years discretionary leave to remain (they will be here lawfully and can work and travel etc). You need 6 years of discretionary leave before they would be able to apply for settlement (permanent stay) . If the application is refused, there would not be a right of appeal, unless human rights grounds are also raised.

Expert:  ivorylounge replied 8 months ago.

Justanswer works on people giving ratings. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  ivorylounge replied 8 months ago.

I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you