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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7478
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am in a relationship with an Algerian National who has recently

Resolved Question:

I am in a relationship with an Algerian National who has recently advised me that he is not here legally, but has been living here at least 10 years. I am a polish national who has been living in the uk legally for one year. He has said that if in two years we get married then he would be able to stay here legally as he will get some documents. I am not sure if this is correct as I do not hold a uk passport and have not become a british citizen, please can you advise on this situation for us and what implications this will have for me as obviously I do not want to get in trouble with british authrorities.
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 6 years ago.

Hi,

 

Thanks for your question.

 

If your partner has been in the UK illegally then he can only apply for indefinite leave to remain here once he has been here for 14 years. So if he stays for a further four years he will be eligible to make an application for ILR provided he can prove the length of his stay and will Form SET(O).

 

However you could both go to Poland, marry there and apply (from Poland) for EEA national family permit. He could then return to the UK as a family member of an EEA national and not face the prospect of deportation.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 


Tom

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