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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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is a illegal immigrant in uk from albania can apply for european

Resolved Question:

is a illegal immigrant in uk from albania can apply for european residance permit?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. What is the nationality of the person that the Albanian nation is to marry?
2. Have they actually married yet?
Kind regards.
Tom
Customer: replied 2 years ago.

1 Polish

2 no they not married yet

Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your reply.

There is nothing stopping them marrying here in the UK, the requirement to apply for a Certificate of Approval has ceased since April. All they need do is produce evidence of their identities and a proof of address to the church/registry office where they are to marry. They can then marry.

The difficulty is that the UKBA will probably not entertain an application for a Residence Card for the Albanian national because they do not presently have leave to remain here. They would only consider an application for a RC in these circumstances where exceptional compassionate circumstances apply – eg. If their health would be prejudiced by requiring them to return to their home country or if they had an EEA child with the spouse that they cared for. This would also have to proved by documentary evidence to have any chance of approval from the UKBA.

In the circumstances I would suggest that probably the quickest way to regularise the Albanian National’s stay would be to marry here and for them to then see a local immigration solicitor about preparing an out of country application for a family permit so that they can return to Albania to submit the application immediately from there. Having a solicitor prepare it would substantially increase the chances of receiving an approval as they will be able to deal with the lack of leave to remain here and mitigate it.

There is information about out of country application for family permits here-
http://www.ukvisas.gov.uk/en/howtoapply/infs/inf18eeaswissnationals#23094897
See “Family Members”

Sorry it could not be better news.


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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6290
Experience: BA (Hons), PgDip, Practising Solicitor
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