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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7473
Experience:  BA (Hons), PgDip, Practising Solicitor
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My name isXXXXX come from Hungary.My boyfriend from Nigeria

Resolved Question:

My name isXXXXX come from Hungary.My boyfriend from Nigeria and his visa expired and his passport as well,so he cant get any job here!So in this situation what we sould do?We are living together about 6 month!
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 4 years ago.
Hi Timea,

Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. Do you intend to marry him
Kind regards.
Tom
Customer: replied 4 years ago.
Yes I want,but first we try to get permation for him to work and our question is how he can get it
Expert:  Thomas replied 4 years ago.
Ok.

You will have to marry. Can I give you a full/detailed answer in an hour please? On the move now.

Tom
Expert:  Thomas replied 4 years ago.

Hi
Thanks for your reply.
There is no application that he can make right now because he is an overstayer. If you are to marry then his situation is much improved. The quickest way would be for you to marry in the UK and then for him to return home to make an application for a an EEA Family Permit

If you are an EEA member state national then he will have to obtain an EEA family permit first before he travels from his home country. He will need to apply for it before she can travel and must submit the appropriate documentation to the UK embassy closest to her:-
http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/

Once he has come to the UK on his family permit he will be eligible to apply to the UKBA for a residence card which confirms his right of residence in the UK on the basis of your marriage:-
http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/applying/

It will either take the form of an endorsement in her passport or as a separate immigration status documents confirming her right to reside here for 5 years.

At the end of this time she will be able to apply for a Permanent Residence here if she wishes and has not spent significant time outside the UK.

He could attempt to make the application for a resident permit whilst in the UK but it’s highly probably that the UKBA would reject the application because he does not have leave to remain in the UK at the present time because of the overstay. This would be time-consuming as well.
The best thing to do would be to see a solicitor to prepare the out-of-country application for him to take with him when he returns for submission to the embass y straight away upon return.

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Kind regards,


Tom
Thomas and other UK Immigration Law Specialists are ready to help you
Expert:  Thomas replied 4 years ago.
I note you have not clicked accept to my answer. Is there any further information you require?

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Please click accept. You will appreciate that I cannot work for free

Tom

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