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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6372
Experience:  BA (Hons), PgDip, Practising Solicitor
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i am a non eu member dependent on an eu, but the uk refused

Resolved Question:

i am a non eu member dependent on an eu, but the uk refused to grant me a visa. I plan marrying an eu, can i still go ahead.
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

What was your visa status prior to making the application?

 

What were the reasons for refusal?

 

Tom

Customer: replied 3 years ago.

i came to the UK as a student. Work permit was issued but my employer kept my passport and did nott send it to home office until the work permit came out, in which case the visa was expired. Hence home office refused to grant the permit.

My cousin an EU member put in a dependency applic for me in 2008. They asked for backup docs within 28days in february but my lawyer did not contact us in time, hence the first refusal. He forwarded the application again. We were told I have to wait for the decision before I can get married. The refusal came this week. I want to know what now.

 

Expert:  Thomas replied 3 years ago.

Thanks, XXXXX XXXXX more things:

 

Which country in the EEA is your cousin from?

 

Who are you intending to marry (ie. which country are they from)?


Tom

Customer: replied 3 years ago.
my cousin is from germany, and my fiance is from belgium
Expert:  Thomas replied 3 years ago.

Ok.


Where do you intend to marry your fiance?

 

Which country are you from?

 

I will be able to provide an answer after you have replied to the above.

 

Kind regards,


Tom

Customer: replied 3 years ago.

i intend to marry my fiance in the UK and live with him there. I am a nigerian.

sincerely XXXXX XXXXX'd answer me now

Expert:  Thomas replied 3 years ago.

Hi,

 

The difficult with marrying here is that you would have to apply for a certificate of approval for marriage:-

http://www.ukba.homeoffice.gov.uk/while-in-uk/marriageandcivilpartnership/documents/#header2

 

Although you do not have status in this country at present, this does not prevent the UKBA from issuing a certificate of approval they would no doubt drag their heels over it. They could deport you in the meantime, which is the risk.

 

Alternatively if you are both over 21 years of age you can marry in an Anglican Church here without having obtained a COA. Again, though there is the risk that you are deported in the meantime.

 

If you could get a visa to travel to Belgium you could marry there.

 

The safest way would be to return to Nigeria and marry your partner there.

 

Once you are married and intending on both returning to the UK to reside then you will have to apply for apply for a residence card due to your marriage to an EEA national. This would allow you to stay in the UK with your husband. Here is the link to the UKBA's page on an application on this basis:-

http://www.ukba.homeoffice.gov.uk/eucitizens/applyingundereuropeanlaw/

 

The overstay will not in and of itself be fatal to your application because you can argue your Article 8 Right to Family and Private Life under the Human Rights Act, this should supersede the overstay provided there are no other defects with your application.

 

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 question.


Kind regards,


Tom

 

ps. you by far the fastest replying customer I've had on JustAnswer!

Customer: replied 3 years ago.

am afraid i still am not happy with the response. is it possible to get a visa to belgium to marry when i don't have a stay here. also though me n my partner are over 21, we do not attend the anglican church here.

 

Expert:  Thomas replied 3 years ago.

Hi,

 

You will have to speak to the Belgium Embassy in London about whether they require you to apply for a visa to travel there for the purposes of marriage (I believe you will need what is termed a "schengen visa" and you should specifically ask them about this):-

http://www.diplomatie.be/london/

 

If they realise that you are in the UK illegally then this will make it difficult to get the appropriate visa.


It is not necessary that you already attend an Anglican Church, you can simply go and speak to a minister of a local Anglican church about them marrying you. The fact that you have not attended in the past does not prevent them from marrying you.

 

Again, though the risk of deportation is still present until such time as you have married and submitted your application for a residence card.

 

Hope this clarifies, if so please click accept. I will continue to answer your follow up questions.


Kind regards,


Tom

 

Customer: replied 3 years ago.
i am not too happy with the consultation but will still click accept as its obvious there's nothing more u can do.
Expert:  Thomas replied 3 years ago.

Hi,


I'm afraid that it is the law, the important point is that the overstay does not prejudice your right to a residence card.

 

If you click accept to this post I should be extremely grateful.


Good luck.

 

Kind regards,


Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6372
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Law Specialists are ready to help you

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