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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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i am a polish national living in the uk full time working,

Customer Question

i am a polish national living in the uk full time working, i have a nigerian partner who is not legal in the uk and we have been living together for 13 months, how can i apply for her stay to be legal in the uk.. someone advise me to get a brazil proxy marriage. pls advise me and tell me what to do
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.

Hi,

Thanks for your question.

There is no longer a requirement for visa nationals to apply for a certificate of approval from the ukba in order to marry in the UK. This was abolished.

You can marry at your local registry office by providing your proof of identity (passport or ID card) and proof of your current address. You must also put up your notice of marriage at the registry office. This notice must be placed for 15 days and you can then marry after this.

Once you have done the above you are free to marry. You should speak to your local registry office where you intend to marry and they will provide the relevant information to put up your notice.
Once married she will ultimately have to apply for a residence card confirming her right to remain in the UK for 5 years as the spouse of an EEA national.

However, as she does not have current leave to remain the UKBA would probably reject an application made in the UK for this and insist that she returns home to apply for a Family Permit so that she can travel her and then apply for a residence card.:-
http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit//
You could apply here and attempt to appeal the rejections but in all probability it would be quicker for her to prepare the application here after you are married and then take it to Brazil to submit straight away so that she gets her family permit quickly enabling a quick return.

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Kind regards,


Tom
Expert:  Thomas replied 5 years ago.
I note you have not clicked accept to my answer. Is there any further information you require?

If you do not click accept then your deposit simply stays with the website and I receive absolutely no credit for the time I have taken to answer your question. Only when you click accept does a portion of your deposit actually transfer to me and you will not be charged any further money simply by clicking accept.

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

Tom
Expert:  Thomas replied 5 years ago.
I have answered your question
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It does not cost you any more money to click accept, it just means I get rewarded for the time I have taken to answer your
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Tom