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Hi

After doing a lot of research and reading the posts on this forum I would be grateful if someone could answer my query.

I am a French national working in the UK and I would like to marry my non-EEA national fiance who is an overstayer. we have been dating for 6 months.

I understand that I can get married by giving notice at a designated registry office but my fiance is worried that she will get arrested and then removed.

Worst case scenario if she does get arrested how can I prevent her from being removed?

Hi! I was an overstayer as well and enforcement team came to our wedding asked 1000 questions me and all our guests! They left with best wishes as thay could see we r deeply in love with each other! They were ok but the day was spoiled. My advice is be prepared to have the most stressfull day of your life and only invite people who can understand the situation and won't be scared of 6 officers wondering around

Thanks for your reply but thats exactly what my fiance is afraid of.

In your case the UKBA took no removal action

I want to know if they could make any arrests or is my fiance protected under eu law as a partner in a durable relationship prior to the marriage?

It is difficult to describe your relationship as durable, so that EU law is engaged.

You have been together for only 6 months. Possibly no child and financial committment. Your best bet is to get married, possibly at location where UKBA is least likely to cause disruption.

There is no place where ukba is not guaranteed to not to disrupt. Normally overstayer does not demonstrate or even keep its passport and that is the main document along with the proof of address to be shown at register office while giving wedding notice. Even though they may accept other proof of id such as national id card but still without passport normally they report to UKBA. Despite the fact, no visa require under EU law for marrying with EEA national but still without solid documents not just merely 6 months dating can never escape the non-eu national from their own (UK Rules) that can include detaining/deporting etc.

Your situation and the stories I read ring so many bells... Be brave and genuine and go for it otherwise your life will always be on hold. If you are in a genuine relationship you have nothing to fear - read our story here:

http://www.immigrationboards.com/viewto ... stermind72

T._