EEA National - 1 year relationship with non EEA overstayer

[secret.simon]

Thoughts on my next steps then?

Decree absolute - apply to registrar to get married - get married - EEA(FM).

I personally have reservations about the "durable partner" application as you do not have anywhere near the two years of cohabitation that is recommended and hence is likely to declined pretty quickly.

Then again, I do not have a legal background and am purely proceeding on what I have observed on these forums and on logic.

[CR001]

Char, surely her rights as an EEA citizen would trump any leave granted under the Immigration Rules and hence all the years after acquisition of Irish citizenship (2010) should count for the purpose of exercising treaty rights.

I am sure it would, but we are talking about a a year difference (Eire PP issue and registration card app). HO would have become aware of her 'treaty rights' aspects when she applied for the registration card and her details duly updated, which up until that point HO would have assumed all was dandy and she was working on the valid Ancestral visa and following the rules attached to that.

Also just following my logic, so open to correction.

[secret.simon]

Char, surely her rights as an EEA citizen would trump any leave granted under the Immigration Rules and hence all the years after acquisition of Irish citizenship (2010) should count for the purpose of exercising treaty rights.

I am sure it would, but we are talking about a a year difference (Eire PP issue and registration card app). HO would have become aware of her 'treaty rights' aspects when she applied for the registration card and her details duly updated, which up until that point HO would have assumed all was dandy and she was working on the valid Ancestral visa and following the rules attached to that.

Also just following my logic, so open to correction.

My earlier post was in response to the suggestion that the OP's exercise of treaty rights would only start from the end of her Ancestry visa in 2013.

The one year gap should not be onerous. though I would argue that the OP's exercise of treaty rights started from the date on her Irish naturalisation or registration certificate. But the Home office may not see it that way.

[Wise]

Take every advice on board, but for peace of mind go for option 3 that's my advice. You may want to re read my previous comments and think of what you can do with my last paragraph in other to present a strong case.I believed you're a wise lady and also be quick because of what's going on with EEA regulation changes stuff.

Good luck once again.

[Casa]

Thoughts on my next steps then?

Decree absolute - apply to registrar to get married - get married - EEA(FM).

I personally have reservations about the "durable partner" application as you do not have anywhere near the two years of cohabitation that is recommended and hence is likely to declined pretty quickly.

Then again, I do not have a legal background and am purely proceeding on what I have observed on these forums and on logic.

I would tread with caution regarding the option of marriage. This would require you to register your intent to marry at a HO designated Registry Office. The Registrar is then legally bound to notify the HO as the marriage involves a foreign national, and more significantly is an overstayer. The HO can then extend the notification period from 28 to 70 days in order to interview you both before the wedding can take place. This may trigger steps for removal of your partner.
At least if your 'durable partner' application is refused due to being considerably short of the 2 year period of co-habitation, you would be able to submit an appeal.

[jenster]

Thoughts on my next steps then?

Decree absolute - apply to registrar to get married - get married - EEA(FM).

I personally have reservations about the "durable partner" application as you do not have anywhere near the two years of cohabitation that is recommended and hence is likely to declined pretty quickly.

Then again, I do not have a legal background and am purely proceeding on what I have observed on these forums and on logic.

I would tread with caution regarding the option of marriage. This would require you to register your intent to marry at a HO designated Registry Office. The Registrar is then legally bound to notify the HO as the marriage involves a foreign national, and more significantly is an overstayer. The HO can then extend the notification period from 28 to 70 days in order to interview you both before the wedding can take place. This may trigger steps for removal of your partner.
At least if your 'durable partner' application is refused due to being considerably short of the 2 year period of co-habitation, you would be able to submit an appeal.

Thank you - that's what im concerned about that the HO will pursue removal and refuse permission to marry and we'll be caught up in appealing that. Its sounding like the least risky option is to apply under 'durable partner'. I've read the guidance and i suspect we'll be incredibly lucky to have it approved at this stage but i can see that we have a right of appeal if we can prove there is a relationship (rather than a durable one) so perhaps this is the best strategy.
Im not sure about submitting an application and then approaching the registry office. im not sure of the logistics around this (as the HO will have our passports) and whether this would even work?

[Obie]

Apply as a durable partner and apply to get married and see how things play out.

[Casa]

You wouldn't be able to register your intent to marry without submitting your passports. On the point about the HO permitting you to marry, my understanding is that they can only refuse you the right if they believe it is a sham marriage. However, the risk is in the notice of removal before the wedding can take place, due to the fact that your partner is here illegally.
There is another option which I don't believe has been suggested. Your partner returns to his home country, you marry there and then apply for an EEA family permit to enable him to re-join you here.