Illegal in France Married to a EU Citizen who is living and working in UK

[obymarf]

Hello everyone,
I am from Congo, I have been married to a Finnish woman for 8 years. She lives and work in the UK. I am currently in France trying to join her in UK. I don't have a visa so I am stuck in France. I have a mariage certifcate from U.S.A. and pictures, that is where we've met and got married. What can we do form me to join her in the U.K.? Can she apply for a Residence Card for me as I am in France ? Please help. Thank you.

[Richard W]

In principle, your wife should meet you in France and take you home to the UK by ferry from a French port with a transposed border. You can get an EEA regulations stamp without having to board a ferry first, because the UK Immigration Officers are working in France. She should have evidence that she is employed, e.g.the three latest payslips.

From your question, it sounds as though you have been living apart for 8 years. You should have a good explanation available, because I think the Immigration Office may leap to the conclusion that your marriage is a marriage of convenience, and refuse to admit you. There is an interpretation that if your marriage died a long time ago, it may be treated as a marriage of convenience. This interpretation was to have been declared when the UK voted to remain in the EU. We didn't, and I don't think this interpretation has yet been formally declared.

[obymarf]

Thank you very much for you answer. As for the mariage we both met and got married in the US then she came back to the UK. My status in the US, as my visa expired didn't allow me to leave the country. And as a Refugee seeking for asylum I was not able to go back to my own country to get a visa to the UK from there because of the eventual prosecutions. So it took me many years to find ways to get there but could only land in France. I have lived in France for 7 years. I went through a refugee seeking process which didn't allow me to leave the country. In the meantime my spouse have got impregnated and the father of that child is denying her the right to leave the country with her child. She is struggling and on her own. Please after this explanation, do you think the immigration office will see it as an arrangement? Because it is truthfully not.

[obymarf]

My spouse was struggling with living on her own as a single mother so couldn't properly arrange for my arrival. As I was myself struggling with my refugee status being denied. I also have 8 years worth of email exchanges. ANd my spouse would come and visit me here in France from time to time. I don't know if it matters or counts. Regards.

[dan1988uk]

Basically you got married 8 years ago, you haven't seen your wife for all this time, in the meantime she got pregnant of someone else. Am I correct?

[obymarf]

We have seen each other as she would come to see me in France occasionaly, when she could get a baby sitter for her child. And yes the child is not mine and the father is not allowing her to travel with the little girl nor paying anything to help raising that child. regards.

[obymarf]

And as for the child I would very much like to conduct a dna test. My wife is from Finland and I am from Congo Africa. The child is 5 years old and of mixed race (black and white). The father doesn't bother about the child as he has his own life. regards.

[Richard W]

My spouse was struggling with living on her own as a single mother so couldn't properly arrange for my arrival. As I was myself struggling with my refugee status being denied. I also have 8 years worth of email exchanges. ANd my spouse would come and visit me here in France from time to time. I don't know if it matters or counts. Regards.

Evidence of continuing contact and visits will help your case. I can't tell how the Immigration Officer will react if you try to cross the border to the UK. I expect you will have a long wait as the Officers discuss the case. I suspect the ferry will sail without you - I'm not sure what will happen then.

As to the family permit, I'm not sure whether you can apply from France if you are not in France legally. Perhaps someone else can advise.

[dan1988uk]

He can NOT apply from France, EEA FP can be requested anywhere in the world but the applicant must be legal in that country for all the time of the application (even as a tourist).

[obymarf]

He can NOT apply from France, EEA FP can be requested anywhere in the world but the applicant must be legal in that country for all the time of the application (even as a tourist).

So if i was to go back home and request an EEA FP with mariage certificate, pictures and emails for the last few years. Would it work? My refugee status has been denied but if I go back home in Congo it is still dangerous there, although I could risk a few weeks if it means coming back to my wife. Regards.

[dan1988uk]

Yes, you can apply from Congo.

[Richard W]

Yes, you can apply from Congo.

But the OP would have to wait for months, not weeks. I also thinks he's more likely to be refused if he applied for an FP than if and his wife simply try to take the ferry or whatever to the UK. If the OP is prepared to return home to apply, I think it is worth risking being deported from France if he is refused entry to the UK.