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Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Gav777
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Location: Newcastle, UK

Need immediate assistance, PLEASE HELP

Post by Gav777 » Thu Aug 29, 2013 12:43 am

I am a Nepalese national living in a relationship with a EEA national, A8 country Lithuania, here in the UK. I couldn't get the decree absolute from my previous marriage by the time my PSW visa was valid, the case was on the court though. because of that I could not get married with my fiancee even though we both are willing to get married. So I applied for the flr(O) with the documents showing we're cohabiting (not for 2 years though), my divorce is going to finalized, and intention of marriage. But my visa application got refused and they did not give me appeal rights as well, they didnot returned my passport which i dont know the whereabouts. but at the moment my circumstances has significantly changed. 1. I got the decree absolute from my previous marriage, that means I can get married now.
2. My fiancee, eea national, is pregnant with my child.
We love each other very much and we want to get married and live together for the rest of our lives. She will be mentally disturbed if I leave the UK during all her pregnancy period. It is hard for her to leave the UK because she has a 9 years old daughter who is attending school. there is nobody to support and care for her during her pregnancy period as well as the aftermath of post child birth period. So, I was wondering if I or my partner have any kind of human rights that could let me stay in the UK and get married before the child borns. there is another dimension on this case. My parents are traditional Hindu religious people who do not allow children before marriage; that could result me being inhumanly treated, punished or even banished from my family back home. Please kindly suggest a solution on my case, please Gurus, thank you.

Doublestarxx
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Post by Doublestarxx » Thu Aug 29, 2013 8:25 am

As u said you are in genuine r/ship. Now your decree absolute is out, just go to a registrar near you and book for a slot to get married. As long as you have another ID to show them. Once you are married make a free application quoting your old home office ref no so they can match ur application and also remember to put ur divorce certificate.
You should be fine, it's a regular practice for them to hold ur passport now ur visa run out

Doublestarxx
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Post by Doublestarxx » Thu Aug 29, 2013 9:53 am

Sorry I meant make another application, (not free application), as they charge £55 per applicant now

Gav777
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Posts: 4
Joined: Wed Aug 28, 2013 11:06 pm
Location: Newcastle, UK

Post by Gav777 » Thu Aug 29, 2013 11:21 am

Thank you doublestraxx for your suggestion, I appreciate it. But I am a non EEA national and my fiancée is a EEA national. Passport is the only identification I had, but I have a attested copy of it with me. Even if it worked with the registrar, is it legal to get married in the UK while ur visa ram out ? Will the registrar allow me? Please shed some lights thanks.

Directive/2004/38/EC
Respected Guru
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Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Thu Aug 29, 2013 3:18 pm

What happened exactly to your old passport? Does HO know where it is?

Gav777
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Location: Newcastle, UK

Post by Gav777 » Thu Aug 29, 2013 3:36 pm

When UKBA refused my FLR (O) visa application, they didnot return my passport back to me, they sent it to the local enforcement office in Newcastle. Reason for refusal is I did not qualify as a family member of my fiancée ( living together for less than 2 years, not married cuz I did not have my decree absolute then). On the refusal letter, I do not have appeal rights as well. They gave me the phone no of the local enforcement office, I called them, they said they haven't received it yet. They said it will arrive to them in a couple of weeks. Two weeks passed still haven't heard from them. Now I got my decree absolute and my girl friend is pregnant, I want to marry her before the baby is born. But dont exactly know how should I proceed, I dont have my passport with me neither do I have a valid visa :-(, please suggest, thanks.

Directive/2004/38/EC
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Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Thu Aug 29, 2013 11:07 pm

How long has your partner been in the UK?
Is she working presently?
Will she be on maternity leave with the new baby, or will she have quit her job?

Gav777
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Location: Newcastle, UK

Post by Gav777 » Fri Aug 30, 2013 10:35 am

She's been here for 4 years 8 months, continuously, works permanent position full time in the same company when she first came to England, She lived for two years before she came to UK, but I think that doesn't count. Yeah, she will be on the maternity leave during the crucial periods if everything goes fine with the employer.

Directive/2004/38/EC
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Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Fri Aug 30, 2013 12:41 pm

Gav777 wrote:She's been here for 4 years 8 months, continuously, works permanent position full time in the same company when she first came to England, She lived for two years before she came to UK, but I think that doesn't count. Yeah, she will be on the maternity leave during the crucial periods if everything goes fine with the employer.
Note that if she started work within the first 3 months of arriving, then her clocks starts on the day she entered the UK. If she is working or on maternity leave, her PR happens 5 years after day of arrival.

Note that if she has PR, then the baby would have British Citizenship. As well as likely a number of other citizenships from the parents.

mikilo2008
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Post by mikilo2008 » Fri Aug 30, 2013 8:31 pm

its a very straight forward thing just go to the registry and tell them u want to get married. i got married with the photocopy of my passport but the registrar called ukba to verify the photocopy with the passport they have. i applied for zambrano but was refused but i got married few weeks before i received the refusal. you will need prove of address as well.

mikilo2008
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Post by mikilo2008 » Fri Aug 30, 2013 8:33 pm

its a very straight forward thing just go to the registry and tell them u want to get married. i got married with the photocopy of my passport but the registrar called ukba to verify the photocopy with the passport they have. i applied for zambrano but was refused but i got married few weeks before i received the refusal. you will need prove of address as well.

Directive/2004/38/EC
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Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Fri Aug 30, 2013 11:42 pm

mikilo2008 wrote:its a very straight forward thing just go to the registry and tell them u want to get married. i got married with the photocopy of my passport but the registrar called ukba to verify the photocopy with the passport they have. i applied for zambrano but was refused but i got married few weeks before i received the refusal. you will need prove of address as well.
Not so fast. If UKBA is taking "enforcement action" then it is likely UKBA will show up at a wedding when done at a registry office.

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