My husband had been overstaying in the UK for many years before his voluntary departure. Now that we are married, I would like him to join me here in UK, based on the fact that I am EU citizen and working.

He worked previously in UK, paid taxes but used an alias name. Anyone having experience and know how to overcome these hurdles for immigration?

  • For a Family visa application, overstaying falls within the discretionary grounds for refusal under Immigration Rules 320(11) gov.uk/guidance/immigration-rules/… He needs advice from an Immigration lawyer – Traveller Feb 3 '19 at 10:09
  • @Traveller - that's a (good) answer, not a comment. – Martin Bonner supports Monica Feb 3 '19 at 13:57
  • @MartinBonner it would be a good answer were it not for the fact that the immigration rules do not apply to the family of EU citizens. – phoog Feb 4 '19 at 4:22
  • @Phoog They may do in certain circumstances, according to this immigrationbarrister.co.uk/overstaying-your-visa-in-the-uk-faq – Traveller Feb 4 '19 at 8:01
  • @Traveller I don't see anything on that page that supports that conclusion. A ban under the rules means that applications under the rules will automatically be refused, but it is not an outright ban as it does not apply to applications under the EEA regulations. – phoog Feb 4 '19 at 9:10

As the spouse of an EU citizen who lives and works in the UK, your husband can enter the UK under the freedom of movement directive, or, more precisely, under the UK's implementing regulations. The only grounds for refusal are a finding that your husband represents a threat to public safety or public health, that his presence would be contrary to public policy, or that your marriage is a marriage of convenience or otherwise invalid.

Prior immigration violations are not generally grounds for refusal, therefore. If his past behavior could make him liable to prosecution, though, you should consult a lawyer, since his entering the UK could lead to his being prosecuted.

If your husband has a visa-exempt passport, he can just travel to the UK and be prepared to make his claim under the regulations at the border. If he requires a visa, he should apply for an EEA family permit. Even if he does not require a visa, he might want to apply for an EEA family permit anyway, since that would relieve him of the stress of having to make his case at the border, which comes with the possibility of being sent back home if his application is not successful.

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Your husband needs advice from an Immigration lawyer. Overstaying combined with his use of an alias means that an application for a Family visa falls within the discretionary grounds for refusal under Immigration Rules 320 (11), which refer to circumstances where the applicant has previously contrived in a significant way to frustrate the intentions of the Rules. https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-9-grounds-for-refusal

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  • Just want to thank you for clarifying things. – Mara Feb 3 '19 at 17:55
  • Does this mean, there is no way out/ no way to overcome this hurdle? I am married, does this change anything? – Mara Feb 3 '19 at 20:39
  • @Mara No, it means the application would not be straightforward. It is important that any application is well prepared to address all of the ECO's potential concerns about previous conduct, therefore it would be advisable to consult an Immigration lawyer before applying. If your application is refused, you will have a right of appeal. – Traveller Feb 3 '19 at 20:48
  • @Mara your husband will not apply for a family visa, but for an EEA family permit. The likelihood that you'll need a solicitor is far smaller in this case, because past immigration violations are no bar to an EEA family permit. The main worry would be a suspicion that yours is a marriage of convenience. I've downvoted this answer because the immigration rules do not apply in this case. – phoog Feb 4 '19 at 4:20
  • @Eric no. Only the applicant needs to be outside the UK. The EEA-national sponsor can be anywhere, but must either travel to the UK with the applicant or be in the UK when the applicant arrives. – phoog Feb 5 '19 at 4:06

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