Hello sir..

I came to UK as a student on 16 September 2006 and had my visa was expiring on 31st jan 2008.. i joined for pg diploma course and got extension from a college in London until 31st dec 2008. i was in the same college and tried for extension and got my visa rejected because my college had lost the credibility. i had a chance to appeal and i appealed through a solicitor but he cheated me and i was in deep trouble. i couldn't go back to my country as i take a huge loan to come and study here. i applied for an appeal and i didn't get any result yet and i am living here illegal or legal ,, i dont know since 31st dec to now ... i want to be legal again sir.. i got a girlfriend and she is European.. she is willing to marry me.. i heard that now in uk you can marry without homeoffice letter ..so if i marry her legally can i apply for my dependent visa sir? please help me and say me some ways to get out of this trouble,, i cant go back to india as i have huge loan and am not working for one year now.. am living with my girlfriend and she is looking after me. please help me and tell me if i can marry her here


Dear Friend,
Since this May you don’t need permission from the UK Border Agency to marry while in UK. So therefore you don’t need to apply for permission to get married in UK. You and your girlfriend can attend the nearest local register officer and they will advice you regarding the procedure how to get married here.
After your marriage you can apply to the UKBA for regularizing your visa as the dependant spouse of a European national. In most cases the UKBA can exercise discretion with regard to your position as an overstayer and grant a residence permit if you satisfy the requirements of the Immigration rules under European directives. In order to sponsor you your spouse should be exercising her treaty rights while in UK. A person is said to be exercising Treaty rights if you are employed or self-employed; or studying; or economically self- sufficient (meaning that you have sufficient funds to support you without requiring public funds); or a jobseeker; or retired; or someone who has had to cease working in the UK owing to permanent incapacity.
The position will also be different if your girl friend is a Bulgarian or Hungarian national. You have just stated that she is European only in the email.
I would also advice you to take independent legal advice as your current status in UK is that of a visa overstayer.

Paul John

If you wish questions to be answered by Paul John please send it to news@ukmalayalampathram.com