From Overstayer to Spouse

From Overstayer to Spouse
Update
This is an account of my recent experience with the Law Centre in Belfast, Northern Ireland. First, a bit of background about my situation. I am an American citizen and I came to the Republic of Ireland in 2004 and then to Northern Ireland with my Irish citizen partner. Due to some incorrect advice given to me, I never applied to the UK immigration authorities to remain in the UK and became an overstayer. We had a daughter in 2005, born in the UK, which both made the desire for me to regularize my status more urgent, yet also made me more fearful of receiving further incorrect advice and being separated from my partner and daughter. I started doing internet searches for immigration advisors and found the site for the Northern Ireland Law Centre. They listed that they offered a free, confidential telephone advice service from 9:30-1 Monday through Friday. The first time I called them was I believe in late 2005/early 2006. When I called the first time, the woman was very helpful. I think we spoke for at least an hour. She gave me various options, the two main ones being marrying my partner in the United States and then applying to return, either via a UK spousal visa or an EEA Family Permit. She then explained to me the differences between UK and EU law and went over the pros and cons of each. I explained to her that I would not be able to return to the US right away due to financial reasons, but when we decided to go, would I be able to call her again. She said that was absolutely okay and gave me her office hours and told me that when I called I could ask to speak to her directly. My partner and I have now made arrangements to marry in the US. I was looking at the VAF1 form and guidance notes for the EEA Family Permit to make sure we had everything before we left the UK. I had numerous questions regarding some questions on the form and what supporting documents we needed to provide. I again called the Law Centre. The woman I had initially dealt with was no longer working there, so the receptionist took my name and number and said she would refer me to someone else and I should hear from someone by the end of the day. An advisor called me about an hour later. I had written down all of my questions and started asking away, after giving her a bit of background. Shortly into the conversation, she said that if I had the form in front of me, she could pull it up on the pc and go through it with me, page by page. So that's what we did. My biggest concern was how to explain the overstay. I wanted to be truthful, but was wary of giving too much information and giving the impression that I was over-explaining things. She helped me put together a brief, clear, concise explanation and even waited patiently while I wrote it all down. She was an amazing help. She assured me that I should not have any problems when I return to the US, but in the small likelihood that the worst happens and I am refused entry, she had said that I could call her back from the US and she would be more than willing to help me with any further issues that I may have. I have found the Law Centre in Northern Ireland to be an amazing resource. They have been incredibly professional, helpful, and understanding. It has made navigating the immigration system less overwhelming, and I am very grateful for the services they provide.
Update: My experience at the British Consulate-General in New York
I would like to give an update regarding my previous post and an account of my recent experience obtaining an EEA Family Permit at the UK Consulate General, New York. My partner and I left the UK via Belfast International Airport on February 27. We did not encounter any exit controls when we left. We flew to Newark-Liberty and proceeded through US Customs. The Customs official I encountered had numerous questions for me regarding what I had been doing out of the United States for the last two and a half years, why I was coming back, and had I been working during any of the time I had spent in the UK. I answered him politely and honestly, though I chose not to give very detailed answers. I stated that I lived in the UK with my partner and daughter, that my partner and I were on vacation, and that I was not employed. He asked why my partner was not with me and I explained that he was in the line for foreign nationals. He then wanted to know where my daughter was, to which I replied that she was in the UK with family. To be honest, I found him to be fairly rude, but he did let me through after I answered his questions. I met my partner in baggage claim and we headed off to the hotel. On February 28, we went to City Hall in Manhattan and applied for a marriage license. It was a very easy and straight-forward process, and all that we needed to provide were our passports. We were informed that there was a 24 hour waiting period in New York before they could perform the ceremony and that the license was valid for 60 days. We got married the next day, March 1. A close friend of mine was to be our witness (only one witness is required in New York) but at the last minute could not make it. We found a lovely couple at City Hall (applying for their own marriage license) who agreed to be our witnesses for the small fee of sending them a postcard from Ireland. The marriage ceremony was short and sweet, and we received the marriage certificate immediately afterwards. I had my appointment at the consulate the following day (March 2) at 10 am. We arrived at 9:45 and the security guard informed us that my husband would not be allowed to go in with me so he waited at a nearby café. I had the following documentation with me for my appointment. VAF1 application My passport and birth certificate My husband's passport and birth certificate Our daughter's birth certificate Marriage certificate Letter from husband's employer stating that he was currently working there and when he was hired Husband's pay slips for the last 6 months Bank statements for the last 6 months Lease agreement for the house we are renting When I went into the consulate, there was a line, which surprised me. Apparently the appointment time is basically the time you are allowed in the building. Luckily things moved quickly and I went up to the window at 9:55. The first thing the woman at the window asked me for was the application, along with both of our passports. She briefly skimmed through the application and then asked for our marriage certificate. She noticed that we had been married only for a day, but said nothing about it other than to offer her congratulations. She then asked for evidence off accommodation and the bank statements. I gave her those, along with the letter from my husband's employer. She gave those a brief look and then asked if I had a letter from my sponsor (husband). I explained to her that I thought he would have been allowed in with me so I had no letter from him. She told me not to worry about it, handed me a little white card and told me to come collect my passport at 11:15. I left the consulate at 10 am to give my husband the good news. I was quite amazed at how simple the process was. I had been advised before I left the UK that I should not have any problems getting the permit, but that I would more than likely be asked a few questions about my period of overstay, in addition to the brief explanation I had given in my application. I was fully prepared for this and was stunned (in a good way) that the subject never even came up. I went back to the consulate at 11:15 and received my passport at approximately 11:20. We returned to Belfast on March 7. Again, I was expecting questions regarding the overstay as the IO flipped through all the pages in my passport. The only questions she asked were the following... What is your husband's name? What passport does he carry? What is he doing in the UK? I answered them and was let through without any problems, and am now finally legally resident in the UK. Lisa Miller Londonderry, Northern Ireland (Contact details via Transpondia)

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