Spouse deported but married EU National outside the country, can they come back to the UK together?

I'm writing to you with a question. I'm getting married to an Albanian citizen. We got to know each other in London. He's been living in the UK illegally for over 2 years and in February 2017 was deported after our marriage interview. The reason we didn't get the permission to marry was that we didn't comply with Home Office as we didn't deliver the tenancy agreement with both our names. Now we're getting married in Poland as I'm Polish. After that, we both want to come back to the UK with a marriage certificate without applying for a visa. I've asked the border policeman who was checking my passport at the airport in Stansted if this is possible at all. He said that because I'm EU national technically it is possible as I've got the right to bring my husband to the UK this way but he would suggest applying for a visa. Please do you know if what we want to do makes sense at all? Kind regards,

 

Our response

Your question is, you are an EU national and are looking to come into the country with your spouse who has been subject to deportation.

Your enquiry seems to be hypothetical as well, as it may be that you are actually not married now and there is a chance that you may be looking to get married and then come back. Whilst this in itself is okay, you’ve got to consider the idea of a marriage of convenience. The background to your case makes it easy for the Home Office to come back and say ‘hey, we think you are just getting married for the visa’. They are within their rights to refuse your application on that grounds.

However, you also mentioned that the reason why you were refused was not that your relationship was doubted, but on the basis of accommodation. If this is the case, this may mean that the home office is satisfied with the genuineness of your relationship.

This may mean that any refusals you may have will come with the rights to appeal. We speculate that if for any reason an application for your partner is refused, he would be given the rights to appeal.

Our immigration lawyers may need to have a look at the refusal letter to determine the best course of action. In the event that you need to appeal a decision, our lawyers have also trained and worked with some of the best immigration solicitors. Feel free to give us a call today for a free initial assessment over the phone.

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