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Marrying an illegal

(68 Posts)
aaca Thu 01-Sep-16 10:55:56

My partner is here illegally .. We have been together two years living together one . We have one child together who is 9months of age.
We plan to get married soon .

I no we need to go to local registry office to get proceeding to begin but what do we do or say when we go about his legal status?

Any help would be greatful..

Ps.. Not interested in the keyboard warriors and the negative comments about him marrying me for a visa/passport .. Just wants some helpful advice.

Thanks.

GeneralBobbit Thu 01-Sep-16 10:58:29

You need specialist help with this. Even if you get married it doesn't guarantee his status.

WatchingFromTheWings Thu 01-Sep-16 10:59:42

I'm sure he has to be legal first?? We just registered to marry and had to prove we were legal/lived in the uk etc.

aaca Thu 01-Sep-16 11:01:18

We have seen a solicitor who has told us we can marry here and shouldn't have any issues ..

But just wondered if anyone got any more advice?

I am English.

Daytona79 Thu 01-Sep-16 11:01:26

My friend did this and in order for him to get a visa to stay she had to move with him and there child back to his own country (Algeria) for a year or so. I'm not sure if the exact in's and outs but after doing this and lodging his visa application from there he gained a uk visa and is now a citizen

GeneralBobbit Thu 01-Sep-16 11:03:16

It really depends on which country he's from and what his previous visa status was

MindSweeper Thu 01-Sep-16 11:05:16

What country is he from? Why is he here illegally?

Was this solicitor an immigration solicitor? Because it's not as easy as they're making out and I doubt someone in the know would make you think that.

Daytona79 Thu 01-Sep-16 11:05:17

Oh I should of added they got married in his Country as well as uk

aaca Thu 01-Sep-16 11:09:54

He's from Kosovo .. The solicitor was also from Kosovo.

She said we have two options we can apply for a family one based on fact we have our child together .. And said we had a 50/50 chance of success ..
She seemed almost certain that we would get a spouse visa if we was married..

Like I say she said we can get married here in England we just have to go to registry office and give notice of our marriage as they will notify home office of our intention to get married .

TanteRose Thu 01-Sep-16 11:10:13

If he is not EU, then you have to prove you have a job earning more than GBP18,000 per year to support him. Rules have changed recently.
www.gov.uk/join-family-in-uk/eligibility

tribpot Thu 01-Sep-16 11:13:37

I think you need to consult an immigration solicitor here, rather than in Kosovo. It's UK legislation that's relevant isn't it?

TanteRose Thu 01-Sep-16 11:13:45

Sorry it's £18,600 for a partner

aaca Thu 01-Sep-16 11:15:42

She is here in England the solicitor she is a very successful immigration solicitor.

Penfold007 Thu 01-Sep-16 11:16:28

The information below is direct from the .gov web site. You need to go to the registry office and give notice. This may bring you and your partner to the notice of the UKBA and may cause you both problems.

^5. Foreign nationals
If either of you is from outside the European Economic Area (EEA) or Switzerland and subject to immigration control, you or your partner will need a visa to come to the UK to:

give notice
get married or form a civil partnership
This includes people who don’t normally need visas for general visits (unless you’re already in the UK).

Once in the UK (or if you’re already in the UK), you and your partner must give at least 28 days’ notice at a designated register office if both the following apply to either of you:

you’re from outside the EEA or Switzerland
you’re subject to immigration control
The process is different in Scotland and Northern Ireland.^

www.gov.uk/marriages-civil-partnerships/foreign-national

MindSweeper Thu 01-Sep-16 11:16:44

www.legalcentre.org/Legalization.html

In fact given his status will he even be able to give Notice of Intention to Marry?

Found this:

f you are living in the UK and are subject to immigration control, you will not be able to give a notice of marriage unless one of the following is true:

You have an entry clearance or visa granted expressly for the purpose of marriage in the UK
You have a certificate of approval from the UK Border Agency department of the Home Office
You are getting married in the Anglican church in England and Wales
You have settled status in the UK
If you have less than six months leave to remain in the UK, have overstayed your leave to remain or are in the UK illegally, you can still apply for a certificate of approval, but the Home Office will write you a letter requesting further detailed information. This information will be required to prove that your marriage is genuine and not one of convenience.

Further information about obtaining a certificate of approval and on the class of persons who will be exempt from these provisions is available from the UK Border Agency.

And, if you are subject to immigration control, you will also need to produce documentary evidence to confirm that you are eligible to be married in the UK.

www.mylawyer.co.uk/the-law-on-getting-married-a-A76051D76350/

aaca Thu 01-Sep-16 11:19:12

From what we know we go give notice in the knowledge they will automatically notify ukba who will then come and visit us if they believe it to be a sham marriage.. Which is fine for us.

Pyjamaface Thu 01-Sep-16 11:19:38

It's not going to be that simple I don't think.
Slightly different but a colleague (britsh) married in Kosovo and it took them nearly 3 years to be granted his visa to come and join her. He was here illegally when they met and he only left as he just avoided a UKBA raid at his work.

3 years, countless forms and money on solicitors, not to mention all the travelling to see him she had to do, and prove she had done. She had to prove her income and ability to support him and he wasn't allowed to work for his first year either

aaca Thu 01-Sep-16 11:20:27

are in the UK illegally, you can still apply for a certificate of approval, but the Home Office will write you a letter requesting further detailed information. This information will be required to prove that your marriage is genuine and not one of convenience.
^^

This is what will happen in guessing when we go give notice .

bloodyteenagers Thu 01-Sep-16 11:20:44

Immigration check the registry office for persons of interest. They can rock up before the wedding and take him before you've said your vows. And when asked about the status you have to be truthful, as everything you say is true to your knowledge.
Many years ago I married an illegal. I wasn't aware of this until we had to go to the home office after we got married. it really wasn't worth all the grief and I would now tell my younger self to tell him to get his status sorted first. The stress and fear of everytime someone knocked on the door was horrific because he was served deportation notice.

Then there's the benefits. He isn't allowed access to anything - no benefits, no housing, no medical. Which will have an impact on you. If you loose your job you will have to claim jsa as a single person and actively seek work. And the single money to support you both.

aaca Thu 01-Sep-16 11:20:54

are in the UK illegally, you can still apply for a certificate of approval, but the Home Office will write you a letter requesting further detailed information. This information will be required to prove that your marriage is genuine and not one of convenience.
^^

This is what will happen in guessing when we go give notice .

MindSweeper Thu 01-Sep-16 11:22:30

I'd be worried about a raid on my wedding tbh, which apparently immigration have been known to do.

TanteRose Thu 01-Sep-16 11:22:50

It will be very very difficult for him to get leave to remain.
How much do you earn?

MindSweeper Thu 01-Sep-16 11:24:57

Your husband will have to go back to Kosovo and apply for a spouse visa from there once you're married. Have you got the income needed?

aaca Thu 01-Sep-16 11:26:14

Yes I have a little over needed income I have a very good job luckily .

MindSweeper Thu 01-Sep-16 11:26:44

Which is fine for us.

But they can deport him until he applies for his spouse visa, is that okay for you too? I can imagine it wouldn't be nice being seperated

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