Advice on marrying an illegal immigrant!!!!

[iva555]

Hi everyone,

Me and my boyfriend have been together for almost two years now and love each other very much and we are thinking of getting married. I am british but he is from Brazil and illegal in this country. He initially came with a tourist visa but stayed when the visa expired. He has been here illegally for three years now. I don't know what to do!!!! I know that he will not get a certificate of approval to marry here since he is illegal so what can we do? If I go to marry him in Brazil how long would it take him to come home with me? I am also divorced and have a five year old daughter and I can't just leave the UK easily to live in Brazil with him!!! My daughter's father would not agree and even though I have full custody of her this is another court battle! Help please!!!

[MmeRedWhiteandBlueberry]

You should see an immigration lawyer before you marry. Your situation is very complicated.

[expatinscotland]

He will need to return to Brazil. Then he can either apply for a fiance visa to return to the UK and marry you here or you can marry there and he can apply for a spousal/FLR visa.

It is not a guarantee, however, he will be granted either one as he is an overstayer.

[iva555]

Thank you very much! We are thinking of going to Brazil and marry but what if they don't give him a visa? How can they separate two people who are married?

[rainbowinthesky]

Who is to say though that it is not a marriage to enable him to stay here? Sorry but if he is illegal here than I wouldnt hold much hope for the future of you both here.

[ilovemydogandMrObama]

A friend of mine's brother married a woman from Guatemala, and she returned as she was illegal in the US. She couldn't get back to the USA for over 2 years. I don't know about the UK, but would thoroughly research out your options. Is he employed? Does he have any skills?

As MmeRedWhite suggests, get professional advice from an immigration lawyer.

[iva555]

Sugarmousepink I don't know in what other way he can sort out his status unless he gets married to me (not that that is the reason why we are getting married). As to my dd she has no contact with her father and she has no other family here except me!!! I am originally from Bulgaria! I can't imagine my life without my partner I don't know what to do!

[rainbowinthesky]

I don't know much about immigration law but I would be very surprised if simply marrying you would sort his immigration out.

[iva555]

He has always worked and paid taxes and everything. He has never done anything bad in this country like crime I mean....he is a lovely man

[rainbowinthesky]

How can he have worked legally though and paid taxes if he is here illegally?

[iva555]

Well yes he has and everything is on his name....his real name! He has bank account, insurance number....everything!

[rainbowinthesky]

But how if he only initially had a tourist visa??

[MmeRedWhiteandBlueberry]

The US are a bit stricter about penalties than the UK, but without expert advice, you just don't know what could happen. You need to have all possibilities mapped out to see if you are willing to take the risk.

All going well, the procedure would be for him to return to Brazil and apply for entry clearance to the UK as either a fiance or spouse (whichever is applicable).

The entry clearance is granted based on a viable relationship which is expected to continue, having somewhere to live in the UK, and having the financial support in the UK as he would not be able to receive public benefits. Basically, you would need to be able to support him on your own

[iva555]

he opened the account in the first week here when he still had a valid visa...

[expatinscotland]

Okay, to you he's a really nice guy. He probably is. To the law, however, he's a criminal.

The fact that you are from Bulgaria means you really need to see an immigration adviser to see what his chances are of getting to come back here even if you are married, because he needs to come here on a family permit EU nationals, not as the spouse a Brit (thank you for clarifying that).

'How can they separate two people who are married?'

Because he broke the law by overstaying.

He cannot stay here legally in any way shape or form. No matter what, he has go back to Brazil and re-apply, even if it were for a work permit or what have you.

You need to see a qualified adviser or solicitor.

[iva555]

MmeRedWhiteBlueburry I doubt they will give him entry clearance! Is it not better to go with him to Brazil and get married?

[expatinscotland]

I don't get how he got an NI number on a tourist visa, tbh.

[iva555]

I have two passports.....British and Bulgarian! I didn't understand what you mean expatinscotland

[expatinscotland]

You need to see an adviser, iva, because even if you go to Brazil and marry him, it's not a guarantee he'll be given entry clearance.

I've known people this happened to even though the spouse never overstayed, because they couldn't prove there was the funding needed to support the spouse.

One person I know had to return to the UK without her husband for a few months, afer which he re-applied successfully (yes, had to pay the fee again). He is now naturalised.

But just being married isn't enough for UKBA.

[expatinscotland]

K, iva, now it's made clear you are a UK national, he'll need entry clearance to enter the UK as the spouse of a UK national.

But he's an overstayer.

So you need to see an adviser about this.

[rainbowinthesky]

I cannot understand how he can work here with an NI number etc when he had a tourist visa which expired years ago.

[iva555]

thank you expatinscotland......if it is mainly about money I can get money to show in my bank account.....plus he has money as well!!!! I don't think money will be an issue just I want to know what we have to do but yes we will go to see a solicitor very soon!

[ilovemydogandMrObama]

No one asks about immigration status when you get a national insurance number (at least didn't ask me even though I am legal)

OP, you really need to go through all finances/applications to see whether he has claimed any benefits or made any statements about his immigrations status -- i.e. to his employer.

[kingbeat23]

ok....well the thing is as someone has already said, most registrars won't marry you unless you can prove that you are here legally and as you don't then there is the first thing. You have to get him legal.

What kind of visa do you have or are you naturalised here??

The best thing that you could do is to try and go to an immigration lawyer here and ask for the advice, to ask for a ILR (indefinate leave to remain) as a spousal visa or as someone you intend to marry. You can find alot of advice from the home office website about the things they grant people who are here legally BUT it does say that anyone who is here ILLEGALLY is not granted this, as they indeed have to.

The lawyer will probably find a way to try and ask the courts to grant "mercy" for you. The thing is, that if he leaves the country, one way or the other the authorities will find out that he has been here illegally and they don't look on it favourably. If he has his own money to leave the country then it is a bit better, but if he has to get the state to deport him, then it's a no go on him ever coming back here. You're in a bit of a vicious circle here, as if you want your re;ationship to continue then you need to be legal, but if they decline it and deport him, the it is over but if you dont go legal then there is always the threat of him being deported hanging over your head...

only real legal advice will be able to help..

can you tell that I have been here before???

and rainbow - it is very easy for him to pay taxes if he has a n.i. card and it hasn't been checked by his employeers for ages then he is paying taxes fair and square like anyone else.....