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Advice on marrying an illegal immigrant!!!!

111 replies

iva555 · 16/08/2010 20:00

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!!!

OP posts:
PigswithWings · 16/08/2010 23:51

I'm angry and frustrated for stating the truth?

Hmm

I would suggest the same with your over use of exclamation marks

But the fact is is that you aren't countering my points as to why your DP isn't a criminal (for obtaining an NI number by fraudulent means)

Also you haven't countered the point that if this thread was about benefit fraud and you were asking for help as to how to get around it, you would be rotally rounded on. Not sure how this is different?

Still breaking the law.

Did he? If so he is a criminal.

If he didn't. Please feel free to contradict me.

Bugsnbites · 17/08/2010 02:07

I'm sure your DP is just lovely, Iva, and best of luck getting it all sorted out. Don't the angry, frothing types get you down.

MmeRedWhiteandBlueberry · 17/08/2010 05:54

Actually, if the thread was about benefit fraud, there would be quite a few supporters.

I don't think anyone here is saying what he did was right. What most of us are doing is trying to help the OP out of the situation she is in (legally, I must add). She knows what he did was wrong, he knows what he did was wrong. Condemnation from a few Mumsnetters isn't going to add to what they already know and feel.

I have some sympathy for the situation. I can imagine that it is quite easy for a man who is young and single, from a country that doesn't have the same regard for the law, to basically drift into the situation he is in now. As the OP said, he didn't count on falling in love, which changed everything. I'm sure for the past several years, he has been living always looking over his shoulder, knowing that the day would come. Well, it has come now.

I am not shocked about the NI number. He wanted to work, didn't want to do cash under the table jobs, so needed an NIN. He did what was, I imagine, pretty normal for him - he bought one. He is from Brazil, remember, where you pay for everything, even if it is legal (you often have to give backhanders to officials). We don't know the full circumstances of the NIN - he may have had people helping him who told him this was how you do it. That wouldn't have been that unusual to him.

I imagine that once he decides to return to Brazil and set in motion the EC process, he will be mightily relieved. It will be a tough process for him, but it can't be easy living as an II either.

mrzsmalls · 21/10/2010 17:15

hi iva555...have u sorted yourself out yet, if not i know someone in the exact situation as you and there is help u could get but it is expensive. first off you will need to marry in a church of england then ur partener will need to go back to his home country within a month after marriage. secondly he will need to apply for a marriage visa over there, this should take about 3 months no longer. then he will get back in the county. he need to have a lawyer though and there is alot of restrictions on ur application...you will need to prove that u could support both u and ur partner without gouverment help, both livin in the same address, savings in ur account, proof that he lives in ur address and pictures of u both together, if u have all this then there should be n problem for him to get back. when he gets bk he will get 2 years indefinate, after the 2 yrs u will be contacted and if the marriage is still pending then he will get his indefinate. i hope this information helps you out...all the best for the future

mrspear · 21/10/2010 17:24

i will tell my story - forget marrying over here it. it won't work. He is illegal. He will have to go back to Brazil and you will have to marry there. Then apply for a marriage visa. Me and hubby applied twice and failed twice. There reasons was one that he had been an overstayer and two the relationship was fake. (e.g we did not have enough photos of the two of us) We then had to go to court. Where he was granted the visa. The whole process took over a year and cost over £10 000 not including my visits and telephone calls.

mrspear · 21/10/2010 17:27

Oh and as for gaining a NI number. Mine did that. Yes he was illegal but the tax office gave him the number without checking his immigration status. No lies needed! So yes he was illegal but he paid tax and NI - more than some of the layabouts born here.

GypsyMoth · 21/10/2010 17:31

are solicitors/lawyers not supposed to pass overstayer details on to the immigration authorities??

he needs to go back

LucindaCarlisle · 21/10/2010 19:04

mrspear. There is totally no need for you to insult British layabouts.

tb · 24/10/2010 14:34

Re marriage in C of E - it is not possible afaik to marry a foreign national by banns, it would have to be by special licence, granted by the Archbishop of Canterbury.

Pupilsrights · 18/12/2014 11:45

Here is the solution, after listening all you moms I summarised it.

  1. He goes to Brazil
  2. She goes to Bulgaria
  3. He asks for spouse visa to Bulgaria
  4. He comes to Bulgaria
  5. He applies for UK visa as her EU dependant/partner
  6. He comes to UK then under EU laws which is strong enough to supersize UKBA laws as rules are not stronger than laws passed in perliaments. Rules made by institute under giver power from peiaments.
There are unjust laws like there are unjust people. -Gandhi This person showed whole world that UK laws were mostly unjust inhuman and naturally illegal laws passed by govt against human rights.
DandyHighwayman · 18/12/2014 14:20

Hah well I should think that four years on, the OP has got it sorted.

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