Marrying an illegal

[aaca]

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.

[Richtea2]

@aaca

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.

What happened next?
I am going through something similar?

[sashh]

No, for making it extremely difficult for UK citizens to marry their non-EU partners with who they have genuine relationships.

And those already married. I worked with someone last year who had returned tot he UK with her children but was having terrible problems getting a visa for her husband of 10 years.

[Viviene]

OP can he get Slovenian citizenship? They're in the EU so he would be legal. This might be easier than the spouse visa route - a friend of mine married a non-EU national and they did everything legally and it still took them ages. Also, she wasn't allowed to work for a certain period of time (can't remember how long and it was some time ago) - which was very devastating for her.

[stouensbay]

I think that registrars now have a duty to report those who they suspect of immigration fraud. So be careful. Your solicitor sounds suspect. I would pay and get some written advice rather than rely on a friend's word. At least you have some comeback then.

I feel for you, my non EU partner (now husband) and I did everything legally and it was a pain. We didn't intend to fall in love, it just happened. This was over 10 years ago. It's harder now sorry to say.

[Nzou1050]

Ok, but it also shouldn't be impossible. My original comment referring to the home office as bastards was in the context of the OP saying that her solicitor thinks they'll be okay because of the "right to family life". I was pointing out this probably won't be the case, because the home office often disregard this and separate families, even those with children, which are built on genuine relationships.

[MindSweeper]

I didn't say it was, I said the Home Office are not bastards for not wanting people to take the piss out of the system and therefore having safeguards in place to prevent it. It's not supposed to be easy.

[Nzou1050]

So how is wanting to marry your partner, who you have a genuine relationship and child with, "taking the piss out of the system"?

[MindSweeper]

I know how it works, and I stand by what I said. The only thing I find unfair is EU citizens have it easier.

[Nzou1050]

In September, research by Middlesex University and the charity the Joint Council for the Welfare of Immigrants found about 15,000 British children are either separated from one parent or forced to grow up outside the UK because of the rules.

From the article I linked.

[Nzou1050]

Home Office are absolute bastards

Oh yes utter bastards for not wanting people to take the piss out of the system

No, for making it extremely difficult for UK citizens to marry their non-EU partners with who they have genuine relationships. Non-EU spouses of EU citizens in this country have a better deal than non-EU spouses of UK citizens in this country.

There are many, many families split up because of the harsh immigration rules on non-EU spouses. Also many British citizens are effectively trapped abroad because they can't afford to sponsor their spouse into the UK or would have to be separated for an indefinite amount of time from their spouse in order to be re-established here and then hope their spouse is granted a visa to enter.

www.theguardian.com/uk-news/2016/feb/21/families-challenge-minimum-income-visa-rules-supreme-court-non-eu-partner?0p19G=c if you're interested in finding out about how the home office treat people and regard their right to family life.

[MindSweeper]

Home Office are absolute bastards

Oh yes utter bastards for not wanting people to take the piss out of the system

[PigletWasPoohsFriend]

Yes .. Like I say she was extremely confident that we would be completely successful when we saw solicitor

I hope you have this in writing.

Unless she has a crystal ball she can be as confident as she likes, it doesn't mean it will happen.

[StopMakingMeLogOn]

toga people make daft decisions (like overstaying a visa) often without thinking about long term consequences. They have come here, formed lives and haven't really seen any harm in staying. Then they find themselves stuck - they want to get married, do everything legally but whatever they do will trash their lives. Yes, it is not legal to overstay a visa, but personally I tend to reserve the word criminal for those people who murder, rape and steal etc, not some poor bugger who just wants a normal family life in a country he he has come to think of as his home.

[sashh]

OP

Can your dp get Serbian nationality? I know that might sound abhorrent to some Kosovans but Serbia is trying to join the EU and as an EU citizen he would be legal (caveat - no one knows what will happen at Brexit).

[engineersthumb]

I got married in tge CofE to a non British EU citizen. We still had to get a particular certificate (can't remember the title), on inspection it was only required for non EU nationals but the CofE applied it to all non U.K. nationals. Of course we had to pay for the privilege too! Again be careful proceeding down the CofE route without advice.

[marcopront]

Did you go with your partner to see the immigration lawyer, or is he reporting back to you?
Getting a spouse visa isn't easy and it seems surprising that she is saying it is.

A good forum to find out more is
www.ukresident.com

[Togaparties]

Its heart warming to hear stories of these criminals being deported. Shame they don't have the resources to catch more of them.

[GiddyOnZackHunt]

With the lack of embarkation controls he really would be better going back to Kosovo. There won't be a removal record on his document. Go visit him. If he had a job there and you build up a to and fro pattern maybe that would work.

[IPityThePontipines]

Nzou - You don't need a Certificate of Approval to marry anymore, they were rightly viewed as unlawful (Thank you Human Rights Act).

OP, you've had some good advice. Be careful, as whatever happens, you've got a long road ahead of you and be prepared that you may either have to be separated, or live in Kosovo.

[Nzou1050]

I would be really careful of making sure you have good solid advice before going to the registry office. You will be bringing him to the attention of the home office and as he is here illegally they could well remove him (I'm not saying they should btw but there is the chance that will happen). They can then tell you he should apply from his country to return to the uk on a fiancé visa or that you should marry him in his country and apply for a spousal visa from there.

I know someone (British) whose partner overstayed his visa, they had a young child (also British). He was removed. She went to his home country and married him there. Still took him TWO YEARS to get a spouses visa to return to the UK.

I don't want to worry you but what I'm essentially trying to say is that the Home Office are absolute bastards and don't really give a shit about the right to family life of anyone, even British citizens. So make sure you know what could happen before you go to the registry office.

Admittedly I haven't been looking at this area that recently but I would think your best bet would be to get married in a Church of England as you didn't used to need a certificate of approval. If that's still the case you only need to convince the priest your relationship is genuine, not the home office who may be more interested in removal. That way you can at least get married if that's what you want. But I would suggest it won't be plain sailing and won't necessarily normalise his immigration status easily. They have recently also changed rules for citizenship so any adverse immigration history in the last 10 years (ie periods of illegal residence) will disqualify him from gaining citizenship. He would have to wait 10 years from when he gains legal residence.

[Cocklodger]

I'm sorry OP but I don't think this will work out how you want it to.
its costing us £2000 for our (legal) visas to another country. without flights, moving costs etc. DH has resident status I however will not, and will need to spend out another £4000 or so to get this.
I can't imagine being an illegal is any cheaper.
Your DP is likely to be deported before you are able to marry,and it will again likely be a long hard few years with thousands spent before you are able to be together int he UK.
You may want to look at emigrating to his home country to be honest

[SavoyCabbage]

allegretto we didn't come back to the uk for another two years whilst we jumped through many, many hoops. We looked at living apart for six months while I came back and worked and we looked at moving elsewhere in Europe first which would mean we could have got him in on a loophole known as the Surinder Singh route.

In the meantime we contacted our MP from where we used to live and still had a house and he contacted the Home Office (which was no help as the rules were correctly applied) and wrote us a letter of support. We got letters from dh's former employer, my mums doctor saying she needed our support etc. And we got him in on an appeal after two years.

[Footle]

I think it's an additional £5000 per child.

[JenLindleyShitMom]

Fucking brass neck on it.