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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Original poster

Marrying an illegal

68 replies

aaca · 01/09/2016 10:55

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.

OP posts:

Togaparties · 12/09/2016 04:04

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

marcopront · 12/09/2016 04:43

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

engineersthumb · 12/09/2016 05:50

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.

sashh · 12/09/2016 06:20

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).

StopMakingMeLogOn · 12/09/2016 07:14

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.

Fidelia · 12/09/2016 07:55

This reply has been deleted

Message withdrawn at poster's request.

PigletWasPoohsFriend · 12/09/2016 08:09

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.

MindSweeper · 12/09/2016 12:50

Home Office are absolute bastards

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

Nzou1050 · 12/09/2016 15:12

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.

Nzou1050 · 12/09/2016 15:15

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.

MindSweeper · 12/09/2016 16:20

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 · 12/09/2016 16:25

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 · 12/09/2016 16:35

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 · 12/09/2016 16:44

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.

stouensbay · 12/09/2016 16:47

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.

Viviene · 12/09/2016 17:08

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.

sashh · 14/09/2016 08:40

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.

Richtea2 · 03/04/2022 10:08

@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 .