Common licence

[shoonie]

My fiance and I are getting married in our anglican church and have been told to apply for a common licence because he is Nigerian. The problem is that he is an overstayer. Will this affect our chances of getting a common licence? We have been told to bring our passports to see the local surrogate for marriages in our parish but are a bit worried that the fact that his visa has expired will ruin things for us.

[sakura]

My fiance and I are getting married in our anglican church and have been told to apply for a common licence because he is Nigerian. The problem is that he is an overstayer. Will this affect our chances of getting a common licence? We have been told to bring our passports to see the local surrogate for marriages in our parish but are a bit worried that the fact that his visa has expired will ruin things for us.

It might do. But I don't think the 'common licence' has anything to do with immigration status. It just means that one person lives outside the parish, i.e. his original church is not in the UK. So, since he is not a member, the parish requires you to get a common licence.

Now, you will, however, have another problem, even if you obtain the common licence. Since he is an overstayer, the church will not (normally) be able to marry you, since you need a Certificate of Approval (CoA) to marry in the UK, which can only be obtained if you have valid leave (i.e. are a legal immigrant). So, once the vicar sees the passport, he has the right to refuse to marry you, and you would then be required to leave the country to marry/apply for a spouse visa.

I suggest you do a search on this board - there are many in your circumstance (partner is an overstayer), and all the evidence would indicate that you cannot marry in the UK and your best, even only, option is to leave and apply for either a fiance visa (to marry in the UK) or a spouse visa (if you marry outside the UK) from his home country.

[Wanderer]

My fiance and I are getting married in our anglican church and have been told to apply for a common licence because he is Nigerian. The problem is that he is an overstayer. Will this affect our chances of getting a common licence? We have been told to bring our passports to see the local surrogate for marriages in our parish but are a bit worried that the fact that his visa has expired will ruin things for us.

I don't think the Vicar will marry you. I've read here that the churces etc are wanting to see either a CoA or proof of legal residency.

Marrying him won't make his stay legal or strengthen his right to stay here - he'd have to return to Nigeria for that and obtain LRT thought the normal channels.

[IMMIGRATION LAWYER]

Indeed, your partner (hopefully spouse soon) will have to return to Nigeria in order to regularize his status in the UK and return tothe UK as your spouse...

[shoonie]

thankyou all for ur replies.

Is there any other way to regularize his status without going back home (ie any 'special' circumstances). We have a 3 month old daughter, he has a degree, has not claimed any benefits, etc...

[Wanderer]

thankyou all for ur replies.

Is there any other way to regularize his status without going back home (ie any 'special' circumstances). We have a 3 month old daughter, he has a degree, has not claimed any benefits, etc...

Only extreme circs, like life in danger back home, terminal illness etc. Some have mamanged it but I think they were refugees.

Best to get used to the idea and get it over with.

[avjones]

"Is there any other way to regularize his status without going back home (ie any 'special' circumstances). We have a 3 month old daughter, he has a degree, has not claimed any benefits, etc.."

Yes, exceptional circumstances can entitle someone to stay without having to go back to apply for entry clearance, but it is MOST unlikely that a child, degree and no benefits would qualify. You need to be from a civil war country, about to die, that kind of exceptional, not just having a child.