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App for ILR in UK for illegal immigrant to get married

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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violet26
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App for ILR in UK for illegal immigrant to get married

Post by violet26 » Wed Oct 22, 2014 6:12 pm

Hello all, im new to this kind of thing and dont usually post in forums, but i need some advice please, I am a UK citizen born and bred as we say, but my partner is an illegal immigrant of 14 years, i know its illegal but he is a lovely man and i love him, we wnat to get married. We have been together for nearly 2 years, so we want to apply for an ILR to get married but have heard that we will need to give evidence of our relationship which wont be a problem, but we have also heard that i will need to earn a certain amount of salary and have some savings, how much? and for how long will i have needed to show earnings, how much savings will i need, what sort of evidence will we need. Any help and advice would be appreciated, whats the best route? best immigration lawyers?, we have decided to wait to put in the application so we have evidence such as both names on bills, my salary and savings and such, we dont want to wait but think it might be best, we want to get engaged next year and married the year after. Ive also heard that you have to book with a registrar for your wedding when you put in your ILR application.
My Partner has no criminal convictions has never claimed any benefits, we have thought about getting married secretly but we would prefer to do it with all our families with us.
Please help xx
Last edited by violet26 on Thu Oct 23, 2014 10:06 am, edited 1 time in total.

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CR001
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Re: Application for ILR in UK for illegal immigrant

Post by CR001 » Wed Oct 22, 2014 7:32 pm

Your partner cannot apply for ILR in the first instance.

Only people with valid visa and who meet the 5 or 10 year residence requirement can apply for ILR.

There used to be an option for overstay immigrants to apply based on 14 years residence, but this has been abolished.

Your will need to earn £18,600pa and he will need to meet the A1 English requirement for a fiance or spouse visa and it should be applied for from his home country. Not sure how his 14 years overstay status will affect any application though, perhaps a moderator could advise.

Even if your managed to get married, he still would find it really difficult to apply for any type of visa from within the UK.
Char (CR001 not Casa)
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violet26
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Re: Application for ILR in UK for illegal immigrant

Post by violet26 » Wed Oct 22, 2014 7:38 pm

Thanks for your reply, we were told when we briefly seen an immigration lawyer that he could apply for an ILR to get married and not have to go back to his own country because of his legacy case. He speaks reads and writes fluent english.
Is there anything we can do to prevent him being sent back home and for us to stay together, i dont think i could cope if he had to leave, Please anyone give advice and help, anything much appreciated, thanks in advance xx

violet26
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Re: Application for ILR in UK for illegal immigrant

Post by violet26 » Wed Oct 22, 2014 10:18 pm

Who and where can i speak to a moderator??

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Re: Application for ILR in UK for illegal immigrant

Post by CR001 » Wed Oct 22, 2014 10:34 pm

Who and where can i speak to a moderator??
You will need to wait until one of them are online and responds to your post/thread/query.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: Application for ILR in UK for illegal immigrant

Post by PeterPiper2 » Thu Oct 23, 2014 9:06 am

violet26 wrote:Thanks for your reply, we were told when we briefly seen an immigration lawyer that he could apply for an ILR to get married and not have to go back to his own country because of his legacy case. He speaks reads and writes fluent english.
Is there anything we can do to prevent him being sent back home and for us to stay together, i dont think i could cope if he had to leave, Please anyone give advice and help, anything much appreciated, thanks in advance xx
Can you afford to speak to a soclicitor? That really is the best thing to do in a case like this. You could also request to know their fee for handling the entire case.

violet26
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Re: Application for ILR in UK for illegal immigrant

Post by violet26 » Thu Oct 23, 2014 9:29 am

Thanks for your reply, yes we can afford to speak to a solicitor, i want to know all the information myself about all possible routes and all the red tape, my partner was ripped off once before when the solicitor took his money for a legacy application and it wasnt til 2 years later with no reply when he went to another solicitor to find the first one hadnt sent the application off. We spoke to another one recently and he said we can apply for an ILR on the grounds of legacy and right to have a life in human rights, he told us his fee was £1000 and the fee for the application was another !£1000, when i asked for advice such as is there anything we can do to help our case, he just said no not really, then when i read things in forums like this i can see that others send evidence and documents, we left the sloicitors no further informed, when you put your trust in a solicitor and give him £2000 you need to know that he will do his best for you and not to just get all the application monies with as many applications he can get not caring wether they are successful or not.
I want to help my partner as much as i can but i like to know the laws and rules myself so i have confidence in what im doing, he has put his trust in a solicitor and been let down badly, i dont understand all the different applications such as tier one 2 and 3 ILR spouse visa, if someone can just tell me the best route for me and my partner to stay together and plan for our future together.

violet26
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Re: App for ILR in UK for illegal immigrant to get married

Post by violet26 » Thu Oct 23, 2014 4:30 pm

Can any of the moderators help please??

violet26
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Re: App for ILR in UK for illegal immigrant to get married

Post by violet26 » Sat Nov 01, 2014 2:35 pm

There must be someone out there that can give advice!!

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Re: App for ILR in UK for illegal immigrant to get married

Post by Wanderer » Sat Nov 01, 2014 2:46 pm

Im not a mod. but given the circs and no kids involved unless there is war/volcano erupting etc in his home country I can't see any other way other than the life-disrupting SS route. Google 'Surinder Singh' for info on that.

What is his home country as a matter of interest, and is the only reason against returning just not wanting to?
An chéad stad eile Stáisiún Uí Chonghaile....

violet26
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Re: App for ILR in UK for illegal immigrant to get married

Post by violet26 » Sat Nov 01, 2014 2:50 pm

what is SS route?? my partner is from Algeria, he has been here 14 years, and we have been together for 2 years we have a life here, he has nothing in his home country, we want to get married and just be together.

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Re: App for ILR in UK for illegal immigrant to get married

Post by UKBA HUNTER » Sat Nov 01, 2014 2:53 pm

Very shocked to listen that you lost money on solicitors advise with no eea help but luckily you reach right place (forum). I think better than wasting time and money if you really love and help this man then go to his country and from their the process will be more cheap and quick because inside the UK only eea national can marry illegal immigrant not British. Otherwise go to any European country with your friend and start doing employment/self employment there then return back on surinder Singh route but this route will also need huge struggle. Don't waste money on solicitors, one my familiar person went to solicitors office where he met a staff to who he seen in kebab shop then both surprised to see each other. This forum is far more better but unfortunately the rules cannot be changed only can be best interpreted. Best of luck.
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vinny
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Re: App for ILR in UK for illegal immigrant to get married

Post by vinny » Sat Nov 01, 2014 2:57 pm

Legacy cases may be complicated.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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violet26
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Re: App for ILR in UK for illegal immigrant to get married

Post by violet26 » Sat Nov 01, 2014 2:57 pm

I couldnt go to his country for a couple of reasons, one being i have family here that i couldnt leave for long period of time and 2 the is a warning of travel to Algeria due to a french national being captured and killed recently by ISIS or similar group, i would go if it was for a short time and new that we could both come back, but i have a business to run here also.

violet26
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Re: App for ILR in UK for illegal immigrant to get married

Post by violet26 » Mon Nov 17, 2014 1:42 pm

Well i thought i might have got a bit of useful advice from this forum but it seems not so we are booked to go to see the Immigration advice service, for the consultation we will pay £150 they will give us a number of options to go with advising the best one in their advice and they we can procede, thanks to those who did reply and good luck to the rest of you who are persuing immigration problems, i myself are British and my partner Algerian, he has always worked albiet illegally but i would rather have that than he was here and claiming benefits, he is a good and intelligent man and very proud and respectful, i know we will sort out our situation someday even if we have to wait for him being here 20 years, i dont mind the wait cos we will always be together, but i would really like to get engaged next year and married the following, with both our families together to celebrate. I think its sad that the bad make the system more difficult for the good, there is immigrants here who disrespect everything, comit crimes, claims all the benefits and even terrorise us, but i would like to say the the majority of migrants are here to work and hopefully live a happy life with who ever they fall in love with xxxx

physicskate
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Re: App for ILR in UK for illegal immigrant to get married

Post by physicskate » Mon Nov 17, 2014 8:56 pm

You might have a bigger problem:

He has worked here illegally. That can lead to an automatic 10 year ban for out of country applications... I could see an ILR application based on 20 years failing for this reason at some point in the future.

It really might only be possible if you move to another EU country and move your centre of life there and then move back to the UK as an 'EU' migrant. Any application via the British rules will probably lead to a ban on your boyfriend/ fiancé. But go ahead, pay some lawyer that you don't know or trust, who might just swindle you, who will tell you exactly what you WANT to hear, not what will regularise your partner's status...

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