Notice to marry - home office

Hi all,

I having been reading topics on this forum for a while. I am British from birth and my fiancée is Brazilian. We have been together for over 6 months from now and it is a genuine relationship.
Her situation and a past refused application lead me to pay for an immigration solicitor, who has been advising us of the options and doing the paperwork for us etc...

We would like to give notice to marry, but I imagine it will be referred to the home office for investigation - I have been advised this is the route most registrars will take now days.

Her previous visa was refused, she has appealed to try and legalise her status. So technically she's an overstayer.

What are people's experience of this process and getting approval for marrying? E.g. Evidence to proove relationship and living together, what to expect if an interview is requested from HO etc...

We have proof going back almost 6 months of a strong relationship together and are continuously building this. By the time we submit the notice it will be near 9 months.

I look forward hearing anyones experiences in marriage approval. My solicitor has said she has cases with people no immigration status get approval, but relies on a good interview.

Kind Regards

Unless there are insurmountable obstacles as to why she can't return to Brazil and apply from there, you're in for a world of pain. Based on what you've posted there's no way of regularising her leave in country.

Best to get it over with and do it the way everyone else does without having to look over your shoulder all the time....

A bit of inconvenience for a lifetimes peace of mind is a small price to pay......

If she had applied for further leave in-time (before expiry of leave) and has a pending appeal, then she is not an overstayer.

Thank you for your reply.

The only thing I can think of is that She fears return due to quite a serious crime that was committed to her and the offenders are now out of jail, or to be soon. So if she returned to her home town it would not be safe. And a few death threats. There is criminal records of this in Brazil.

She left for good reason. But of course stating these reasons could cloud judgement that it's a genuine relationship?

If she had to leave the UK we both decided we would go together, to some where else and try other options. I am fortunate I financially can do this, but This would be a drastic move for me, as I run a business with 15 people - again I don't know if this can be used to strengthen stay with uk.

Many thanks

If you are willing to re-locate 'the centre of your life' together to another EU state, consider the option of the Surinder Singh route. This would enable you to return to the UK in the future and settle here.
https://www.gov.uk/family-permit/surinder-singh

Thank you. This is a route I have looked at. Obviously it's not preferential as it means relocating completely , but I feel is doable if we have to.

The notice of marriage seems strongly connected to future visa applications judging by response (somewhat expected).

Is there any harm in trying the current route in the UK and if it fails, try other options? The second option advised is go back to Brazil, but an entirely different area, marry, apply from abroad to stay in uk as my wife.

Finally failing that the surinder Singh route.

That's provided I haven't had enough and pissed off out this country!

Hi I am in the same situation any updates on your case?

Same here, please reply if you can answer the questions above

This thread is almost 2 years old Member funm21 only posted 3 times and hasn't visited the forum since Oct 06, 2015.