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immigration status once married

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Marriage | Unmarried Partners | Fiancé/e | Ancestry

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sammyisaac
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Joined: Wed May 19, 2004 9:48 am

immigration status once married

Post by sammyisaac » Wed May 19, 2004 10:10 am

my fiance came into the uk on a visitors visa, he has since overstayed. i have been with him for nearly 4 years and we have a 2 year old baby. i am currently working while he stays at home looking after our son. i am a british citizen and i was wondering wether if we got married, would he be able to apply to stay in the uk legally. would appreciate all the advice you can give.

Chess
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Joined: Fri Nov 07, 2003 1:01 am

Post by Chess » Wed May 19, 2004 10:52 am

Sammy,

Very tricky situation.

How long has your Fiancee been living in the UK - presumably 4 years

The best option is to get married first. After this there will be two options,


1). Your husband 'sneaks' out of the country and then applies for Spouse entry visa at his home countries BHC, DP or consulate. This assumes that he was not served by any deportation orders

2). Do an in-coubtry 'fight' to legalise the stay - be prepared for a lengthy fight...but having a child and a home will be a big plus on your side......you will have to involve a solicitor and your MP


Before you make any decision - Please consult a Solicitor/legal advisor as your case will have to be handled outside the rules...


Best of Luck - and dont forget to send us some cakes :)
Where there is a will there is a way.

Cosmopol
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Joined: Fri Sep 12, 2003 1:01 am
Location: London

Post by Cosmopol » Wed May 19, 2004 10:25 pm

Sammy - this will be moved to the family section once you've seen this post.

sammyisaac
Newly Registered
Posts: 14
Joined: Wed May 19, 2004 9:48 am

Post by sammyisaac » Thu May 20, 2004 7:35 am

with his passport showing that he has overstayed will it not be problem with the registra when wanting to get married,he has also stopped working to look after our son.

Chess
Diamond Member
Posts: 1855
Joined: Fri Nov 07, 2003 1:01 am

Post by Chess » Thu May 20, 2004 7:51 am

Hasnt he got any other form of photographic ID other than the passport?


Are you implying that people without passports can never get married at registrars offices :oops:


You dont have to show the passport - you could use other forms of identification (like birth certificates - these are accepted as well, although I would not recommend this particular one - as it may raise issues with the registrar)...

...I am pretty sure you can avoid showing his passport....for goodness sake, one way or the other you will have to bite the bullet - and get things moving forward
Where there is a will there is a way.

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