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Student married to a Refugee?

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Chess
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Student married to a Refugee?

Post by Chess » Tue Dec 21, 2004 8:36 am

Guyz,

What are the implications of a student legally in the UK marrying a person granted refugee status in the UK (i.e ILR as an accepted assylum seeker).


Can the spouse (in this case the student) marry the refugee and then apply for ILR...

..I think this is possible, but I would like some further clarifications...and links/guidance


many thanx
Where there is a will there is a way.

John
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Location: Birmingham, England

Post by John » Tue Dec 21, 2004 3:10 pm

Checkmate, I am currently 6000 miles from the UK, in the middle of Thailand, and the internet connection here is, well, slow! So can't check this out fully. But I suspect the following.

No, an ILR cannot be obtained, but a two-year spouse visa can, given that the person will be married to someone settled in the UK. Then after holding that spouse visa for two years they can apply for ILR. And if their (refugee) spouse is a British Citizen by then, it might be the case that they can also apply to be British as soon as the ILR is held, assuming they will have then been in the UK for at least three years.

Last point .... if they have not already done so they should give Notice of Intention to Marry at a Register Office ASAP, before the new rules kick in on 01.02.2005.

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

Post by Chess » Tue Dec 21, 2004 3:23 pm

Thanx John,

I actually meant getting spousal status being married to a refigee..

Does that mean you can give intention to marry before 1/02/05 and then say marry sometime in May 2005???


...I hope you are enjoying Thailand!


A notice of marriage is valid for 12 months - so couples wanting to avoid this draconian rule - better get your wedding dresses out!
Where there is a will there is a way.

Kayalami
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Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Tue Dec 21, 2004 6:24 pm

Checkmate wrote:Does that mean you can give intention to marry before 1/02/05 and then say marry sometime in May 2005???
Sure given the 12 month notice validity period - in regards to your other query the couple would have to go through the formal spousal route i.e. FLR then after 2 years ILR based on a subsisting relationship. The dependent spouse would likewise have the standard clause prohibiting access to a list of social security benefits designated as public funds.

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

Post by Chess » Tue Jan 04, 2005 6:46 pm

Guyz,

A friend of mine went to the registrars today to give notice. The couple both had their valid passports, however, the registrar requested that they also bring their birth certificates..

..is this right/allowed? for the registrar to request for a birth certificate
Where there is a will there is a way.

John
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Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Tue Jan 04, 2005 7:29 pm

Checkmate, I think the law allows a Registrar to be satisfied with the particulars about the applicants and therefore they are entitled to ask for certain information in support of that entered on, or to be entered on, an application form to give Notice of Intended Marriage.

So in terms of your question, "is this right/allowed?", I think the answer is "allowed".

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