ILR documents -Embassy still have our original marriage cert

Hi

My husband who is an albanian national is currently over on a two year spouse visa which was issued after we won an appeal, this expires in october so we need to apply for ILR, after reading this forum and the home office website im still a little confused and hope someone can help!

On the application form it says that we will need to submit our original marriage certificate however the embassy in Tirana still have this as they would not return it after the original application, my husband asked them for the docs back when he went to collect his visa however they would not return any of the original documents submitted apart from my birth certificate will this affect our application as i have not been able to change my name on the bank accounts, driving licence, doctors etc as we only have photocopies of our marriage certificate, i am known by my married name at work and on things where an original certificate is not required should i submit evidence of this with the application?
Im not sure if i should try and contact the embassy and see if they will give it back now we are applying for ILR any thoughts would be very much appreciated.

Also does anyone knows the current turn around times for postal applications as i have read some information but these seem a bit dated? We arent sure if we should post or make an appointment to hand the application in personally.

There's no reason for them to keep your original marriage certificate. If you cannot get official replacements, then perhaps you should make a complaint? Cc to the Amabassador.

If your husband has current leave as an unmarried partner, but is now married, then your marriage certificate is required. Else, it may not be necessary (10B).

Thanks for your speedy reply Vinny

I thought this was not right at the time i probably should have tried to get it back when the visa was issued but it was such a long horrible ordeal getting him back into the country i just didnt want to have to deal with the people at the embassy anymore as they were very rude and unhelpful.

I shall contact the embassy and see what they say, although he has not had any unmarried leave so fingers crossed we will be ok.

just one more question, due to my husband being here illegally for some time before we married and got him legalised the initial application was refused but the appeal was allowed, will this have any bearing on the application for ILR, and if the ILR is refused will it be the same appeal process again? I'm worrying myself silly over this after such a struggle last time 2 years go so quick!!

As he won his appeal, I don't think that his illegal past will be an issue, unless he has an unspent conviction.

Regarding marriage certificate requirement, see also here.