My parter is overstayer, myself indefinite to leave any chance to get the visa?

Dear All

Currently we are in a very embarrassing situation.

My partner came to UK with a student visa however something happened with his family , his family is under threat by the government. He can neither go to school nor go back to home country. Consequently,he made an application for asylum seeker five years ago but got rejected by HO. He has been in the UK for nearly 12 years. My current visa status is indefinite leave to remain with a job paid more than 18600 a year. We have been living together in my accommodation for more than 4 years with bills evidence.

We are considering if he can make a fresh application on the grounds that we are staying together as my partner in the UK? if so, the success rates are low or high?

I would be grateful if anyone can give your advice or share similar experience with us? many thanks!

i appreciate if anyone can give us the advice, much appreciated

If you think that an illegal immigrant can get married to someone settled in UK to become legal, it is not that straightforward but not entirely impossible.

Firstly, depending on the illegal immigrant’s circumstances (overstaying but known to HO or absconding) will have to provide his home country’s passport to the registrar office. If he does not have the passport in possession or can obtain an attested copy from HO, the registrar will not accept it.

The registrar office will write to HO then to get permission if the marriage can go ahead.

IF HO allows the marriage to go ahead, you will need to apply for family visa but prove that there are “insurmountable” obstacles that you both can not go to illegal immigrant’s home country and start your life there.
The definition is pretty strict as per HO guidance.

https://assets.publishing.service.gov.u ... .0-ext.pdf

@CULLINAN many thanks for your useful advice.

Currently we are planning to notify register office to get married. We found an useful information on council register office website saying "Foreign or EEA nationals who don’t have a valid passport need to bring evidence of their name, age and nationality.We will accept your immigration status document issued by the Home Office if it states your nationality. We do not accept other letters from the Home Office that state your place of birth."

My partner did receive a notification of variation of immigration bail letter last week with his name, photo, nationality on it. It require him to sign in HO in earlier June. Therefore we decided to make a fresh claim with additional grounds of living together more than 4 years and married. We are told that he would be safe to sign in HO as long as the new case has not been decided by HO officer. I think it may be the only way that we can do now...

My question is that whether it is okay for my partner to bring a notification of variation of immigration bail letter as proof of ID instead of passport to give notice? if so, what is success rate for getting permission from HO. any possibility to get rejected? Thank you in advance!

Without a child, or evidence of insurmountable obstacles to you accompanying him to his home country, it will be hard for him to succeed.