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Italian and illegal Indian getting married during Brexit

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Tita
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Italy

Italian and illegal Indian getting married during Brexit

Post by Tita » Tue Apr 16, 2019 6:11 pm

Hello there,
I'm living in a very exciting but yet confusing moment as my (overstayed and illegal!) boyfriend proposed and we would like to get married in October.

We have been seriously together 1 year, living together 6 monthes. He works hard but with no papers or insurance. Our relationship is genuine and based on real values and respect. We love eachother so much and we are the best company and brothers and friends for eachother, not just lovers.

We do have bills as proof of address but not joint tenancy, because the contract is just under my name for obvious reasons.

We were starting to organizing and dreaming a little bit about "the big date", even our families started to send some amounts to start the process to book venue for the wedding, but now we don't know what is best and the more I read articles the more I'm getting scared.

Should we give notice of marriage normally and pass through the investigation process and prove that we are genuine or to marry in India and come back here?

I do earn way more than the minimum of
18600 per year.

Is 6 monthes enough for both ways?
Or we have to consider to posticipate the marriage to the end of the year?
Can the HO interfere the ceremony even if they gave Ok to the marriage?
That would be humiliating for us infront of our guests.
My bf is very calm and has faith to the fact that we are a real couple and we have nothing to hide or to be scared of, while me I'm starting to freak out with plan A, plan B, plan C.

Hope to get some advice

Thanks very much

secret.simon
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Re: Italian and illegal Indian getting married during Brexit

Post by secret.simon » Tue Apr 16, 2019 6:22 pm

If you are a non-British Italian citizen, then the minimum earnings requirement does not apply to you.

Probably better to marry in India and return as a couple. If you are legally married, your spouse will have a legal right to return to the UK with you.

Be aware that his illegal residence in the UK will impact any future naturalisation applications that he makes. Under current UK law, he will have to wait for at leats 10 years after becoming legally resident before applying for British citizenship.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Tita
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Posts: 3
Joined: Tue Apr 16, 2019 5:49 pm
Italy

Re: Italian and illegal Indian getting married during Brexit

Post by Tita » Tue Apr 16, 2019 6:38 pm

secret.simon wrote:
Tue Apr 16, 2019 6:22 pm
If you are a non-British Italian citizen, then the minimum earnings requirement does not apply to you.

Probably better to marry in India and return as a couple. If you are legally married, your spouse will have a legal right to return to the UK with you.

Be aware that his illegal residence in the UK will impact any future naturalisation applications that he makes. Under current UK law, he will have to wait for at leats 10 years after becoming legally resident before applying for British citizenship.
At the moment our purpose is to get married in the safest way, with no dramas.
Then we will think how to have residence and the citizenship. Also we could consider to live somewhere else in Europe, if Brexit would be an economic disaster and there would be inflation there would be no point to live here.

If we give notice and try to get marry here or we marry in India and then come back would 7 months of period be enough to arrange everything?

askmeplz82
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Re: Italian and illegal Indian getting married during Brexit

Post by askmeplz82 » Wed Apr 17, 2019 7:56 am

1) He must leave the U.K and marry in India and then you can sponsor him as a family member of an EU national even after Brexit

2) wait for 2 years . It’s very risky to give notice to home office even in December for marriage it’s too early . He might get arrested for breaching immigration law . I would suggest after living together 2 years 5 months he can submit application to home office as a durable relationship with an EU national then register your marriage

You can get married in the U.K. in December but don’t register it officially with the government. Just private ceremony with friends and family
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CR001
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Re: Italian and illegal Indian getting married during Brexit

Post by CR001 » Wed Apr 17, 2019 7:59 am

askmeplz82 wrote:
Wed Apr 17, 2019 7:56 am
You can get married in the U.K. in December but don’t register it officially with the government. Just private ceremony with friends and family
What type of wedding would this be then??

It is mandatory for couples to give notice at an HO approved registry office before they can marry. The registry office then inform HO and the 28 day notice period can be extended to 70 days for ho to investigate.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

kamoe
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Re: Italian and illegal Indian getting married during Brexit

Post by kamoe » Wed Apr 17, 2019 11:22 am

CR001 wrote:
Wed Apr 17, 2019 7:59 am
askmeplz82 wrote:
Wed Apr 17, 2019 7:56 am
You can get married in the U.K. in December but don’t register it officially with the government. Just private ceremony with friends and family
What type of wedding would this be then??
I believe, an islamic wedding, which I suppose the author of this post is unaware is not legally recognized in the UK, and therefore useless for the purpose of the OP.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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CR001
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Re: Italian and illegal Indian getting married during Brexit

Post by CR001 » Wed Apr 17, 2019 11:29 am

kamoe wrote:
Wed Apr 17, 2019 11:22 am
CR001 wrote:
Wed Apr 17, 2019 7:59 am
askmeplz82 wrote:
Wed Apr 17, 2019 7:56 am
You can get married in the U.K. in December but don’t register it officially with the government. Just private ceremony with friends and family
What type of wedding would this be then??
I believe, an islamic wedding, which I suppose the author of this post is unaware is not legally recognized in the UK, and therefore useless for the purpose of the OP.
I know what the user meant, but if a person is going to post such a vague 'route to get married without informing the government', they need to be very precise in their information to avoid misleading members looking for a 'quick fix'.

And yes, many are not actually aware that an islamic wedding performed in the UK is not recognised and they still won't be considered 'married' by HO.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

kamoe
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Posts: 2947
Joined: Mon Sep 07, 2015 11:57 am
European Union

Re: Italian and illegal Indian getting married during Brexit

Post by kamoe » Wed Apr 17, 2019 11:32 am

Tita wrote:
Tue Apr 16, 2019 6:38 pm
At the moment our purpose is to get married in the safest way, with no dramas.
In order to marry in the UK, you have to give 28 days notice at an HO approved Registry. The Registry will then inform the HO and the HO decides if the notice period will be extended to 70 days to investigate and/or interview each person individually (I believe your fiancé being an over stayer and your relationship being relatively new will very likely be a cause for investigation.) Then you can only proceed with marrying once HO has confirmed they can go ahead.

Also, read this.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

kamoe
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Posts: 2947
Joined: Mon Sep 07, 2015 11:57 am
European Union

Re: Italian and illegal Indian getting married during Brexit

Post by kamoe » Wed Apr 17, 2019 11:34 am

CR001 wrote:
Wed Apr 17, 2019 11:29 am
kamoe wrote:
Wed Apr 17, 2019 11:22 am
CR001 wrote:
Wed Apr 17, 2019 7:59 am
askmeplz82 wrote:
Wed Apr 17, 2019 7:56 am
You can get married in the U.K. in December but don’t register it officially with the government. Just private ceremony with friends and family
What type of wedding would this be then??
I believe, an islamic wedding, which I suppose the author of this post is unaware is not legally recognized in the UK, and therefore useless for the purpose of the OP.
I know what the user meant
I know :)
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

Tita
Newly Registered
Posts: 3
Joined: Tue Apr 16, 2019 5:49 pm
Italy

Re: Italian and illegal Indian getting married during Brexit

Post by Tita » Wed Apr 17, 2019 2:52 pm

kamoe wrote:
Wed Apr 17, 2019 11:22 am
CR001 wrote:
Wed Apr 17, 2019 7:59 am
askmeplz82 wrote:
Wed Apr 17, 2019 7:56 am
You can get married in the U.K. in December but don’t register it officially with the government. Just private ceremony with friends and family
What type of wedding would this be then??
I believe, an islamic wedding, which I suppose the author of this post is unaware is not legally recognized in the UK, and therefore useless for the purpose of the OP.
You believe wrong, none of us is Muslim.
Also my question is not "what is the procedure to get married", I know the procedure.
The question is "which is the safest way".

Thanks

kamoe
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Posts: 2947
Joined: Mon Sep 07, 2015 11:57 am
European Union

Re: Italian and illegal Indian getting married during Brexit

Post by kamoe » Wed Apr 17, 2019 3:16 pm

Tita wrote:
Wed Apr 17, 2019 2:52 pm
kamoe wrote:
Wed Apr 17, 2019 11:22 am
CR001 wrote:
Wed Apr 17, 2019 7:59 am
askmeplz82 wrote:
Wed Apr 17, 2019 7:56 am
You can get married in the U.K. in December but don’t register it officially with the government. Just private ceremony with friends and family
What type of wedding would this be then??
I believe, an islamic wedding, which I suppose the author of this post is unaware is not legally recognized in the UK, and therefore useless for the purpose of the OP.
You believe wrong, none of us is Muslim.
Also my question is not "what is the procedure to get married", I know the procedure.
The question is "which is the safest way".

Thanks
I am not saying you are muslim. I am saying I believe that askmeplz82 believes you are muslim. I am also saying their advice is missinformed and not helpful.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

kamoe
Moderator
Posts: 2947
Joined: Mon Sep 07, 2015 11:57 am
European Union

Re: Italian and illegal Indian getting married during Brexit

Post by kamoe » Wed Apr 17, 2019 3:21 pm

Tita wrote:
Wed Apr 17, 2019 2:52 pm
kamoe wrote:
Wed Apr 17, 2019 11:22 am
CR001 wrote:
Wed Apr 17, 2019 7:59 am
askmeplz82 wrote:
Wed Apr 17, 2019 7:56 am
You can get married in the U.K. in December but don’t register it officially with the government. Just private ceremony with friends and family
What type of wedding would this be then??
I believe, an islamic wedding, which I suppose the author of this post is unaware is not legally recognized in the UK, and therefore useless for the purpose of the OP.
Also my question is not "what is the procedure to get married", I know the procedure.
The question is "which is the safest way".

Thanks
If what you understand from my comment that I am only explaining what the procedure is, then you need to read closer.

The bottom line of my comment is that getting married in the UK is extremely risky in your case, given he's an over stayer and your relationship is extremely new. The registrar will involve the Home Office and in your case it is extremely likely they will investigate.

Did you even read the article I linked to above?
Couples and lawyers described wedding ceremonies being interrupted so that the Home Office could question people about their sex lives, an official finding a nude picture on a person’s phone and showing it to others in the room, and dawn raids carried out to check if couples were sharing a bed.

In one case, a couple were told their relationship could not be genuine because they were wearing pyjamas in bed. In others, people have been detained for months after being wrongly accused of entering into a sham marriage.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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