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Can an overstayer with a british child marry her partner

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

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Casa
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Re: Can an overstayer with a british child marry her partner

Post by Casa » Sun May 14, 2017 5:02 pm

donwilliams wrote:thanks casa. my partner has done the divorce at decree absolute. her ex husband has the original and she gave her coloured copy. can we use the coloured copy or we need to get the original. thanks.
In which case, why did you post the following a few minutes ago :?:

"mother has been in a previous marriage and has not divorced yet"
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

donwilliams
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Ghana

Re: Can an overstayer with a british child marry her partner

Post by donwilliams » Sun May 14, 2017 5:05 pm

updated documents

CHILD 11 months old

* Dedication certificate
* Birth certificate
* Benefit letters ( child benefit letter, working tax and child tax credit letters)
* GP registration letter
* British passport

MOTHER

* Permanent residence card
* Letter of consent
* mother has been in a previous marriage and has divorced to decree absolute
* belgium passport
* proof of living together with partner for 13 months.

FATHER (13 months living together with partner)

* Birth certificate
* Current passport
* Affidavit of loss of previous passport
* Photocopies of previous(lost) passport
* GP registration letter
* Proof of address from TalkTalk
* Pictures of our family together
* DNA test of father, mother and son
* Letter from GP confirming we both live together at the same address, that I bring my son to
appointments and I am the one to contact in case of emergency
* Letter from mid-wife that we both live together at the same address.
* Introductory letter from myself

donwilliams
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Ghana

Re: Can an overstayer with a british child marry her partner

Post by donwilliams » Sun May 14, 2017 5:07 pm

sorry casa. i did copy and paste from the old post without going through well. am very sorry. please forgive me.

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Casa
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Re: Can an overstayer with a british child marry her partner

Post by Casa » Sun May 14, 2017 5:23 pm

No problem, I simply wanted to be sure.

I believe you will either have to submit the original divorce decree or a legally certified copy.
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

donwilliams
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Ghana

Re: Can an overstayer with a british child marry her partner

Post by donwilliams » Sun May 14, 2017 5:28 pm

thanks casa for the reply.
will you advice me to marry here in the uk or marry by proxy overseas. and do you think i will qualify for eea fm with the documents listed above after the marriage...please advice me on any additions or subtractions. thanks.

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Re: Can an overstayer with a british child marry her partner

Post by Casa » Sun May 14, 2017 5:37 pm

Proxy marriages come under a great deal of scrutiny. Are you suggesting that you leave the UK and take part in a proxy marriage in your home country?
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

donwilliams
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Ghana

Re: Can an overstayer with a british child marry her partner

Post by donwilliams » Sun May 14, 2017 5:53 pm

no i will not leave the country. in my country members of my family and that of my partner can represent us and do the proxy marriage on our behalf.

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Casa
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Re: Can an overstayer with a british child marry her partner

Post by Casa » Sun May 14, 2017 6:01 pm

Not a good idea in my honest opinion. It would be wise to read the following article on an interview with John Vine, Chief Inspector of Borders and Immigration. Note in particular his comment: "The refusal rate for proxy marriages is now running at twice the rate for marriages of convenience."

https://www.theguardian.com/uk-news/201 ... age-misuse
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

donwilliams
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Re: Can an overstayer with a british child marry her partner

Post by donwilliams » Sun May 14, 2017 6:17 pm

thanks Casa. that thread is helpful. well can i make a certified copy of the divorce certificate in uk here? if so can you recommend type of places i can do that please. the divorce was done overseas and they gave him only one original without adding a certified copy.

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Casa
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Re: Can an overstayer with a british child marry her partner

Post by Casa » Sun May 14, 2017 6:22 pm

A copy can only be legally certified by having sight of the original.
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

donwilliams
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Ghana

Re: Can an overstayer with a british child marry her partner

Post by donwilliams » Sun May 14, 2017 6:25 pm

yes my partner can get the original from her ex husband. where can i certify it please.. can any solicitor certify a copy for me please.

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Re: Can an overstayer with a british child marry her partner

Post by Casa » Sun May 14, 2017 6:41 pm

donwilliams wrote:yes my partner can get the original from her ex husband. where can i certify it please.. can any solicitor certify a copy for me please.
Yes, they should be able to.
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Re: Can an overstayer with a british child marry her partner

Post by CR001 » Sun May 14, 2017 6:50 pm

Or apply to the court for her copy of the decree absolute, as she was suppose to do 6 weeks after the decree was issued to the person who filed the divorce.
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Re: Can an overstayer with a british child marry her partner

Post by Casa » Sun May 14, 2017 6:53 pm

In which country was the divorce granted?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

donwilliams
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Ghana

Re: Can an overstayer with a british child marry her partner

Post by donwilliams » Sun May 14, 2017 6:56 pm

the divorce was done overseas and things dont work like that overthere. its very difficult to get a copy for ourself. her ex husband should have requested it which he didnt do it. for us to get an original copy we have to do another one with the same details.. things are very different in africa.

donwilliams
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Re: Can an overstayer with a british child marry her partner

Post by donwilliams » Sun May 14, 2017 6:59 pm

divorce was done in Ghana likewise their marriage as well

donwilliams
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Re: Can an overstayer with a british child marry her partner

Post by donwilliams » Sun Jun 25, 2017 9:39 pm

Can admins look into my account for me please as I am no more able to send or read private messages. Anytime I try to do so it tells me you are no more authorised to do so which I was able to do before. Many thanks.

donwilliams
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Re: Can an overstayer with a british child marry her partner

Post by donwilliams » Mon Jun 26, 2017 1:53 pm

Any help please admins about why I can't read or send private messages anymore.
Thanks.

donwilliams
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Re: Can an overstayer with a british child marry her partner

Post by donwilliams » Wed Jun 28, 2017 8:56 pm

Hello everyone here, I spoke to an immigration solicitor about my application and below was his advice.
under uk immigration laws, i dont qualify as a partner because i lack 2 years cohabitation for flr fp.
also since i live with my partner i cant apply as a parent of my british child, but i may be granted outside of the immigration rules.
secondly he was suggesting i should get married here and apply for eea fm..
i told him i was afraid of being detained but he says they cant deport me becos i have a british child and they will allow me to marry.

fellow admins, thank you all for your good advices, from what the lawyer told me, i think you people have given me all these advices here on this platform with the exception of getting married here which he is suggesting.

i am just reading people posts here and see if i can get good advice from someone who is having same case like mine and make the decision. i may end up waiting till i get the two years of cohabitation if i see that getting married here will bring issues. thank you all for your comments. waiting for more advice.

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