Can overstayer get married with British citizens , question for bathanza

Alanran · Post by **Alanran** » Fri May 15, 2020 10:45 pm

Am starting new topic .

Me girlfriend , has arrived UK on tourist visa , after that she apply for asylum .
She have done her second interview October last year and still waiting for the HO decision.
My question is , can we married ( I am British citizen )? And if yes, is that will help her to stay in UK with me ?
We were thinking that if her asylum application been approved then we get married immediately, if not then she can go back to her country and then I will go to her country we get married there , then I come back to uk and apply for her as spouse of British citizen ( which I know it’s long path )
But if we can get married now and that will help her to stay in uk with me then that will be great .
Please note that me and her we don’t live together yet .
Thank you

London22 · Post by **London22** » Sun May 17, 2020 12:54 pm

Alanran wrote: ↑
Fri May 15, 2020 10:45 pm
Am starting new topic .

Me girlfriend , has arrived UK on tourist visa , after that she apply for asylum .
She have done her second interview October last year and still waiting for the HO decision.
My question is , can we married ( I am British citizen )? And if yes, is that will help her to stay in UK with me ?
We were thinking that if her asylum application been approved then we get married immediately, if not then she can go back to her country and then I will go to her country we get married there , then I come back to uk and apply for her as spouse of British citizen ( which I know it’s long path )
But if we can get married now and that will help her to stay in uk with me then that will be great .
Please note that me and her we don’t live together yet .
Thank you

You can marry anytime &anywhere ,there is no issue.If she can't go back home as obvious from that she is claiming asylum then it is likely you don't have to go her country for getting married.You can marry here &get her status more likely discretionary leave or human rights leave if she is refused asylum but she can't go back then.But if she is recognized as a refugee then obviously you have to marry here or somewhere else but not her home country.If she is refused asylum &she goes back home and you marry her there ,there may be a long way to bring her here due to claiming asylum.

Casa · Post by **Casa** » Sun May 17, 2020 1:20 pm

In order to marry in the UK you will have to give notice at a Home Office designated Registry Office. The Registrar is then legally bound to notify the Home Office who can then extend the notification period from 28 to 70 days in order to interview you both (separately), should they choose to do so.

Registry Offices are currently closed due to the COVID-19 lockdown.

Marrying in the UK won't change her immigration status. If she is able to return to her home country to marry there, the HO may well take the view that the asylum application was a false representation of the true facts.

Alanran · Post by **Alanran** » Sun May 17, 2020 6:41 pm

Marrying in the UK won't change her immigration status. If she is able to return to her home country to marry there, the HO may well take the view that the asylum application was a false representation of the true facts.

Thank you ,
In case the HO refuse her asylum application then how we can get married ? The HO will refuse to give her permission to married as in this case she is staying in uk without visa ( assuming the asylum bern refuses ) .

Alanran · Post by **Alanran** » Mon May 18, 2020 9:48 pm

Alanran wrote: ↑
Sun May 17, 2020 6:41 pm
Marrying in the UK won't change her immigration status. If she is able to return to her home country to marry there, the HO may well take the view that the asylum application was a false representation of the true facts.

Thank you ,
In case the HO refuse her asylum application then how we can get married ? The HO will refuse to give her permission to married as in this case she is staying in uk without visa ( assuming the asylum bern refuses ) .

Guys , moderators ..
please any one give me opinion ? I just want to marry her and she stay in uk with me legally..

THO · Post by **THO** » Tue May 19, 2020 8:55 am

I guess the answer depends entirely on how strong her asylum case is? What is she running away from, is her life in danger in her home country or does she just not want to live there?

Is her country one where the UK will consider asylum applications from and not considered safe?

If her claim is refused, I guess she will be sent home and then you will need to marry her there, but as has been pointed out, you will need to prove it is a real relationship, and based on previous attempt to stay in the UK the HO will likely draw the conclusion that she is marrying you to circumvent the rules.

Alanran · Post by **Alanran** » Fri May 22, 2020 11:37 pm

THO wrote: ↑
Tue May 19, 2020 8:55 am
I guess the answer depends entirely on how strong her asylum case is? What is she running away from, is her life in danger in her home country or does she just not want to live there?

Is her country one where the UK will consider asylum applications from and not considered safe?

If her claim is refused, I guess she will be sent home and then you will need to marry her there, but as has been pointed out, you will need to prove it is a real relationship, and based on previous attempt to stay in the UK the HO will likely draw the conclusion that she is marrying you to circumvent the rules.

That’s really sad

.. any option that we get married and she stay with me in UK legally??

THO · Post by **THO** » Tue May 26, 2020 9:59 am

Alan, you did not answer the questions, what is she running away from, and which country would she be sent back to? What is her asylum case based on?

Alanran · Post by **Alanran** » Wed May 27, 2020 9:38 am

She is Egyptian, after her father death , her family was threatened by some elite business men ( her father business partners ) that they will kill her and her family if they continue the father business , as those business men want to take the business only for them self .
My GF and her family went to the police to discover that the police supporting those business men ( due to the government corruption) so those business men ( elite level who are supported from the government and the police as well ) they keep threatening my GF and her family .
Then my GF and her family they discover they can’t stay anymore in Egypt as it’s not safe for them so they took tourist visa to uk and then they applied for asylum when they arrive uk on the bases of above circumstances .
By the way the case is very genuine and the family they just left everything in Egypt ( they are coming from rich business family ) and come to UK just to save their lives .
That’s the story but I don’t know all the details
Any one can help ?

THO · Post by **THO** » Wed May 27, 2020 1:57 pm

Wow, that sounds terrible. Lost most of their possessions, and house etc, they must be so upset. I feel sure they would be granted asylum in that case, although do not take my word for it. I do hope they bought good evidence to prove their plight.

You are from Belgium, wouldn't it be easier to take her to live there?

Alanran · Post by **Alanran** » Wed May 27, 2020 3:35 pm

Am British , but when I creat this account I was in Belgium

, that’s why I put Belgium
But am British citizen

Alanran · Post by **Alanran** » Sun Jun 07, 2020 9:36 am

Hello bathanza & everyone
I went through your post regarding you & your husband story And how you finely win your FLR FM application , and I was impressed

.
But my question is , how you and your husband got married while he was overstayer?

Little background:
My GF, Egyptian citizen who applied for asylum with her family ( sisters and mom ) last year , in case their application been refused then how I can marry her in the UK in this case ? Please note that at the moment we don’t live together .
So if we can get married in the register office then we both happy to wait 2 years and then apply for FLR(FM ) .
bathanza , I appreciate your response and guidance
Thank you

CR001 · Post by **CR001** » Sun Jun 07, 2020 9:45 am

Topics merged!!!

CR001 · Post by **CR001** » Sun Jun 07, 2020 9:47 am

Casa wrote: ↑
Sun May 17, 2020 1:20 pm
In order to marry in the UK you will have to give notice at a Home Office designated Registry Office. The Registrar is then legally bound to notify the Home Office who can then extend the notification period from 28 to 70 days in order to interview you both (separately), should they choose to do so.

Registry Offices are currently closed due to the COVID-19 lockdown.

Marrying in the UK won't change her immigration status. If she is able to return to her home country to marry there, the HO may well take the view that the asylum application was a false representation of the true facts.

Starting a new topic doesn't change the advice you have already been given about the process to marry in the UK.

Alanran · Post by **Alanran** » Sun Jun 07, 2020 10:24 am

CR001 wrote: ↑
Sun Jun 07, 2020 9:47 am

Casa wrote: ↑
Sun May 17, 2020 1:20 pm
In order to marry in the UK you will have to give notice at a Home Office designated Registry Office. The Registrar is then legally bound to notify the Home Office who can then extend the notification period from 28 to 70 days in order to interview you both (separately), should they choose to do so.

Registry Offices are currently closed due to the COVID-19 lockdown.

Marrying in the UK won't change her immigration status. If she is able to return to her home country to marry there, the HO may well take the view that the asylum application was a false representation of the true facts.
Starting a new topic doesn't change the advice you have already been given about the process to marry in the UK.

Thank you guys , am not starting new topic to get different advice . I went trough bathanza topic back on 2018 and I was impressed, all I want is to get some tips and advice from her due to her experience.
All of us here who come to this website seeking tips and advice , and on the same time I don’t want to PM her directly as I want everyone who have similar case or situations to benefit from readying the case and the advice .
Thank you everyone you were helpful as usual but am still looking for bathanza advice ( I am aware it’s not like legal advice , it’s just tips and some note from her story can share with us )
Regards

Zerubbabel · Post by **Zerubbabel** » Sun Jun 07, 2020 4:02 pm

Hello

I married an overstayer. She was in the UK for a while.

When we went to our solicitor, he told us we can get married but there is a risk that the Home Office may intervene and detain her. It was a risk to take. We had his number on short call just in case things get sour and we need an urgent legal representation.

We went to the Registrar and they were actually kind to her. No direct questions such as "are you illegal in the UK?" but the lady asked to see the passport and turned all pages then asked if there is any permit with that, we just answered "no" and the conversation about that topic stopped there. She then started filling the forms for us and confirming our personal details (name, address, name of parents, dob... etc.).

To the day of our wedding we were scarred and planing: "what if?".

We went through the wedding without any issue but we couldn't fully enjoy the day to be honest with you.

However, I am EEA national. Which means once we got married, it took us just a further form to send to get her a 5 year EEA FM residence. As a British, even if you risk it all and opt for a marriage, you may get it. They don't always send a go team when someone is an overstayer. But again, as a British, the certificate of marriage won't allow an easy immigration solution.

The person has to go home with the certificate and apply for a visa provided you meet the revenue threshold and have the accommodation space.

Alanran · Post by **Alanran** » Sun Jun 07, 2020 5:18 pm

Zerubbabel wrote: ↑
Sun Jun 07, 2020 4:02 pm
Hello

I married an overstayer. She was in the UK for a while.

When we went to our solicitor, he told us we can get married but there is a risk that the Home Office may intervene and detain her. It was a risk to take. We had his number on short call just in case things get sour and we need an urgent legal representation.

We went to the Registrar and they were actually kind to her. No direct questions such as "are you illegal in the UK?" but the lady asked to see the passport and turned all pages then asked if there is any permit with that, we just answered "no" and the conversation about that topic stopped there. She then started filling the forms for us and confirming our personal details (name, address, name of parents, dob... etc.).

To the day of our wedding we were scarred and planing: "what if?".

We went through the wedding without any issue but we couldn't fully enjoy the day to be honest with you.

However, I am EEA national. Which means once we got married, it took us just a further form to send to get her a 5 year EEA FM residence. As a British, even if you risk it all and opt for a marriage, you may get it. They don't always send a go team when someone is an overstayer. But again, as a British, the certificate of marriage won't allow an easy immigration solution.

The person has to go home with the certificate and apply for a visa provided you meet the revenue threshold and have the accommodation space.

Thank you my friend , the problem is :
A- if her asylum application been refused she get go home as she will be really in danger
B- assuming she went home , it’s very very hard to convince the HO if she want to come as spouse of British citizen as they will think her asylum application was not fact if true
C- if her asylum application been refused she will not have her passport with her until she leave the country as they will handle the passport to her on the airport !! And now she have only like ID card provided from the home office , will the register office accept this ID card instead off the passport ?
What shall we do !!

London22 · Post by **London22** » Sun Jun 07, 2020 7:55 pm

Getting married is a basic human right &basic part of freedom to live the life .UK rules are weird and contrary to basic human rights when it comes to interfering in people's personal lives.Let the people get married in the end they have to come to you to ask for legalization of their status you already have the rules to refuse them or in very limited circumstances grant them DLR or some other human rights leave which clearly indicates it is immoral to stop people getting married just because they have no status.It is unfair policy and must stop.Also when UK acknowledges a Christian marriage it must also accept other religions marriages for the purpose of immigration.A marriage is a marriage.

Alanran · Post by **Alanran** » Sun Jun 07, 2020 8:11 pm

Correct , honestly when I met this girl I had the feeling it’s my other part , and during our reflationary so far I had the conclusion that I can’t live without her any more .. she is the person who I was looking for all my life .
The problem is I can now ask her to live together and as we are Muslim we can get married islamcily which it’s not recognised by the government , if I ask her to do that she will be happy to go ahead just because she want us to get married and live together, but I don’t want to do that as I want her to live normal life as normal human not in the shadow , what will happened to her if anything bad happened to me in the future ? She don’t have any rights !! That’s why we both ready to fight to legalise her status so she could start to live normal life . I believe the first step is we getting married in the register office and then we both happy to wait couple of years to apply for FLR(FM)
I don’t know as an very confused and I don’t know how to start to do that !!

CR001 · Post by **CR001** » Sun Jun 07, 2020 8:13 pm

believe the first step is we getting married in the register office and then we both happy to wait couple of years to apply for FLR(FM)

Why do believe you have to wait a couple of years to apply for FLR m if you are able to marry???

Alanran · Post by **Alanran** » Sun Jun 07, 2020 8:23 pm

CR001 wrote: ↑
Sun Jun 07, 2020 8:13 pm

believe the first step is we getting married in the register office and then we both happy to wait couple of years to apply for FLR(FM)
Why do believe you have to wait a couple of years to apply for FLR m if you are able to marry???

I don’t know , that what I heard that we need to prove that we live together for 2 years !! I might be wrong , beside as I explain I am not sure if we can get married as her passport with the HO and she have only ID provided from the HO and am not sure if the register office can accept this

CR001 · Post by **CR001** » Sun Jun 07, 2020 8:25 pm

Alanran wrote: ↑
Sun Jun 07, 2020 8:23 pm

CR001 wrote: ↑
Sun Jun 07, 2020 8:13 pm

believe the first step is we getting married in the register office and then we both happy to wait couple of years to apply for FLR(FM)
Why do believe you have to wait a couple of years to apply for FLR m if you are able to marry???
I don’t know , that what I heard that we need to prove that we live together for 2 years !! I might be wrong , beside as I explain I am not sure if we can get married as her passport with the HO and she have only ID provided from the HO and am not sure if the register office can accept this

Nonsense. For a first visa there is no requirement to prove two years of living together. Stop listening to people who don't know the rules.

She can request a copy of her passport.

Alanran · Post by **Alanran** » Sun Jun 07, 2020 8:30 pm

CR001 wrote: ↑
Sun Jun 07, 2020 8:25 pm

Alanran wrote: ↑
Sun Jun 07, 2020 8:23 pm

CR001 wrote: ↑
Sun Jun 07, 2020 8:13 pm

believe the first step is we getting married in the register office and then we both happy to wait couple of years to apply for FLR(FM)
Why do believe you have to wait a couple of years to apply for FLR m if you are able to marry???
I don’t know , that what I heard that we need to prove that we live together for 2 years !! I might be wrong , beside as I explain I am not sure if we can get married as her passport with the HO and she have only ID provided from the HO and am not sure if the register office can accept this
Nonsense. For a first visa there is no requirement to prove two years of living together. Stop listening to people who don't know the rules.

She can request a copy of her passport.

CR001 , thank you , you giving me hope now .
So is the HO can send us copy of her passport and is the register office can accept this copy ?
Assuming everything went perfectly with the register office and we could get married , what’s is the next step then ? Assuming that her asylum application still pending

CR001 · Post by **CR001** » Sun Jun 07, 2020 8:34 pm

Yes it should be fine. Others have done the same.

She then applies for a visa, likely FLR fp partner route.

Zerubbabel · Post by **Zerubbabel** » Sun Jun 07, 2020 8:53 pm

If you do a copy yourself, it's not accepted. But if you request a copy from the Home Office, it will be accepted.

I am happy you are from the same culture/religion because it raises less suspicion/questions than Polish/Pakistani for instance.

I don't place a lot of hopes on her asylum application. It's usually hard to build an asylum cases on business / inheritance issues with other people. Egypt is a large country and it can be argued that if she just move to a different city, she will be reasonably safe.

Do you work? Do you earn more than £18600/year before tax?

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