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Marraige to ilr holder refused by council ??

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KayAla
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Marraige to ilr holder refused by council ??

Post by KayAla » Fri Jun 18, 2021 9:27 pm

Hello All
I would appreciate some information from anyone who has been in a similar suituation.
I have been in the UK since 2005 as an overstayer.Was born here post 1983 law changes and never realised it was an issue till 2013 thereabouts.i have since then been trying to regularise my status and currently have a pending appeal with the HO. We have been waiting to go to court since march 2020. My solicitor has been on this and it seems the court has misplaced my paperwork so they are trying to sort this out.
In all this time I met my partner who has ILR and we are getting married.according to my solicitor there should not be an issue seeing as I have a pending case and we can go ahead and apply to the council as normal.I should mention here that I live in scotland but we were getting civil wed in greenwich borough.According to england laws i have to give notice in england in greenwich borough.

This is where the questions have come in.So greenwich say they are unable to take a notice from em because i do not have a valid passport.I explained to them all my immigrations documents are currently with the home office in an active case.I believed it was their job to contact the HO and verify my status but greenwich say they cannot take a notice from simply because i do not have a valid passport that shows my nationality??The whole thing sounds wrong to me because I don't see the relationship a valid passport will have with the fact that i still don't even have a status on the passport??
I have offered ID as my DL and have my UK B/C but they are not happy to accept either .I thought their job is to ensure we aren't getting married in Sham marriage ??I have asked them to contact the HO to which they said they don't do that .

Has anyone had this experience before ? Is this right ? My solicitor just thinks Engald is being hard and asks me to contact the local MP?

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CR001
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Re: Marraige to ilr holder refused by council ??

Post by CR001 » Sat Jun 19, 2021 7:07 am

It is not the councils responsibility or job to contact ho to get your documents.

It is your responsibility to provide the passport as required as proof of identity and nationality.

It is also not the council that determines if it is a shame marriage. It is hone office that does this.

All ho approved councils have to inform ho when you give notice to amtey. Ho then investigate or interview you and your partner before granted or refusing permission to marry. The 28 days notice to marry could be extended to 70 days by ho.
Char (CR001 not Casa)
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KayAla
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Re: Marraige to ilr holder refused by council ??

Post by KayAla » Sat Jun 19, 2021 10:51 am

CR001 wrote:
Sat Jun 19, 2021 7:07 am
It is not the councils responsibility or job to contact ho to get your documents.

It is your responsibility to provide the passport as required as proof of identity and nationality.

It is also not the council that determines if it is a shame marriage. It is hone office that does this.

All ho approved councils have to inform ho when you give notice to amtey. Ho then investigate or interview you and your partner before granted or refusing permission to marry. The 28 days notice to marry could be extended to 70 days by ho.
Thanks for your reply
So essenatially i cannot get married till i get valids documents ? untill my HO case is concluded ??

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Re: Marraige to ilr holder refused by council ??

Post by CR001 » Sat Jun 19, 2021 11:58 am

There is a process to ask ho for your passport or a certified copy, provided it is still valid. You have to give notice in person with your partner too.

It does not guarantee you will be given permission to marry though and you could still be liable to be detained.
Char (CR001 not Casa)
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KayAla
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Re: Marraige to ilr holder refused by council ??

Post by KayAla » Sat Jun 19, 2021 7:38 pm

Right
So my lawyer should have written to the HO toobtain permission for me to get married ?
And i should have also gotten my passport renwed?
Why would i be liable to be detained when i have an active appeal that hasnt been decided ?

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Re: Marraige to ilr holder refused by council ??

Post by CR001 » Sat Jun 19, 2021 7:42 pm

You need ho to provide you with your passport or passport copy. Not to give permission to marry,ehich is part of the process of giving notice at the council.

You could still be detained as you are in the UK with no legal status and have been an overstayed for a long time. Having an appeal pending doesn't regularise your stay.
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.

KayAla
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Re: Marraige to ilr holder refused by council ??

Post by KayAla » Sat Jun 19, 2021 8:22 pm

OK
tHANK you so muchj for your replies
i should have applied to have my passport renwed by my home country
I havent had avalid passport since 2005.

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