Post
by CULLINAN » Tue Nov 24, 2020 9:39 pm
Also, I would like to add something:
If the illegal migrant thinks that he/she can get a visa to stay in UK after the marriage, it is a misconception.
Firstly, the illegal migrant (depending if he/she is an overstayer or absconding/not even in HO records) would need his home country’s passport for the registrar office. If absconding would be more difficult. Registrar office will write to HO to get their consent before anything can proceed anyways.
Lets say, somehow the marriage happens after the above stated obstacles, then the couple would have to prove to HO that there are insurmountable obstacles that the couple can not go back and live in the home country of the ILR holder or if there are any kids involved they would have to meet one of the exceptions stated in the guidance. HO has very clear guidance to which classifies as insurmountable obstacles.
So as @secret.simon said, the marriage itself is not forbidden, but is a difficult task in this case but not entirely impossible though.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.