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Can Leave to remain get married with overstayer

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Mya101
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Can Leave to remain get married with overstayer

Post by Mya101 » Sat May 29, 2021 10:00 pm

Hello guys, Please I want to ask this for a friend with leave to remain and want to get married in registrar with overstayer wife,they got married religion.

My questions is,can he marry his partner in registrar without any home office problem or he should wait till the wife pregnant and born.

Please any advice....thanks

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Casa
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Re: Can Leave to remain get married with overstayer

Post by Casa » Sun May 30, 2021 1:21 pm

In order to marry in the UK, your friend and his partner will have to give notice at a Home Office designated Registry Office.
The Registrar is then legally bound to notify the HO who will then make a decision within 70 days of whether the couple can marry. They may choose to interview them both before the wedding can take place. As your friend is marrying someone who has no legal residence in the UK, there is a risk that she may be detained during the interview.

How long as she resided in the UK without the correct visa? How did she arrive in the UK?
(Casa, not CR001)
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Mya101
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Re: Can Leave to remain get married with overstayer

Post by Mya101 » Sun May 30, 2021 4:38 pm

Thank you Casa..his partner less than 2years with 6months visiting visa,they got married Islamically no kids yet but they want to file in for her..please is there anyway they can do it,because my friend is on low income and the wife can’t work to support him.

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CR001
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Re: Can Leave to remain get married with overstayer

Post by CR001 » Sun May 30, 2021 4:41 pm

What leave to remain exactly does your friend hold??

Their Islamic marriage if conducted within the UK is not recognised.
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Djsuccess
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Re: Can Leave to remain get married with overstayer

Post by Djsuccess » Sun May 30, 2021 4:55 pm

Mya101 wrote:
Sun May 30, 2021 4:38 pm
Thank you Casa..his partner less than 2years with 6months visiting visa,they got married Islamically no kids yet but they want to file in for her..please is there anyway they can do it,because my friend is on low income and the wife can’t work to support him.
You need to give more information on the immigration history of your friend and the partner. Specifically what type of visa is your friend on and how did the partner become an overstayer. What visa was she on and why did she overstay?
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

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Re: Can Leave to remain get married with overstayer

Post by CR001 » Sun May 30, 2021 5:13 pm

Djsuccess wrote:
Sun May 30, 2021 4:55 pm
and how did the partner become an overstayer. What visa was she on and why did she overstay?
Already mostly answered, a visitor visa, less than 2 years overstay.
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Djsuccess
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Re: Can Leave to remain get married with overstayer

Post by Djsuccess » Sun May 30, 2021 5:30 pm

CR001 wrote:
Sun May 30, 2021 5:13 pm
Djsuccess wrote:
Sun May 30, 2021 4:55 pm
and how did the partner become an overstayer. What visa was she on and why did she overstay?
Already mostly answered, a visitor visa, less than 2 years overstay.
Thanks @CR001. I didn't get that when I read it. So she came here on a 6 months visiting visa and stayed back since then for less than 2 years.
The Home Office will surely be interested in this and I don't expect them to take it lightly.
I hope the OP can answer this.
Did she come here on a visiting visa to visit her spouse ( same person now looking to sponsor her) ? or she met the spouse after she had become an overstayer?

It will be nice to know what type of visa the man is on.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

Mya101
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Re: Can Leave to remain get married with overstayer

Post by Mya101 » Sun May 30, 2021 6:30 pm

Thanks for your response guys..the wife came on 6months conference visa and met my friend early last year,yes the islamic marriage happen in uk and my friend is on second renewal 10yrs route because he was with British lady with kids but they have broke up in 2019 and he will be renewing next year.

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Re: Can Leave to remain get married with overstayer

Post by CR001 » Mon May 31, 2021 7:32 am

He cannot sponsor a new spouse for a spouse visa until he has ILR as he appears to be in FLR FP parent visa
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Re: Can Leave to remain get married with overstayer

Post by Mya101 » Mon May 31, 2021 8:38 am

Thank you CR001.that’s what I told him but his saying because he didn’t married the mother of his children.
But what if his current partner got pregnant and gave birth,can they file for partner and the child.

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Re: Can Leave to remain get married with overstayer

Post by Djsuccess » Mon May 31, 2021 12:38 pm

Mya101 wrote:
Mon May 31, 2021 8:38 am
Thank you CR001.that’s what I told him but his saying because he didn’t married the mother of his children.
But what if his current partner got pregnant and gave birth,can they file for partner and the child.
In my opinion, it is not a good idea to get pregnant just to create a tie to a child for visa purpose. There is no guarantee that the HO will grant the overstayed mother a visa just because she now has a baby. It might also put your friend's LTR(FP) at risk. LTR(FP) are granted on the basis of Family and private life. In this case, as a parent of children, after divorcing their British mother. It will appear your friend is ready to move on and start a new life with another woman. If they are genuinely in love, they might need to consider a life outside of the UK. This is my opinion.

As you would expect, the genuineness of the new relationship will be questioned and he should be ready for scrutiny. As CR001 already mentioned, your friend cannot sponsor a new spouse, because his visa is tied to the children from his old relationship. He has a long way to go before getting ILR because I believe he is on the 10-year route. And if the HO have any reason to doubt the genuineness of his family life and involvement in the lives of the children on which his LTR(FP) was initially granted, the HO might decide not to extend his visa.

Does your friend have custody of the children from his previous relationship? To what extent is he involved in their lives?

In short, your friend needs to sort his immigration status out before he can sponsor a spouse. But I understand love could be a strong thing, so he might have a difficult decision to make.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

Mya101
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Posts: 36
Joined: Thu Aug 11, 2016 8:25 pm

Re: Can Leave to remain get married with overstayer

Post by Mya101 » Tue Jun 01, 2021 10:40 am

Djsuccess wrote:
Mon May 31, 2021 12:38 pm
Mya101 wrote:
Mon May 31, 2021 8:38 am
Thank you CR001.that’s what I told him but his saying because he didn’t married the mother of his children.
But what if his current partner got pregnant and gave birth,can they file for partner and the child.
In my opinion, it is not a good idea to get pregnant just to create a tie to a child for visa purpose. There is no guarantee that the HO will grant the overstayed mother a visa just because she now has a baby. It might also put your friend's LTR(FP) at risk. LTR(FP) are granted on the basis of Family and private life. In this case, as a parent of children, after divorcing their British mother. It will appear your friend is ready to move on and start a new life with another woman. If they are genuinely in love, they might need to consider a life outside of the UK. This is my opinion.

As you would expect, the genuineness of the new relationship will be questioned and he should be ready for scrutiny. As CR001 already mentioned, your friend cannot sponsor a new spouse, because his visa is tied to the children from his old relationship. He has a long way to go before getting ILR because I believe he is on the 10-year route. And if the HO have any reason to doubt the genuineness of his family life and involvement in the lives of the children on which his LTR(FP) was initially granted, the HO might decide not to extend his visa.

Does your friend have custody of the children from his previous relationship? To what extent is he involved in their lives?

In short, your friend needs to sort his immigration status out before he can sponsor a spouse. But I understand love could be a strong thing, so he might have a difficult decision to make.
Thank you Djsuccess for your response,my friend and lady love each other that’s why they got married not just because of visa,my friend didn’t marry the mother of his children and he have been single since they broke up and my friend have been seeing his children since they broke up until last year when corona virus started but still see the children once in while and on birthdays and paying child maintenance till date. My friend and his current partner not ready to file in yet just want to know what they can work on. Thanks

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