Marrying asylum seeker

[latinmani88]

Hi all
I've been reading a few posts that might answer my question but thought to write a new topic just incase someone had more information.

I'm a US citizen who current has a Tier 2 visa, I'm applying to ILR in august (10 year route). I have been in a relationship with my fiance for 3 years now. He is an asylum seeker with a pending application with the home office (applied in 2020, had screening interview December 2020 and has been waiting since. No substantial interview yet). We have been living together for 10 months and want to get married. My questions are
1. Could we get married if the home office has his passport, using his ARC as an ID?
2. Can we apply as spousal visa after we marry and I get my ILR? I meet the financial requirements but his asylum claim is still pending?
3. Would you advice we apply for the spousal visa with him here or him return home before this? (this could be potentially dangerous for him however due to the reason for seeking asylum).
Thanks

[London22]

Hi all
I've been reading a few posts that might answer my question but thought to write a new topic just incase someone had more information.

I'm a US citizen who current has a Tier 2 visa, I'm applying to ILR in august (10 year route). I have been in a relationship with my fiance for 3 years now. He is an asylum seeker with a pending application with the home office (applied in 2020, had screening interview December 2020 and has been waiting since. No substantial interview yet). We have been living together for 10 months and want to get married. My questions are
1. Could we get married if the home office has his passport, using his ARC as an ID?
2. Can we apply as spousal visa after we marry and I get my ILR? I meet the financial requirements but his asylum claim is still pending?
3. Would you advice we apply for the spousal visa with him here or him return home before this? (this could be potentially dangerous for him however due to the reason for seeking asylum).
Thanks

If you are in a relationship for 3 years & can prove with evidence that you are in a subsisting relationship living together is plus point but not essential then can apply for a partner route visa if you see any issues coming in getting married for spousal visa.In any way spousal or partner route the asylum seeker can get status easily on basis of relationship with you. He has to withdraw asylum application and apply for the other application promptly without wasting any time.
The home office will have argument to ask him to go home and apply for entry clearance as he faces problems .Looks an easy application if sensibly applied .

[Casa]

Hi all
I've been reading a few posts that might answer my question but thought to write a new topic just incase someone had more information.

I'm a US citizen who current has a Tier 2 visa, I'm applying to ILR in august (10 year route). I have been in a relationship with my fiance for 3 years now. He is an asylum seeker with a pending application with the home office (applied in 2020, had screening interview December 2020 and has been waiting since. No substantial interview yet). We have been living together for 10 months and want to get married. My questions are
1. Could we get married if the home office has his passport, using his ARC as an ID?
2. Can we apply as spousal visa after we marry and I get my ILR? I meet the financial requirements but his asylum claim is still pending?
3. Would you advice we apply for the spousal visa with him here or him return home before this? (this could be potentially dangerous for him however due to the reason for seeking asylum).
Thanks

If you are in a relationship for 3 years & can prove with evidence that you are in a subsisting relationship living together is plus point but not essential then can apply for a partner route visa if you see any issues coming in getting married for spousal visa.In any way spousal or partner route the asylum seeker can get status easily on basis of relationship with you. He has to withdraw asylum application and apply for the other application promptly without wasting any time.
The home office will have argument to ask him to go home and apply for entry clearance as he faces problems .Looks an easy application if sensibly applied .

For an unmarried partner visa the couple must submit documented evidence of living together in a relationship 'akin to marriage' for at least 2 years. According to the opening post this has only been for 10 months, way short of meeting the criteria.
A spouse visa doesn't require pre-marriage co-habitation, but the validity of the relationship should be supported with strong evidence.
However my understanding is that it won't be possible to support a spouse visa application until ILR is granted in August.
Marriage alone won't regularise the partner's right to reside in the UK.

[latinmani88]

Thank you both for your comments.
Yes the relationship is genuine and we have lots of evidence to prove this and we will wait till after my ILR to apply for the spousal visa (after getting married).
I'm wondering if anyone has any experience in this type of application for a spousal visa from within the UK? any tips or suggestions. It's my understanding that we have to prove insurmountable obstacles as to why we cannot live in his home country correct?
Thanks!

[Ticktack]

Thank you both for your comments.
Yes the relationship is genuine and we have lots of evidence to prove this and we will wait till after my ILR to apply for the spousal visa (after getting married).
I'm wondering if anyone has any experience in this type of application for a spousal visa from within the UK? any tips or suggestions. It's my understanding that we have to prove insurmountable obstacles as to why we cannot live in his home country correct?
Thanks!

Get a nice lawyer. Even if the application is approved, he would be put on the 10 years route (outside the rules). Based on his immigration history.
But hey, what would you care. The key thing is to regularise him right.