Nigerian Customary Marriage, miscarriage and Pregnant wife

[Soloma]

I am a Nigerian and my partner is Italian. I came here on a student visa which has expired long time ago. We applied at the registrar to get married 2016 but was refused. We have been living together for 1 year and 10 months now. We got married using Nigerian Customary marriage (proxy) and I have the certificate. We are planning to make an application. We have the certificate of 2 miscarriages this year and she is now six weeks pregnant. Any advice please? What should we do? Do I have any chance?

[Jimmybones100]

You should have applied as unmarried partner instead of trying to get married,if you have proof that you have together for 2 years like bills,send in unmarried partner application.

[brownbonno]

I am a Nigerian and my partner is Italian. I came here on a student visa which has expired long time ago. We applied at the registrar to get married 2016 but was refused. We have been living together for 1 year and 10 months now. We got married using Nigerian Customary marriage (proxy) and I have the certificate. We are planning to make an application. We have the certificate of 2 miscarriages this year and she is now six weeks pregnant. Any advice please? What should we do? Do I have any chance?

Nigerian customary marriage is not statutory, certificate cannot be issued because it's under the native law and custom.
Below link May through more lights.

tribunalsdecisions.service.gov.uk

[2014] UKUT 24Case title:Kareem (Proxy marriages – EU law)Appellant name:KareemStatus of case:ReportedHearing date:Promulgation date:16 Jan 2014Publication date:23 Jan 2014Last updated on:23 Jan 2014Country:NigeriaJudges:Mr C M G Ockelton, Vice-President, Upper Tribunal Judge McKee, Deputy Upper Tribunal Judge McCarthyKeywordsProxy marriages – EU law

[Soloma]

You should have applied as unmarried partner instead of trying to get married,if you have proof that you have together for 2 years like bills,send in unmarried partner application.

It was after we were refused to get married that we started living together and we have not lived together for 2 years. This month makes it 1 year and 10 months

[Soloma]

I am a Nigerian and my partner is Italian. I came here on a student visa which has expired long time ago. We applied at the registrar to get married 2016 but was refused. We have been living together for 1 year and 10 months now. We got married using Nigerian Customary marriage (proxy) and I have the certificate. We are planning to make an application. We have the certificate of 2 miscarriages this year and she is now six weeks pregnant. Any advice please? What should we do? Do I have any chance?

Nigerian customary marriage is not statutory, certificate cannot be issued because it's under the native law and custom.
Below link May through more lights.

tribunalsdecisions.service.gov.uk

[2014] UKUT 24Case title:Kareem (Proxy marriages – EU law)Appellant name:KareemStatus of case:ReportedHearing date:Promulgation date:16 Jan 2014Publication date:23 Jan 2014Last updated on:23 Jan 2014Country:NigeriaJudges:Mr C M G Ockelton, Vice-President, Upper Tribunal Judge McKee, Deputy Upper Tribunal Judge McCarthyKeywordsProxy marriages – EU law

I do not understand you. We were issued a marriage certificate stating that I am married to her.

[mamalicious187]

I am a Nigerian and my partner is Italian. I came here on a student visa which has expired long time ago. We applied at the registrar to get married 2016 but was refused. We have been living together for 1 year and 10 months now. We got married using Nigerian Customary marriage (proxy) and I have the certificate. We are planning to make an application. We have the certificate of 2 miscarriages this year and she is now six weeks pregnant. Any advice please? What should we do? Do I have any chance?

Nigerian customary marriage is not statutory, certificate cannot be issued because it's under the native law and custom.
Below link May through more lights.

tribunalsdecisions.service.gov.uk

[2014] UKUT 24Case title:Kareem (Proxy marriages – EU law)Appellant name:KareemStatus of case:ReportedHearing date:Promulgation date:16 Jan 2014Publication date:23 Jan 2014Last updated on:23 Jan 2014Country:NigeriaJudges:Mr C M G Ockelton, Vice-President, Upper Tribunal Judge McKee, Deputy Upper Tribunal Judge McCarthyKeywordsProxy marriages – EU law

I do not understand you. We were issued a marriage certificate stating that I am married to her.

You are not likely to be succesful if you submit an application with that certificate as it is not recognised by UKVI.

Goodluck

[Soloma]

ok

[Soloma]

I am a Nigerian and my partner is Italian. I came here on a student visa which has expired long time ago. We applied at the registrar to get married 2016 but was refused. We have been living together for 1 year and 10 months now. We got married using Nigerian Customary marriage (proxy) and I have the certificate. We are planning to make an application. We have the certificate of 2 miscarriages this year and she is now six weeks pregnant. Any advice please? What should we do? Do I have any chance?

Nigerian customary marriage is not statutory, certificate cannot be issued because it's under the native law and custom.
Below link May through more lights.

tribunalsdecisions.service.gov.uk

[2014] UKUT 24Case title:Kareem (Proxy marriages – EU law)Appellant name:KareemStatus of case:ReportedHearing date:Promulgation date:16 Jan 2014Publication date:23 Jan 2014Last updated on:23 Jan 2014Country:NigeriaJudges:Mr C M G Ockelton, Vice-President, Upper Tribunal Judge McKee, Deputy Upper Tribunal Judge McCarthyKeywordsProxy marriages – EU law

I do not understand you. We were issued a marriage certificate stating that I am married to her.

You are not likely to be succesful if you submit an application with that certificate as it is not recognised by UKVI.

Goodluck

I contacted a lawyer today and he said that proxy in this case customary marriage certificate is now acceptable. Please anyone knows if this is true or is he misinformed?

[CR001]

See second last post in topic link below.

eea-route-applications/kareem-overturne ... 22092.html

[Soloma]

See second last post in topic link below.

eea-route-applications/kareem-overturne ... 22092.html

Thanks. I will be making my application next week.

[Obie]

See second last post in topic link below.

eea-route-applications/kareem-overturne ... 22092.html

Indeed, all the other posts before this have been wholly misleading to say the least. Thanks Char for saving the day.

I have never had experience of a properly conducted Nigerian Proxy marriage being refused. And i agree fully that Kareem is no longer good law.

[Soloma]

Thanks guys

[Soloma]

See second last post in topic link below.

eea-route-applications/kareem-overturne ... 22092.html

Indeed, all the other posts before this have been wholly misleading to say the least. Thanks Char for saving the day.

I have never had experience of a properly conducted Nigerian Proxy marriage being refused. And i agree fully that Kareem is no longer good law.

Hi Obie,
I amde my rc application with customary marriage (proxy Nigeria) on 2nd of November and on 28th November, I was issued COA with right to work.
Unfortunately, I received a refusal letter today and the reason is this:
The marriage certificate you have provided has been stamped and signesd a claimed register, but no evidence has been provided to confirm that the person stated has the the authority with legal power to create or confirm the facts it attests. On the basis of the evidence provided, this department does not accept that the claimed marriage certificate has been by competent authority.
You have not provided any evidence that your marriage certificate has been issued by a competent authority in Nigeria and it is not therefore accepted that your marriage certificate is a validly issued document.
As the evidence you have provided does not confirm your proxy marriage was valid, we are unable to confirm 'family member' status as the spouse of your EEA or Switz national sponsor. Your appliction has been refused for that reason.
If you are unable tp prove that you are in a valid marriage, you may wish to reapply instead as the extended family member of your EEA or Swiutz national sponsor.
Next steps: You have a right to appeal......
Please should I go for appeal or make a fresh application as a partner of an EEA citizen? Please advise me.