Hungarian with PR marry an Algerian, who's illegal

[ummibrahim]

Hi, I would like to know what is the process of marrying an Algerian who's passport expired years ago. I am Hungarian and I have PR and settled status too.
Is the first step the notice of marriage at the Registry Office than they inform the Home Office?
What are the requirements of the Notice of Marriage? Than what is the next step. What are a requirements of a sponsor? A solicitor said, there is only 2 solution:
I need to earn 18 thousand £ a year or we must have a child.
I am going to be a full time college student for a year, can I still be the sponsor of my Algerian husband?
Thank you.

[askmeplz82]

Is the first step the notice of marriage at the Registry Office than they inform the Home Office?

Yes ... If your relationship is genuine he will be alright. Home office will investigate before marriage take place so be prepared .

I need to earn 18 thousand £ a year or we must have a child.

£18,500 is only for British Citizen who is trying to sponsor their NON EU family member
If you have a child it may help you to convince home office them it's not a marriage of convenience . Yes you can sponsor

[Casa]

In order to marry in the UK you are required to give notice in a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO, who can then extend the notification period from 28 to 70 days in order to interview you both separately should they choose to do so before the marriage can take place.

You should be aware that as your fiance has no legal right of residence in the UK, he could be detained during the interview.

There is no requirement under the EEA Regulations to meet the minimum income level of £18,600 p.a.

However, you have an additional problem in that your fiance will require a valid passport when giving notice to marry.

[ummibrahim]

[quote=askmeplz82 post_id=1800809 time=1562543848 user_id=75200]
Is the first step the notice of marriage at the Registry Office than they inform the Home Office?

Yes ... If your relationship is genuine he will be alright. Home office will investigate before marriage take place so be prepared.

####
Yes, the relationship is genuine. What should we prepared for?

Anyway, I am still need to finish my divorce from my children's father. As soon as I divorced, can we do the notice of marriage straight away? ###

I need to earn 18 thousand £ a year or we must have a child.

£18,500 is only for British Citizen who is trying to sponsor their NON EU family member
If you have a child it may help you to convince home office them it's not a marriage of convenience . Yes you can sponsor

### So as an EEA member , can I be the sponsor of him even as a full time student without even a part time job? Or it is required to at least having a part time job? ###

[/quote

[ummibrahim]

In order to marry in the UK you are required to give notice in a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO, who can then extend the notification period from 28 to 70 days in order to interview you both separately should they choose to do so before the marriage can take place.

You should be aware that as your fiance has no legal right of residence in the UK, he could be detained during the interview.

### ok, I understand that, he could be detained. Is that mean, in this case, he would be deported from the UK? ###

There is no requirement under the EEA Regulations to meet the minimum income level of £18,600 p.a.
### Thank you very much, to clarify this too. I am so confused, why the solicitor said so. ###

However, you have an additional problem in that your fiance will require a valid passport when giving notice to marry.

### What additional problem do you mean? His passport expired few years ago. He arrived as a tourist 8 yrs ago. ###

[Casa]

In order to give notice to marry, your partner will have to provide one of the following:

Document Further information
A valid passport from any country If you have a valid passport you should bring this with you. We are not allowed to accept expired passports.
A valid Identity Card issued by a European Union or EEA country We can only accept ID cards issued by a country from the EU or EEA. Cards from other countries including driving licenses cannot be accepted.
A UK Certificate of Naturalisation We can only accept a certificate of naturalisation of it has been issued by the United Kingdom
Valid Home Office Travel Document The document must not have expired
Valid UK Government issued biometric immigration document For example your current valid UK visa or entry clearance on a plastic card with your photo on it that has not expired. Unfortunately we cannot accept Home Office Application Registration Cards (ARC Cards)

I'm assuming that in the absence of a valid passport and with no legal residence in the UK, your partner will be unable to provide one of the other options.

See also in the link to Haringey Council guidance for both registering to marry, on the additional documents required as proof of address.

https://www.haringey.gov.uk/births-deat ... artnership

[ummibrahim]

In order to give notice to marry, your partner will have to provide one of the following:

Document Further information
A valid passport from any country If you have a valid passport you should bring this with you. We are not allowed to accept expired passports.
A valid Identity Card issued by a European Union or EEA country We can only accept ID cards issued by a country from the EU or EEA. Cards from other countries including driving licenses cannot be accepted.
A UK Certificate of Naturalisation We can only accept a certificate of naturalisation of it has been issued by the United Kingdom
Valid Home Office Travel Document The document must not have expired
Valid UK Government issued biometric immigration document For example your current valid UK visa or entry clearance on a plastic card with your photo on it that has not expired. Unfortunately we cannot accept Home Office Application Registration Cards (ARC Cards)

I'm assuming that in the absence of a valid passport and with no legal residence in the UK, your partner will be unable to provide one of the other options.

My Hungarian passport is valid and I have PR too. The Algerian man is the one, who has an expired passport. Can you confirm it again that, can we start the a notice of marriage with the Registry Office or not? I know they have to get contact with the Home Office. Thank you

[Casa]

Not without you both having a valid identity document in the list.

I also edited my post to include a link to the list of proof of address that you both need to provide.

[Zerubbabel]

A friend was in the same situation with an expired Algerian passport.

Here is how to sort it:

Go to an immigration solicitor and get him to write you a letter indicating that you have the project to marry and for that, it's necessary that a valid passport is provided. This letter has to be stamped and signed and printed on headed paper.

Go with your husband to the Algerian embassy. Take the letter with you. Explain that you want to marry and need a temporary passport.

They will ask you for documents and proofs of id. If they are satisfied that the story is genuine, they will issue a 1 year passport to your partner. At that point, you have a valid passport that will be accepted as a proof of id by the registrar.

[ummibrahim]

A friend was in the same situation with an expired Algerian passport.

Here is how to sort it:

Go to an immigration solicitor and get him to write you a letter indicating that you have the project to marry and for that, it's necessary that a valid passport is provided. This letter has to be stamped and signed and printed on headed paper.

Go with your husband to the Algerian embassy. Take the letter with you. Explain that you want to marry and need a temporary passport.

They will ask you for documents and proofs of id. If they are satisfied that the story is genuine, they will issue a 1 year passport to your partner. At that point, you have a valid passport that will be accepted as a proof of id by the registrar.

Thank you very much

[ummibrahim]

And can I be the sponsor for him as a full time student?

[ummibrahim]

Does it make any problem if I am on Income Support? Would the application more likely being successful if I have a part time job after I finished my studies?

[askmeplz82]

Not an issue now anymore. You just need to think now how to get married in the UK . If you are married then 60% problem solved

[ummibrahim]

Thank you!

[ummibrahim]

In order to give notice to marry, your partner will have to provide one of the following:

Document Further information
A valid passport from any country If you have a valid passport you should bring this with you. We are not allowed to accept expired passports.
A valid Identity Card issued by a European Union or EEA country We can only accept ID cards issued by a country from the EU or EEA. Cards from other countries including driving licenses cannot be accepted.
A UK Certificate of Naturalisation We can only accept a certificate of naturalisation of it has been issued by the United Kingdom
Valid Home Office Travel Document The document must not have expired
Valid UK Government issued biometric immigration document For example your current valid UK visa or entry clearance on a plastic card with your photo on it that has not expired. Unfortunately we cannot accept Home Office Application Registration Cards (ARC Cards)

I'm assuming that in the absence of a valid passport and with no legal residence in the UK, your partner will be unable to provide one of the other options.

See also in the link to Haringey Council guidance for both registering to marry, on the additional documents required as proof of address.

https://www.haringey.gov.uk/births-deat ... artnership

Thank you for your all information.
Would a one year/temporary passport accepted?
Is TV Licence counts as utility bill?

[Zerubbabel]

The 1 year passport is accepted. It's a fully valid travel document/id. It looks like any passport. The only giveaway is it's validity that is shorter than typical (1 year vs 10) but still, it's accepted without any question.

However, you need to make sure you cover everything else otherwise you can just open a can of worms.

The Registrar would look to the passport page by page and he/she would realize that there is no visa in it or entry stamp. They may ask if there is a residence card with that and the only answer is "no". They won't question further but the Home Office will be informed at one point.

Now, when it comes to sponsor your husband immigration, you have to show a lot of evident of work and life together. A single proof of address in a form of TV license is not enough. I recommend getting a proof of address for each 3 months period together: electricity, gas, landline... bills are the best. Letters from DVLA, HMRC or other administrations are strong evidences also.

As a student, you can still sponsor your husband as long as you are in the country for more than 3 months. Check this document out:

https://assets.publishing.service.gov.u ... 7.0ext.pdf

Page 6

[ummibrahim]

Thank you!

[ummibrahim]

Is any change expected that may affect my situation in the case of a no deal Brexit?

[Zerubbabel]

It's hard, if not impossible, to tell how a major event such as no deal Brexit can translate into individual situations.

All what have been said is valid for today. If a big change happens, it will probably reshuffle the cards and a new assessment of the entire situation is to be done again.

[ummibrahim]

True, is impossible to get prepared for the unknown.