Marriage between illegal and an UK Resident

[andrearchitect]

Good evening!
I am from Brazil living in UK for almost 3 years and my tourist visa is expired (6 months visa). I met my girlfriend almost 2 years ago and we have been dating since. She is from Germany and she’s been living and working in UK for more than 6 years. She has already got her British residence and she is already allowed to apply for British passport.
We decided to get married couple months ago and we would like to have some advices about wich is the best way to do it. She started the process to apply for British passport.
I don’t know if i would take a big risk if i get married here and if it would be a better option if we go back to Brazil and get married over there. I would be glad reading from you guys any way i could take.
Many thanks.
Sorry about my English mistakes. I am still working on that!

[seagul]

Easiest and cheapest way is to return back home and apply spouse visa from there. Also you cannot marry in UK as an overstayer.

[bathanza]

Easiest and cheapest way is to return back home and apply spouse visa from there. Also you cannot marry in UK as an overstayer.

You can certainly marry if you have over stayed your visa as it's a matter of getting home office approval

But I do agree. Go back to Brazil and get a spouse visa..it'll save so much headache if you try to apply here and there's no real reason why you cannot apply the normal method for a spousal visa

Also there is risk for refusal if you did go back. Check 320(11) cases whereby the eco can refuse based on overstay. This could mean you'll be separated from your partner for months or years.

You must explain reasons why you've over stayed and hope for the best.

[seagul]

Easiest and cheapest way is to return back home and apply spouse visa from there. Also you cannot marry in UK as an overstayer.

You can certainly marry if you have over stayed your visa as it's a matter of getting home office approval

Do you think that home office will give that approval to overstayer???

[bathanza]

Easiest and cheapest way is to return back home and apply spouse visa from there. Also you cannot marry in UK as an overstayer.

You can certainly marry if you have over stayed your visa as it's a matter of getting home office approval

Do you think that home office will give that approval to overstayer???

My husband did as an overstayer. In fact many have. There's no law which prevents a marriage in this country. They do ask for photo ID and proof of residence. The registrar will inform the home office who will put them on notice for a while.

[seagul]

My husband did as an overstayer.

What was his previous immigration status and nationality? And yours too? And how long ago such miracle happened?

[CR001]

My husband did as an overstayer.

What was his previous immigration status and nationality? And yours too? And how long ago such miracle happened?

@seagul, please search the users extensive threads explaining their circumstances instead of asking for their situation in another users thread/topic.

[seagul]

My husband did as an overstayer.

What was his previous immigration status and nationality? And yours too? And how long ago such miracle happened?

@seagul, please search the users extensive threads explaining their circumstances instead of asking for their situation in another users thread/topic.

Many thanks for your suggestion. Question was merely asked because i personally never seen any overstayer be able to get home office approval for marriage through honest information excluding in those old golden days when they were marrying EU nationals.

[bathanza]

My husband did as an overstayer.

What was his previous immigration status and nationality? And yours too? And how long ago such miracle happened?

@seagul, please search the users extensive threads explaining their circumstances instead of asking for their situation in another users thread/topic.

Many thanks for your suggestion. Question was merely asked because i personally never seen any overstayer be able to get home office approval for marriage through honest information excluding in those old golden days when they were marrying EU nationals.

I utterly assure you there was NO dishonesty in our civil marriage and take offence to what you have written. I am an active advocate to a fairer immigration system which has become utterly chaotic and shambolic thanks to complex rulings. I have posted an entire thread about our visa approval so I suggest you take a read

Going back to the OP I do suggest you look up 320(11) as this can be tricky to appeal against.

[seagul]

Documents you'll need to give notice

You must bring originals of the following documents to your appointment:

details of the final venue for your ceremony
a valid passport, UK birth certificate or national identity card from the EU, European Economic Area (EEA) or Switzerland
proof of your home address
proof of any name changes (for example, a copy of a deed poll)
To prove your address, bring one of the following:

valid UK, EU, EEA or Swiss driving licence
gas, water or electricity bill from the last 3 months
bank or building society statement from the last month
Council Tax bill from the last 12 months
mortgage statement from the last 12 months
current tenancy agreement
letter from your landlord (dated within the last 7 days) confirming you live there and including your landlord’s name, address and their signature
If your normal address is outside the UK, you’ll need to give details of a UK contact address. For example, this could be your partner, friend or family member’s address.

If you’ve been married or in a civil partnership before
You’ll also need to bring one of the following documents:

a decree absolute or final order
your former partner’s death certificate
You need to bring proof of your divorce, annulment or dissolution if it was granted outside of the UK, Channel Islands or Isle of Man. You’ll have to pay a fee of £50 for the local register office to check your documents or £75 if the General Register Office needs to check them.

If you or your partner is from outside the EU, EEA or from Switzerland
You’ll also need to bring:

a passport sized photo for each of you (even if only one of you is from outside the EU, EEA or from Switzerland)
proof of your current immigration status (for example, your visa)
a translation of any documents that are not in English

https://www.gov.uk/marriages-civil-part ... ive-notice