Marrying illegal immigrant

arvina2007 · Post by **arvina2007** » Thu Oct 30, 2008 12:46 pm

Hi

My Fiance lives in St Martins in the Carribean Island. He is orginally born in in Guyana, but moved to St Martins 10 years ago. However he is illegal in St Martins.

I am a British Citizen and we want to marry each other (for love).

What is the best route for us to get married so we both can live in the UK.

sakura · Post by **sakura** » Thu Oct 30, 2008 9:55 pm

arvina2007 wrote:Hi

My Fiance lives in St Martins in the Carribean Island. He is orginally born in in Guyana, but moved to St Martins 10 years ago. However he is illegal in St Martins.

I am a British Citizen and we want to marry each other (for love).

What is the best route for us to get married so we both can live in the UK.

Since he has no legal status in St. Martins, you would have to find out about the marriage laws, so don't assume you can go there to marry. He might need to show some official documents about his residency, for example. You have two options, both of which involve him leaving St. Martins;

1. Return to Guyana and apply for a fiancee visa to come to the UK and get married here. After getting married, apply for a spouse visa (in-country).
2. Return to Guyana, you fly to join him there and you marry there. OR you marry anywhere else you want, as long as you meet the requirements. Once married apply for a spouse visa in Guyana.

The reason he most likely has to leave St. Martins is because, without legal status, I do not think the British High Commission would accept any application he submits, and he would need to return to his home country or one where he has permanent legal residence. e.g. if you chose to marry in Las Vegas, since he is not a permanent resident of the US, he cannot send his application to the British Embassy/Consulate in the US, but would have to return to Guyana and submit his application there.

Details about the visas can be found here and here, so please read the requirements.

arvina2007 · Post by **arvina2007** » Fri Oct 31, 2008 11:17 am

Thank you for your response, we will go together to guyana and get married there...do you know the timescales of how long he has to stay in guyana before he can come to the uk?

sakura · Post by **sakura** » Fri Oct 31, 2008 4:08 pm

arvina2007 wrote:Thank you for your response, we will go together to guyana and get married there...do you know the timescales of how long he has to stay in guyana before he can come to the uk?

You can apply for a spouse visa as soon as you are married and have all the required documents. Once he obtains the visa, he can come whenever he likes (e.g. if he applied tomorrow and obtains the visa on Sunday, he could well fly out the following day). To avoid refusal, make sure you read carefully the accommodation and financial requirements, as that is usually where a lot of applications fail. If you have a job and/or savings, if he has a job and/or savings and/or skills, even a job offer, make sure you provide all of this evidence in as much detail as possible (e.g. bank statements, monthly incomings/outgoings, several months' pay slips, etc). The visa officers at the high commission oftentimes do not pay attention to the evidence you have provided, so be sure to be extremely organised.

Once you have submitted your application, however, there is no guaranteed timescale as to when you will be given an answer for the visa, so don't calculate days or weeks just yet.

arvina2007 · Post by **arvina2007** » Tue Nov 04, 2008 10:50 am

Hi again

Can i apply for a fiancee visa instead...so that he can come here and then get married in th eUK instead... would that take longer if I applied for that or is it just best to go guyana ?

sakura · Post by **sakura** » Tue Nov 04, 2008 11:03 am

arvina2007 wrote:Hi again

Can i apply for a fiancee visa instead...so that he can come here and then get married in th eUK instead... would that take longer if I applied for that or is it just best to go guyana ?

Yes - sorry I forgot to mention that option. You can indeed apply for a fiance visa, from Guyana. However, he would not be able to work, study, or do anything with that visa, whereas with a spouse visa he is automatically eligible to work, study, etc. There are also some (extra?) equirements for the fiance visa, however.

Anyway, it depends on where you wish to marry. You can always have a 'simple' marriage in Guyana for the spouse visa and then organise a 'proper' one in the UK.

UKBAbble · Post by **UKBAbble** » Tue Nov 04, 2008 11:11 am

There's no reason though why a fiance visa would take longer than a spouse visa.

arvina2007 · Post by **arvina2007** » Tue Nov 04, 2008 11:12 am

Hi thanks for the quick response...

If i apply for the fiance visa ...would be easier, as I cant travel till January due to work.

But as he has overstayed in st martins and still there at present would that refuse him entry? He will be going to Guyana soon though so that we can get visa sorted.

I have my own house and work in IT so I get a decent salary plus I rent my rooms within my home to tenants.

sakura · Post by **sakura** » Tue Nov 04, 2008 11:16 am

arvina2007 wrote:Hi thanks for the quick response...

If i apply for the fiance visa ...would be easier, as I cant travel till January due to work.

But as he has overstayed in st martins and still there at present would that refuse him entry? He will be going to Guyana soon though so that we can get visa sorted.

I have my own house and work in IT so I get a decent salary plus I rent my rooms within my home to tenants.

I do not think the UK is too concerned about overstaying in another country (especially since that country is even outside of Europe), and I do not think they ask questions about previous overstays in other countries in application forms.

Either way, if, for some bizarre reason, they do ask, and he needs to answer, he should be honest, because any form of deception on his part may lead to refusal of a visa.

arvina2007 · Post by **arvina2007** » Tue Nov 04, 2008 11:18 am

THANKS, How do I start the process?

arvina2007 · Post by **arvina2007** » Tue Nov 04, 2008 11:19 am

THANKS, How do I start the process?

sakura · Post by **sakura** » Tue Nov 04, 2008 11:27 am

arvina2007 wrote:THANKS, How do I start the process?

My first post provided links on how to apply and the application forms. Be sure to provide original/certified copies of documents and aim to provide as much information as possible.

1971 · Post by **1971** » Wed Nov 05, 2008 3:12 pm

Hi arvina2007,

In addition to all threads, provide the evidence of your marriage certificate and pictures after you marriage in Guyana. Also, let your spouse, provide evidences that he is working and Bank statements in Guyana if available. You will also have to provide evidences that you can maintain him and accomodate him in the UK .

I wish you the best.

Cheers.
1971.

arvina2007 · Post by **arvina2007** » Wed Nov 05, 2008 3:37 pm

hi

The problem is that he is working but illegally in st marrtins...and he does not have a bank account...plus he gets paid cash in hand

Post by **Frontier Mole** » Sun Nov 09, 2008 12:14 am

As you have been told he can not apply from St Martins as he has no status there.

The issue he will face on his return home is that he has nothing in the way of worth while documentation for the past 10 years. No proof of address that matches to any legal status in St Martins, no pay slips, bank accounts etc etc. It is going to be an uphill struggle.

Where did you meet your boyfriend?
How long have you known him?
How many times have you visited him?

These questions are going to be asked and they will need to be answered. The reason being it will look like your bf is looking for an easy route to legal status in the UK and therefore more than likely you will have the marriage of connivance refusal thrown at you. His previous illegal status in another country for such a long period will become an issue. If he does not declare it he will potentially have issues in regards deception later on or even at the time of application.

I would think very carefully about how the spouse visa application is going to survive the ECO with little or no documentation from your bf.

arvina2007 · Post by **arvina2007** » Mon Nov 10, 2008 10:58 am

What can I do ? I'm so stressed ... We are not going to lie about him overstaying in St Martins. He has got payslips in st martins though...and he has worked for the goverment there too.

Post by **Frontier Mole** » Mon Nov 10, 2008 8:32 pm

Things are not as bad then. If he has documentation of some form then at least he can show where he has been and what he has being doing. Does it cover a reasonable period of time? Two or more years for instance.

He does not need a bank account but without some proof of income he will have a hard time.

The other problem is the identity angle, if he can not show where he has being living / staying, does not have an ID card etc from his own country to prove residence and little documentation because of his illegal status the WHO he is becomes a big question. People who just "appear" in a country without documentation generate suspicions; they certainly do not get entry to the UK on a legal basis very readily.

I do not want to unduly frighten you but you can see the problems he will face in trying to navigate the through the application process to get to the UK. On returning home he should avail himself to every type of documentation he can, open a bank account, get a job, any job, register with the local council to vote etc, renew his driving licence...... anything and everything to show him as person in his home country. At least that way he becomes an entity rather than a person living under the radar.

arvina2007 · Post by **arvina2007** » Tue Nov 11, 2008 9:55 am

Hi

He does have payslips in St maartins , and he pays rent in st martins (he lives with his family who do have papers there) will that be enough?

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Marrying illegal immigrant

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