Getting Married when Imm. Pending??

[noush]

What happens if you are waiting to make an application on the 14 year rule but have found a british national you want to marry? If the HO wont let the marriage take place, is that not breaching the Human Rights of the British national or can the marriage go ahead?

[olisun]

is that not breaching the Human Rights of the British national ?

If this was the case then every illegal person will start marrying a British National and some just to stay into this country....

[noush]

Well the scam marriages used to happen before and it was not for that reason only....that is why it is down to the HO and others to determine whether or not the relationship is real, with the questions they ask and the history of the couple etc.

[John]

If the HO wont let the marriage take place, is that not breaching the Human Rights of the British national or can the marriage go ahead?

The Home Office might be able to prevent a marriage taking place in the UK, but of course they can do nothing to stop a marriage taking place outside the UK, nor would they want to.

So why not the two of you travel to your country, get married there, and then you can apply for a spouse visa to return to the UK.

[noush]

she is a pakistani national...we'd be murdered there (as a same sex couple) plus she HAS NOT TRAVELLED FOR THIRTEEN YEARS as she has no valid passport of travel document.

[John]

OK, understood. How close is she to the 14 year mark? It will probably be best to get to 14 years first, then submit the ILR application. In other words, especially this close to 14 years, it does not make to go out of the way to draw attention to her presence in the UK.

But after the 14 year ILR application has been submitted, there is nothing to stop her making an outside-the-rules application for a Certificate of Approval to enter into a Civil Partnership, explaining in a covering letter that it is totally impossible to enter into such a partnership in Pakistan.

If that does not work, well when the ILR is granted she will not need a CoA to enter into a Civil Partnership. But do appreciate that 14 year applications for ILR do take 1 to 2 years to be dealt with, hence the suggestion about applying for a CoA once the ILR application has been submitted.

[noush]

John,

Thanks so much for your replies....so appreciated. She was forced to marry her first couisin in her native pakistan in 1991. he left her there and didnt contact her again. she LEGALLY entered the Uk on a six month visa only to find him married to another woman. she was advised to apply for Political Asylum due to the trouble back home - her application got refused. She appealed in approx. 1995/6 and has not heard anything to date despite being at the same address all that time. her solicitors got closed down and her papers lost. the HO can find no person under her reference number and it will be 14 years next year. She has always worked and paid taxes etc. but has not ever married or had kids as she felt this would be unfair due to an uncertain future.
Finally John, we hear that under 14 year application any represenations made on your behalf are taken in to consideration, if there was a petition of 5000 people who requested her to stay here would that make any difference because that is the amount of people so far willing to sign.

Thanks.