failed asylum seeker marrying EU citizen not in UK???

[holahoo]

Hi everyone,

I have been asked to write this post on behalf of a friend who has some concerns about anonymity.

First let me say that I wish I read this forum when I first came to this country as it would have saved me a lot sleepless nights.

My friend’s situation is as follows,
His country of origin is Lebanon. He is 32 years old.
In December 2001 he came to this country on a visit visa to visit family and friends.
Few weeks into his trip he received the news from his parents back home that he could not return due to problems arising from his political activities while living there. He carefully considered his next move and finally decided to apply for asylum in April 02.
Off course, he was refused by the home office. After several appeals and court hearings he was finally refused with no chance of appeal, despite the mountain of evidence that he was able to present to the home office and to the immigration judges, in Sep 05. Our understanding of the situation is that they counted the fact of him not applying for asylum upon arrival to the UK against him and they just did not want to accept any explanation.
Since then, he has been in this country as a failed asylum seeker.
He is now basically stuck here as he can not go back to his country of origin nor travel to any other country because he can not obtain a visa to any other country from here. Apparently he has to be legal resident here to be able to obtain a visa from any foreign embassy in the UK.

Now comes the interesting part:
Before even leaving his country he was and still is in a relationship with a girl who is Lebanese in origin but is a German national. She is 27 years old. She lives in Germany. She is a student and will finish her Masters degree in May 08.
During the past six years she continued to visit him on regular basis each year however they never lived together as partners due to cultural restrictions.
Lately they have decided that the time is right for them to tie the knot (and I think they got fed up from just seeing each other in trips).
But here comes the problem.
He can not go to Germany to get married.
If she comes here, they don’t know if they can get married here, as she is not living here nor working here.
Nor can he go back to country of origin.
So basically they are stuck.

What should they do?
Any help, advise or ideas will be greatly appreciated.
If some one was in a similar situation could you inform us about the way out?

Thanks for all your help in advance.

[Wanderer]

He should return home - it's the only way.

You say he cannot return home, why not?

[holahoo]

hi,

unfortunately, he can not return home for the same reason that made him apply for asylum. although the home office did refuse him, he does have a very genuine reason for not being able to return home. his political "affiliations" and "activities" angered alot of people/parties/sides.

thanks for your question.

[stedman]

Well, either he returns home or he's stuck here as a failed asylum seeker. There is no third way.

[holahoo]

well, too bad. but thanks everyone for your advise.

[Wanderer]

hi,

unfortunately, he can not return home for the same reason that made him apply for asylum. although the home office did refuse him, he does have a very genuine reason for not being able to return home. his political "affiliations" and "activities" angered alot of people/parties/sides.

thanks for your question.

And they're all waiting at the airport to get him are they?

[sakura]

Either his gf comes here and they get married at a Church of England, where you don't need a CoA (unless they've changed things?)....but he would still need to leave anyway! I don't know if Germany would accept an application from someone in another EEA country with no valid leave to remain.

So he needs to either go home (and quietly, maybe stay at a hotel or something, obviously not go home) or some other third country if Germany would accept that.

But this requires a very good lawyer....someone versed in EU laws, Lebanese laws and German law.

[olisun]

Either his gf comes here and they get married at a Church of England, where you don't need a CoA (unless they've changed things?)

Now you NEED a COA even if you wish to marry in the Church of England, if either of the partner is under immigration control.

This was in the newspapers a few days back and it was the Archbishop or somebody who has made it as a mandatory rule now.

[sakura]

Either his gf comes here and they get married at a Church of England, where you don't need a CoA (unless they've changed things?)

Now you NEED a COA even if you wish to marry in the Church of England, if either of the partner is under immigration control.

This was in the newspapers a few days back and it was the Archbishop or somebody who has made it as a mandatory rule now.

Crackers, I need to read the rules more! Thanks for the heads up!

Well, seems all avenues are closed, then. There's nothing else I can offer as a suggestion, sorry.

[holahoo]

hi everyone,

thanks for taking the time to reply and help. thanks sakura for your idea. he never thought of the third country angle. this is something worth researching and asking about.

as for the question of wether all will be waiting for him at the airport. surely, not. however, the authorities will and they are always present at the airports.

as for getting married in the church of england, both are muslims so this could be a problem. furtheremore, even if it is not a problem, she being a student still may present challenges when trying to apply for leave to remain for himself. ofcourse i am not sure about that. i am just having a logical guess.

thanks again everyone.