illegal immigrant wanting to marry UK citizen

[HRSENGLAND]

It would be appreciated if you could provide me with the appropriate advice so I can pass it on to my friend.

So my friend is a UK citizen (from birth) and she wants to marry her illegal boyfriend in the UK.

About her: she is in her mid 20's and has a daughter from her previous marriage and is living on public funds. She has never worked and is due to complete a course at the local college. She has never paid council tax, bills etc and claims benefits as a single parent.

About him: he came from India to the UK illegally 2years ago and has been working since. He is in his late 20's and lives with my friend (his girlfriend).

I have briefly explained the current scenario. Both of them wish to get married in the summer. I know that they do not need a certificate of approval but what is the best way to come around this situation?

- What documents do they need to provide to the register office?
- Will they give him/them permission to get married in the UK legally?
- What are the chances of him getting caught or being reported by the register office to the UKBA?
- If they do get married in the UK legally, will he have to apply for a spouse visa from the UK or go back to India and apply from there?
- My friend is living on public funds, will this be an issue?
- My friend already has one defendant, will this be an issue?
- Will my friend be able to live with him legally in the UK after they get married and how long will it take for him to get a British Passport?

I have outlined some questions that might arise. Can you please give the best and correct advice on this situation. What is the best route for them and what are the possible problems that could arise.

Thank you

[791898]

It would be appreciated if you could provide me with the appropriate advice so I can pass it on to my friend.

So my friend is a UK citizen (from birth) and she wants to marry her illegal boyfriend in the UK.

About her: she is in her mid 20's and has a daughter from her previous marriage and is living on public funds. She has never worked and is due to complete a course at the local college. She has never paid council tax, bills etc and claims benefits as a single parent.

About him: he came from India to the UK illegally 2years ago and has been working since. He is in his late 20's and lives with my friend (his girlfriend).

I have briefly explained the current scenario. Both of them wish to get married in the summer. I know that they do not need a certificate of approval but what is the best way to come around this situation?

- What documents do they need to provide to the register office?
- Will they give him/them permission to get married in the UK legally?
- What are the chances of him getting caught or being reported by the register office to the UKBA?
- If they do get married in the UK legally, will he have to apply for a spouse visa from the UK or go back to India and apply from there?
- My friend is living on public funds, will this be an issue?
- My friend already has one defendant, will this be an issue?
- Will my friend be able to live with him legally in the UK after they get married and how long will it take for him to get a British Passport?

I have outlined some questions that might arise. Can you please give the best and correct advice on this situation. What is the best route for them and what are the possible problems that could arise.

Thank you

yes they can get married, but they need to hire solicitor to get visa for him

the chance of getting visa depends on proofs of past relationship they could provide, such as pics, emails, receipt from restaurants etc.

[Mr Rusty]

- What documents do they need to provide to the register office? Some sort of identity, preferably a passport

- Will they give him/them permission to get married in the UK legally? They must get married at a designated Registry Office - I'm sorry I can't find a list of these at present, probably somebody else will post it. If they are both Christian, a Church of England might agree to marry them.

- What are the chances of him getting caught or being reported by the register office to the UKBA? It is highly likely that the Registry Office will report the marriage application to UKBA.

- If they do get married in the UK legally, will he have to apply for a spouse visa from the UK or go back to India and apply from there? He has no legal basis to make an application from within the UK, unless he could show that it would be a disproportionate infringement of his Human Rights to be required to return and apply in India. He would be unlikely to succeed in that without legal assistance, which might prove expensive. Either way, one requirement for a spouse visa is passing an English test.

- My friend is living on public funds, will this be an issue? Maybe, maybe not. The applicant must be able to show that he can be supported and accommodated without recourse to public funds, but if his spouse does not require any extra support because of the marriage he should be ok. (That is the law at present, it might be changed to stipulate a minimum income requirement for sponsors)

- My friend already has one defendant, will this be an issue? Dependant, I guess? Assuming it's not his child, it's probably not a factor.

- Will my friend be able to live with him legally in the UK after they get married and how long will it take for him to get a British Passport? If granted Leave to Remain or an Entry Clearance as a spouse, he would be given 2 years' stay in the UK. At the end of that, subject to passing the Knowledge of Life in the UK test (a different test from that already mentioned), and subject to the marriage still subsisting, he could apply for Indefinite Leave to Remain. After a further year he would be entitled to apply for naturalisation as a British Citizen.

Other things being equal, it should be a much quicker, and possibly cheaper process for him to return to India and apply. However, they have to bear in mind that if he applies that way, although his previous illegal entry would not on its own count against him, combined with illegal working in the UK it could attract a refusal under Para 320(11) of the Immigration Rules, that his actions have "frustrated the intentions of the Rules". Any attempt to conceal any of his previous history could make it even worse, as a deceptive application would attract a ban for at least 10 years. They have to balance that against the possibility that he could be arrested on the steps of the Registry Office on his wedding day.

[angeeezez]

Dear Mr . Rusty ,

very interesting reply.

What would happen if he applied for residence permit of a European National spouse instead of applying for British papers ? pray tell .

[Mr Rusty]

Dear Mr . Rusty ,

very interesting reply.

What would happen if he applied for residence permit of a European National spouse instead of applying for British papers ? pray tell .

The application would be refused, because the sponsor is a UK citizen living in the UK, therefore UK Immigration Rules apply. The EEA Regulations would only apply if the sponsor were a national of another EU state exercising their EEA Treaty rights to live and work in the UK.