Advice on marriage in the UK

CHEEKA · Post by **CHEEKA** » Thu Aug 02, 2012 2:37 pm

I am posting on behalf of a friend .

My friend would like to marry an Indian National in the UK and she is British.

They are currently engaged and would like to get married.

I believe he maybe an illegal immigrant and I am unsure of how he entered the UK.

My friend would like to know ,

1)Can they get married?

2)What are the possible problems with getting married ?

3)Can they then apply for residence papers for her husband?

She has already seen 2 lawyers and has been given 2 different conflicting opinions.

Is there any advice I can give my friend?

Than you in advance for any help and information.

Post by **Lucapooka** » Thu Aug 02, 2012 2:45 pm

1, Yes
2, Do you mean with regard to immigration or just being married in general?
3, Not from inside the UK.

CHEEKA · Post by **CHEEKA** » Thu Aug 02, 2012 2:59 pm

Thanks for replying.
I am sorry I could not provide too much information.
My friend is worried that the plod might turn up on her wedding day and cart her away.
I have assured her that as this will be a genuine marriage she should have no problems on the day , it's after the fun begins.....
(papers, papers , papers)
She has been previously advised that they could not get married in the UK, so she would relly like some information on what the steps would be to get married and what happens after that for him to be able to obtain papers.

All help and advice and comments appriciated , links to offical websites quoting the law especiall welcome.

Thank you all very muchfor your time and help.

Post by **Lucapooka** » Thu Aug 02, 2012 3:05 pm

There is nothing to prevent the marriage but there is nothing to stop the police turning up before, during or after. It would entirely depend if the registrar suspected a sham marriage and declared those misgivings to the relevant authorities.

CHEEKA · Post by **CHEEKA** » Thu Aug 02, 2012 3:11 pm

Thank you for your reply , I understand that this could happen , and there is an age difference , but as it is a genuine relationship and a genuine marriage I don't expect her to have too many problems in that respect.

I am unsure if the onus is on the plod to prove a sham marriage or on her to prove it is not a sham marriage , but either way , it is a genuine relationship, and would be a genuine marriage.

Post by **Casa** » Thu Aug 02, 2012 4:47 pm

As you ask about 'papers' it appears that you may be missing the point that after the marriage he will not be able to legalise his stay by applying for a spouse visa from within the UK. He'll have to return to his home country to do this. The new regulations are even tougher.
The police (or plod as you call them) won't be involved in deciding whether the marriage is genuine or not. It would be between the registrar and the UKBA.

CHEEKA · Post by **CHEEKA** » Thu Aug 02, 2012 4:59 pm

Thank you for your reply . I can assure you I have not missed any point, maybe you have. When I was asking about " papers " , I was talking about residence cards , permits or whatever you want to call them. I am British currently residing in France with a Moroccan husband , who has "papers" for France, they call them 'carte de sejour' or 'titre de sejour' here , translated 'title of stay'. I called them "papers" as I do not know the correct terms to
use for British residence cards etc. ,and I did not honestly expect a pedantic reply , maybe English is not your first language and you do not understand my questions.

"The plod" is a common term used in the UK, and no disrespect was intended and none implied. If you took offence to that term, then the offence is with you, not with me.

I was asking for some good advice as my friend genuinely has been given differing opinions, and I am currently applying for an EEA family permit for return to the UK with my husband and I do not have a lot of time to help her.

Thank you for all your time and help

Post by **Lucapooka** » Thu Aug 02, 2012 5:05 pm

Anyone who refers to the police as 'the plod' is intending disrespect; obviously so to any reasonable person.

Post by **Casa** » Thu Aug 02, 2012 5:18 pm

English is my first language and I understand the term 'plod' which is rarely used here. However, what I was intending to relay is that applying for 'papers' as you call them to legalise his stay, is not possible from within the UK. The marriage won't change his status from an immigration point of view.
Assuming your friend isn't an EU citizen and is British the UK doesn't issue residence permits, they grant visas. A spouse visa can only be applied for outside of the UK.
You asked if there would be problems on the day of the marriage. If the registrar doubts the relationship and informs the UKBA, then there is a risk that he could be arrested on the day at the registry office.

CHEEKA · Post by **CHEEKA** » Thu Aug 02, 2012 5:26 pm

I am a reasonable person and I do not agree with you .

You are entitled to your opinion , I asked for advice and I did not expect to come here and get a character assasination.

Thanks for all your time and help

CHEEKA · Post by **CHEEKA** » Thu Aug 02, 2012 5:28 pm

Thank you casa , you made that much clearer , we use the term "the plod" (among others) quite commonly in Scotland , maybe it is a regional difference.

Thank you for all your time and help

cs95tdg · Post by **cs95tdg** » Thu Aug 02, 2012 5:29 pm

You may also want to ask your friend to refer to the information posted under the UK Border Agency website below for more details on the immigration visa category her partner would need to apply under outside of the UK:

http://www.ukba.homeoffice.gov.uk/visas ... spouse-cp/

Post by **Casa** » Thu Aug 02, 2012 5:30 pm

What a strange response. Have I missed something here? You've been advised by two of us now that he will be unable to apply for a spouse visa from the here after the marriage. You may not like the message, but please don't take it out on the messengers.

Post by **Lucapooka** » Thu Aug 02, 2012 5:30 pm

Do you use that expression to the police with their complicity? Do the police in Scotland refer to themselves in that capacity?

CHEEKA · Post by **CHEEKA** » Thu Aug 02, 2012 5:45 pm

I never once asked about his ability to apply for a spouse visa inside the UK . My question was only what would have to happen after the marriage for him to get papers (generic term) , you mentioned spouse visa, not me.

CHEEKA · Post by **CHEEKA** » Thu Aug 02, 2012 5:47 pm

Do you really expect me to comment on what the Scottish police call themselves ,if you really want an answer , ask them.

cs95tdg · Post by **cs95tdg** » Thu Aug 02, 2012 6:12 pm

CHEEKA wrote:I never once asked about his ability to apply for a spouse visa inside the UK . My question was only what would have to happen after the marriage for him to get papers (generic term) , you mentioned spouse visa, not me.

Without adding fuel to fire here, purely for clarity in case there has been a misunderstanding; what both Casa & Lucapooka responded to was in fact your question "what would have to happen after the marriage for him to get papers?". I.e. in the UK immigration system what you term as "papers" equates to a "spouse visa". They also highlighted the fact that he would need to leave the UK to apply for this, as you may have assumed that he could have done this in-country otherwise. But I agree you didn't ask for that last piece of information explicitly.

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Advice on marriage in the UK

Advice on marriage in the UK

Thanks

Thanks

Thank you casa

Reasonable

casa

Re: Thank you casa

Casa

Luca

Re: Casa