Please Help, Failed Asylum

[LiveAndLetLive]

Hello Everyone,

Thank you for visiting my topic, I hope you can all help me

Okay so I'm a 24 year old, employed British female.
I have been in a genuine relationship since I was 18. We both met at college.
He is a refused asylum seeker. He has exhausted all his asylum claims.

For a long time I didn't marry him because of cultural differences and my parents didn't want to accept it (story of my damn life). But now I've had enough and We really want to get married. Plus I want to go back to his country and visit his family with him too.

Please can you tell me what can we do. I have spoken to immigration officers in my family and they have given their advice but it sounded biased as they are within the family. Like what is the process. Is it simply. We get married at the registry and then he applies for a visa.

Please if you would kindly give me your best advise I would be extremely grateful.

Kind regards x

[Casa]

Not that simple.
1. Marriage. In order to marry in the UK you are required to register your intent with a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO who can then extend the notification period from 28 to 70 days in order to interview you both. As a failed Asylum seeker with no valid leave, you should be aware that the HO could take moves to remove him from the UK before the wedding can take place.
He would also need to show his passport to the Registrar. Does he have one in his possession?

2. A visa. Even if you are very fortunate and the wedding is allowed to go ahead, this won't legalise his stay. He will be unable to apply for a spouse visa from within the UK and would have to return to his home country and apply from there. That's assuming that you as his sponsor meet the minimum income level of £18,600 and all the other requirements are met.

3. You could of course marry in his home country and apply for a spouse visa and if this is granted he could then legally re-enter the UK.

[noajthan]

Or 4: marry (somewhere, possibly in home country - if, as failed asylum seeker it's possible to go 'home' - not sure);
then go and live in a.n.other Union memberstate in Europe to take the Surinder Singh route,

(Assuming no Brexit - not sure).

[Casa]

Or 4: marry (somewhere, possibly home country - if, as failed asylum seeker it's possible to go 'home');
then go and live in a.n.other Union memberstate in Europe to take the Surinder Singh route;
(assuming no Brexit).

Thanks noajthan, I missed that option. I guess there's no problem travelling back to the home country, as the OP says that she wants to visit with him and meet his family.

[LiveAndLetLive]

Hello Everyone,

Thank you for your responses,

1) what about the right to marry?

Kind regards x

[Casa]

Not that simple.
1. Marriage. In order to marry in the UK you are required to register your intent with a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO who can then extend the notification period from 28 to 70 days in order to interview you both. As a failed Asylum seeker with no valid leave, you should be aware that the HO could take moves to remove him from the UK before the wedding can take place.
He would also need to show his passport to the Registrar. Does he have one in his possession?

2. A visa. Even if you are very fortunate and the wedding is allowed to go ahead, this won't legalise his stay. He will be unable to apply for a spouse visa from within the UK and would have to return to his home country and apply from there. That's assuming that you as his sponsor meet the minimum income level of £18,600 and all the other requirements are met.

3. You could of course marry in his home country and apply for a spouse visa and if this is granted he could then legally re-enter the UK.

I've already answered your question on the right to marry. See 1 above. The HO can remove someone without legal status before the marriage can go ahead.
Does he have his passport? Are you still under the misconception that by marrying he would then have the right to remain here?

[secret.simon]

Hello Everyone,

Thank you for your responses,

1) what about the right to marry?

Kind regards x

You have the freedom to marry whomever you like, but that does not mean that s/he gets the right to live in the UK, as Casa has already explained.

However, if you are married, he has the absolute (i.e. undeniable/can not be refused) right to live with you in any other EEA country (other than ones of which you are also a citizen).

So, your first hurdle is to actually get married.

Then, your best bet, if you want to stay together, is to move out of the UK to another EEA country and exercise treaty rights there (the UK interprets that as working there) for a few months at least, before returning to the UK under EU law.

[Casa]

The hurdle is a big one. You don't have the freedom to marry in the UK if the Home Office take the view that your relationship isn't genuine or decide to remove your partner before the marriage can take place. That's the reason for the pre-wedding interview.
You haven't confirmed whether he is in possession of his passport.

[LiveAndLetLive]

(: Hello All!

I hope you can all help me as I am extremely confused.

Basically my partner of 7 years is an asylum seeker.
We wanted to get married so we basically gave notice to a designated register.
Then we were told our notice is extended and we were called in to the home office for interviews.
They basically asked us loads of different questions and we had to give proof of being together.
Which was extremely easy.
They said it was okay for us to get married and gave us the go ahead.
I did ask them does this mean they were going to arrest us on the day.
And they no because we complied with them and we didn't go ahead get married without consent.

So basically now what happens?
Do I get married and my partner automatically gets citizenship, like what happens next?
Do I have to apply for a visa?
The lady in he home office seemed confused she said something about treaty rights and hi getting the same but i don't really know if she was just saying that to be honest,

Please can somebody tell me.
Kind regards
xxx

[Casa]

He's a very long way off from qualifying for British citizenship. What nationality are you?

[CR001]

He's a very long way off from qualifying for British citizenship. What nationality are you?

@casa, the OP is British. I have merged the two topics.

[ohara]

Do I get married and my partner automatically gets citizenship

Not quite as easy as that. He will need to have been in the UK for probably a minimum of 3 years for a start.

[CR001]

Do I get married and my partner automatically gets citizenship

Not quite as easy as that. He will need to have been in the UK for probably a minimum of 3 years for a start.

It is 5 years. Spouse requires ILR first which can only be applied for after 5 years on spouse visa.