Need good advice/information regarding my partners status

[AAB1088]

Hi,
I'm in search for some information and guidance regarding my situation.

My partner of two years came to UK on a student visa but has overstayed for roughly 4-5 years, we are now at a stage where we would like to get married unfortunately because of his status we are unable to do so.

As a result we have decided the best thing to do would be for him to return to his home country and legalise his status and bring him back to the UK on a spouse visa. I meet all the requirements so that will not be an issue.

However whilst I have done my own research I am still unclear on certain things.

- I'm aware there will be a re-entry ban but as is he will voluntarily leave at his own expense will the ban only be for 1 year? Or will the fact he has stayed for 4-5 years mean his ban will
Be 5 years?

- will the ban be lifted if I marry him in his own country??

- what is the best way to go about voluntarily leaving?

- his passport has expired will that effect him being able to leave at his own expense? Or would it be best he renews his passport?

- are there any alternative ways we can marry and his status be legalised without having to leave the country?

I am unable to leave the country and go live with him as I have no ties to his home country and have lived in the Uk all my life.

Any advice or guidance would be appreciated.

Thanks

[Casa]

There is no ban if he is applying for a spouse visa, unless it's found that he has 'frustrated the Immigration Rules'. This would include working with false documents, non-payment of NHS charges etc.

[AAB1088]

There is no ban if he is applying for a spouse visa, unless it's found that he has 'frustrated the Immigration Rules'. This would include working with false documents, non-payment of NHS charges etc.

Thank you for ur early reply.
As far as I am aware he has not both of the things mentioned above.

I forgot to ask how long does it take normally for the spouse visa process to complete?

[CR001]

Depends where he is applying from but it can take a couple of months.

[ohara]

- his passport has expired will that effect him being able to leave at his own expense? Or would it be best he renews his passport?

- are there any alternative ways we can marry and his status be legalised without having to leave the country?

He probably won't be able to leave the country without a valid passport (unless he does it clandestinely).

You also won't be able to marry if he doesn't have a passport anyway.

[Casa]

Even if he is able to obtain a new passport, you should be aware that a foreign national wishing to marry in the UK will have to register 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 separately before the wedding can take place. As someone who is in the UK illegally, this obviously puts him at risk of being detained during the interview. Marriage won't legalise his status or give him any special rights.