Irregular with British fiancée

[Todo]

Good afternoon all
I'm new to this forum and I'm very impressed with your knowledge. I would like to seek some advice from you if it's possible .
My immigration history is not good at all and I don't want to be judge for that even though I know I'm where I'm thanks to my stupidity.
I arrived in UK as illegal entrant 8 years ago. I had a EU fiancée in 2012 and we were granted a permission from HO to get married. Unfortunately my ex changed her mind one day before wedding. As you understand, HO detained my passport. I didn't leave UK and in 2015 I gave a notice of marriage with a friend of mine. We were invited to be interviewed by HO and I realised we won't pass it as our relationship wasn't genuine so we didn't go.
Right now I live with my British girlfriend. She is willing to marry me.In a couple of months we will reach a 2 years of cohabitation.
I understand I should go back to my home country and apply for a fiancée visa or get married over there and apply for spouse visa. However a solicitor advised me to stay in UK and give a notice of marriage over here. He told that in my situation, staying in UK is the best option. And now I'm in the muddle as I don't know how to proceed. I would like to make it as easy as it's possible for my girlfriend.
I will be very grateful for your advice

[Casa]

Your solicitor should be well aware that 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 separately before the wedding can go ahead, should they choose to do so.

As you have no legal residence in the UK, you risk being detained on the day of the interview.

Also, I assume that the HO still have your passport and you will be unable to marry in the UK without this.

[Todo]

Thank you very much for your reply.
Yes, HO still holds my password but I managed to obtain a new one from my embassy in UK in 2015, so my I'd is not a problem. And yes, I'm aware of the danger of being detained but my solicitor reassured me that he will attend a interview with us and worse come to worse he will bail me.
I'm just not sure if I can trust him. What's is your opinion on this? Which way should I choose? Stay or leave voluntarily and apply from my country?

[Casa]

In my honest opinion, you have far more to lose than your solicitor.

If I were in your situation I would return to my home country, marry there and then apply for a spouse visa to return to the UK legally.
I'm assuming that your fiancee meets the minimum earnings condition of £18,600 p.a

[Todo]

I must admit that this is my point of view as well. However my solicitor warned me about a possible complications during the process simply because my immigration history.basically he told me, that the process of obtaining a spouse visa will take years for me and my girlfriend can not stay with me in my country. And yes , she makes more than double money required for a spouse visa.
Our solicitor even suggested for her to get pregnant so I won't be detained and deported. I'm not a fan of this option at all. I don't think it's a good idea to create a new life in my situation.i want to take responsibility for my future kids and be sure I can be around.
Solicitor explained to me that I won't face a ban for being here illegally if I'm not working. The situation might change if I start work and HO will catch me working

[Casa]

Why does the solicitor believe it will 'take years' to succeed in a spouse settlement visa from outside of the UK?

A spouse settlement visa can't be refused under 320(7b) and can only be refused under 320(11) if you have 'frustrated the Immigration Rules' during your time here.
Read through the conditions for a refusal under 320(11) to check whether any of these apply to you:
https://www.gov.uk/government/publicati ... raph-32011

[Todo]

Many thanks for the link. None of these apply to me apart from being an illegal entrant. I'm not sure how HO classified my first attempt to legalise myself . As my ex changed her mind, the HO prabably expected me to leave but I didn't . Did I frustrate a immigration law? Can it be a reason for a refusal?
And my second attempt with my friend when I didn't attend my interview and simply run away?

[Casa]

Many thanks for the link. None of these apply to me apart from being an illegal entrant. I'm not sure how HO classified my first attempt to legalise myself . As my ex changed her mind, the HO prabably expected me to leave but I didn't . Did I frustrate a immigration law? Can it be a reason for a refusal?
And my second attempt with my friend when I didn't attend my interview and simply run away?

Neither of those are included in the 'Frustration of the Immigration Rules'.

[Todo]

Thank you ever so much for clarifying this.