Overstayer Mother; British Father; 20 months baby, wanting to get married

[Analyser1983]

Hi All,

Me and my overstaying on tier 4 visa partner of 2.5 years attempted to get married in order to make our relationship official, and we've been subsequently referred to the Home Office.

Nearing the end of the 70 days notice period, UKBA/Home Office invited us for an interview. At the end of the interview, the interviewing agent verbally declared our relationship to be geniuwine and returned my British passport. However, the agent retained my partners foreign passport and instructed her to report at the reporting centre.

Now we find ourselves unable to get married because to do that you're required to produce a valid passport - and this passport is withheld by the home office without any obvious need for it. Some might say it is to ensure and facilitate deportation, but with the imminent application to be lodged and the british born child at play, deportation seems unlikely.

I suspect that this is a ploy / tactic by the home office to sabotage the marriage and buy time. My question is has anyone experienced this scenario where ukba retained one's passport, and if so how did you overcome this situation? Also, is there a way of proceeding with the marriage if one of the partner is without a passport? I've heard horror stories of passport being held by ukba for ages.

[vinny]

If you receive a request for a document to be returned for any other reason, you must tell the holder this is not possible, but the Home Office can provide them with a certified copy. There is no agreed standard wording for this certification, but it is advised it should include the fact the Home Office is holding the document and contact details in case a third party such as a bank wishes to confirm this fact

Will the marriage registrar accept a Home Office's certified copy of the passport?

[Analyser1983]

Will the marriage registrar accept a Home Office's certified copy of the passport?

Hi Vinny, thanks for reply. Interesting piece of document you've attached there! It pretty much explains that the sole objective of this passport retention business is to facilitate removal and make the migrants life a hell.

Will the registrar accept a certified copy? To be honest we've not enquired that for fear of spooking them which might lead into the registrar to become cautions and or reluctant.

But what I do find peculiar is this whole passport confiscation business by the home office which absolutely got us by surprise. It would seem that this practice isn't that common as it doesn't appear to be getting much coverage in these discussions.

[CR001]

It would seem that this practice isn't that common as it doesn't appear to be getting much coverage in these discussions.

It is fairly common, especially for overstayers trying to marry EU citizens (if you read that the EEA/EU immigration sub forum and also the General Immigration sub forum).

[Casa]

We always caution members that if they are attending a pre-marriage interview without a pending visa application, they risk being detained before the wedding can go ahead.

Also assuming you are not an EEA national, marriage won't legalise your partner's status in the UK.

[Analyser1983]

We always caution members that if they are attending a pre-marriage interview without a pending visa application, they risk being detained before the wedding can go ahead.

Also assuming you are not an EEA national, marriage won't legalise your partner's status in the UK.

So true, regarding the arrest caution everything felt on edge and cagy..! This process is an scary one I don't ever want to experience again.

So if you are British by naturalisation then surely you are covered by any existing EEA legislation or regulatory rulings, no? Britain is still part of the EU and EU laws are applicable?

Agreed with the pre-marriage statement.

Also, because they had their 70 days "window" to speak or forever hold their peace, then any possibility of enforcement agents storming the wedding ceremony is unlikely.. would you agree?

Thanks

[Analyser1983]

It would seem that this practice isn't that common as it doesn't appear to be getting much coverage in these discussions.

It is fairly common, especially for overstayers trying to marry EU citizens (if you read that the EEA/EU immigration sub forum and also the General Immigration sub forum).

For the life of me.. never knew.. never heard or read!

So what is the process then? Do the overstayers get their passport back fairly soon or only after the case has concluded?

What is the practice.. do you act careless and then perhaps they'll return? If you pursue this document perhaps it suddenly becomes an highly valued commodity in their eyes and therefore likelihood of recovering it becomes remote?

Please advice on experiences and best practice!

Thanks

[Casa]

The passport is returned if a pending visa application is approved, which it appears you don't have. The UK Immigration Rules apply, not the EEA Regulations.

If you have lived together for 2.5 years, why didn't you submit a FLR(FP) Partner route application

[bathanza]

What heartbreaking story to read. Yes the Home Office are most likely going to try to detain then deport your partner.

As the Casa just asked, if you've been Co habiting for 2.5 years with documentary evidence you should get yourself in a position to file for FLR FP. If your partner has a national ID card this will be useful as a replacement for the passport requirement to make things valid.

Also, if the registrar saw your documents before, and you have approval to marry as per their verbal agreement speak to them about legalising your relationship.

[Analyser1983]

The passport is returned if a pending visa application is approved, which it appears you don't have. The UK Immigration Rules apply, not the EEA Regulations.

If you have lived together for 2.5 years, why didn't you submit a FLR(FP) Partner route application

Cassa,

Excellent suggestion. Scheduled to see the solicitor tomorrow. However, extremely unhappy with lawyer. First lurred us in with low quotation to a maximum ceiling. And when we've signed with him the maximum quotation became his starting point and all the the works he said included initially are now suddenly extras which require additional payments.

He explained that best option is either as married couple or partner route - the 10 year route he called it. Now after your mention of the FLR fp form, I had a quick look at the form and it seems a straight forward form to complete.

My question is can I complete the form myself even though our situation is rather complex given the overstay scenario? And will it impact us adversely if we do not have a solicitors cover letter to go with out application?

And finally are there any specialist organisations that can assist us in completing the form without it costing us an arm and a leg?

[Casa]

The passport is returned if a pending visa application is approved, which it appears you don't have. The UK Immigration Rules apply, not the EEA Regulations.

If you have lived together for 2.5 years, why didn't you submit a FLR(FP) Partner route application

Cassa,

Excellent suggestion. Scheduled to see the solicitor tomorrow. However, extremely unhappy with lawyer. First lurred us in with low quotation to a maximum ceiling. And when we've signed with him the maximum quotation became his starting point and all the the works he said included initially are now suddenly extras which require additional payments.

He explained that best option is either as married couple or partner route - the 10 year route he called it. Now after your mention of the FLR fp form, I had a quick look at the form and it seems a straight forward form to complete.

My question is can I complete the form myself even though our situation is rather complex given the overstay scenario? And will it impact us adversely if we do not have a solicitors cover letter to go with out application? Yes, you can complete the form yourself with no adverse impact by not having a Solicitor's input. Ensure you complete the 10 year FLR(FP) Partner route application (NOT Parent).

And finally are there any specialist organisations that can assist us in completing the form without it costing us an arm and a leg? Not that I'm aware of, but you have support from the hive mind of the forum for anything you're unsure of. Your Solicitor should have warned you of the risks in attending a pre-marriage interview without a visa application in place.

[babyface18]

Good evening all. I really need your advice as always.

I am a British father.

I have a UK born son with my ex-wife. We have been divorced for 6 years.

She is now in the UK and without visa, she has overstayed for almost 18months.

She didn't remarried since we divorced and I was thrilled that she maintained my surname for the child's sake.

Things starts getting better between us and now living together but not married again yet. But she is now 4 weeks + pregnant with my child.

I am sure we might be ask to pay for hospital bill as she is not ordinarily resident in the UK.

This is the main reason I want to register my child with entitlement as a British citizen so I can help my wife to apply for visa as a mother of a British citizen.

My concern now is this mother consent is required on the MN1 form and I am worried if I include her on the form and fill my address as her address. Won't the HO be looking to get her as they will be aware she has not returned back since her last visit ?

Should I include her or not. The child entitlement to British citizenship is based on my British Citizenship as a father.

If I include her on the form, can I use a different residential address for her?

Will there be a problem if I use my address for her.

What should I do?

I need urgent advice.

Thank you for your response.

[babyface18]

Someone please help as I am in the same situation.

Can I remarry my ex-wife who I have two children with?
We were married but divorced in 2012.
I have remarried since then and the second marriage broke down because the woman won't be pregnant.
So we divorced in 2017.
I have been seeing my ex-wife when she comes to the UK for holiday even during the time I was still married to my second wife who won't get pregnant. She brought my son to visit me and there was connection between us again and she became pregnant for me in 2013 and had a child in 2014. So it occurred to me that I was not the problem for not impregnating my second wife. It is the woman that didn't want to have kids but she was not honest with me.

My challenge now is that my ex-wife and my second son(US Citizen) is an overstayer in the UK and I have already obtained British citizenship for my son born in the UK in 2011. The second son I had with my ex-wife while still married to my second wife was born in the US.

Things have now been good between me and my ex-wife and she is pregnant again and the baby is due soon. Although, we have not remarry as I am been careful not to rush into remarrying her but we have affairs together.
I am thinking of applying for her so she can have a residence status.

Is it allowed to remarry one's ex?
And what is the best visa route to apply for her?
Thank you very much for your help always.

[Casa]

Someone please help as I am in the same situation.

Can I remarry my ex-wife who I have two children with?
We were married but divorced in 2012.
I have remarried since then and the second marriage broke down because the woman won't be pregnant.
So we divorced in 2017.
I have been seeing my ex-wife when she comes to the UK for holiday even during the time I was still married to my second wife who won't get pregnant. She brought my son to visit me and there was connection between us again and she became pregnant for me in 2013 and had a child in 2014. So it occurred to me that I was not the problem for not impregnating my second wife. It is the woman that didn't want to have kids but she was not honest with me.

My challenge now is that my ex-wife and my second son(US Citizen) is an overstayer in the UK and I have already obtained British citizenship for my son born in the UK in 2011. The second son I had with my ex-wife while still married to my second wife was born in the US.

Things have now been good between me and my ex-wife and she is pregnant again and the baby is due soon. Although, we have not remarry as I am been careful not to rush into remarrying her but we have affairs together.
I am thinking of applying for her so she can have a residence status.

Is it allowed to remarry one's ex?
And what is the best visa route to apply for her?
Thank you very much for your help always.

Please desist from repeatedly tagging your question onto the end of other members' threads. This is not only unfair to the members, but also causes confusion and your situation bears no relevance to the topics you are highjacking

[babyface18]

Oh, my sincere apologies. I didn't realise that. I thought overstayer situation in that post may apply to mine. I was honestly and desperately seeking advise.
Once again sorry about that.