Overstay and get married

[Amika]

Hi. My partner Visit Visa expired 4 years ago , We want to get married in Registry Office . We been toghether about 2 years . He have proof of address , utility bills etc on his name. My partner is from Nigeria and Im from Poland. Our lawyer said we shouldn't be scared about deportation or police couse relationship is genuine. We dont know what to do right now... Someone been same situation before ?Thanks

[peppekalle]

Your partner will have to show their id and if the registrar thinks it is a marriage of convenience they will inform the border agency.

[Amika]

Yeah thanks for replay , his passport is valid but visa expired. Anyone can give more information please. We been in registry office already and they said we need to contact to the Home Office , but our lawyer said we dont have to, just go straight to Registry and book date for marriage. Just a little confused right now.

[SouthWest1]

you do not need to contact UKBA yourself but the registrar might do if he/she suspects the marriage.
up until 2011, there was something called "certificate of approval" issued by UKBA to mainly Illegal and overstayed individuals who wish to get married in UK. the scheme has been abolished and th eonus now is on Register offices to inform UKBA in case they suspect any thing.

just for your information, it is not just "go and book a a date for the ceremony", they will ask you both; probably separately; some questions and depending on your answers, they will either be satisfied the marriage is genuine or not. and in your case, they will ask more questions for sure.

good luck

[Amika]

Thanks for replay, so I should go to the Registry Office with my second half and book a date for ceremony , and they gonna ask some questions ... sounds alright for us. We have a lot proofs our relation is genuine , hope they not gonna do any problems .

[SouthWest1]

phone up your local register office and book an appointment.
let us know how you will be getting on. good luck

[askmeplz82]

Immigration Bill proposed in OCT 2013 becomes law in May 2014


All marriages following civil preliminaries and all civil partnerships in England and Wales will be subject to a 28-day notice period (currently 15 days) from when notice is given to the registration official.

 Non-European Economic Area (non-EEA) nationals will only be able to marry in the Church of England or the Church in Wales following civil preliminaries, except in limited circumstances.

 Notices of marriage or civil partnership involving a non-EEA national will be referred to the Home Office where that person could gain an immigration advantage from the marriage or civil partnership. This will apply where the non-EEA national does not have settled status or an EU law right of permanent residence in the UK and is not exempt from immigration control or holding a marriage or civil partnership visa.

 Notices referred to the Home Office under the scheme will be assessed against intelligence-based risk profiles and factors, together with reports from registration officials of suspected sham cases and other relevant information.

 Where the Home Office has reasonable grounds to suspect that a referred marriage or civil partnership is a sham, it will be able to extend the notice period to 70 days in order to investigate the genuineness of the couple’s relationship.

 A couple will be unable to get married or enter into a civil partnership if they do not comply with such an investigation.

https://www.gov.uk/government/news/immi ... ecomes-law

[SouthWest1]

@askmeplz82

the act will take effect from APRIL 2015.
https://www.gov.uk/government/uploads/s ... rriage.pdf

the same rules are still in place

[Amika]

Immigration Bill proposed in OCT 2013 becomes law in May 2014


All marriages following civil preliminaries and all civil partnerships in England and Wales will be subject to a 28-day notice period (currently 15 days) from when notice is given to the registration official.



https://www.gov.uk/government/news/immi ... ecomes-law

Thanks everyone for replay , we live in Scotland .

[UKBA HUNTER]

https://www.gov.uk/government/uploads/s ... rriage.pdf

i donot think that guideline is for non-EU nationals marrying EU national, read the 2nd Q&A of the same guide which suggests British citizen. Remember few years ago non-eu nationals used to apply "certificate of approval" from ukba before marrying but EU authorities scrapped that plan and ordered to refund the fees. Despite that fact as stipulated in EU directive the host member state can carry out measures that the marriage is not convenience.

[SouthWest1]

https://www.gov.uk/government/uploads/s ... rriage.pdf

i donot think that guideline is for non-EU nationals marrying EU national, read the 2nd Q&A of the same guide which suggests British citizen. Remember few years ago non-eu nationals used to apply "certificate of approval" from ukba before marrying but EU authorities scrapped that plan and ordered to refund the fees. Despite that fact as stipulated in EU directive the host member state can carry out measures that the marriage is not convenience.

i am talking about when the new bill will come in effect.
Also i mentioned the "certificate of Approval" in my original post. the new law will be standard to all regardless of their nationalities including British too