Illeagal status

[Naheedsammar]

Hi all,

I need urgent help from you guys plz. I am not sure if I am using the right place to raise the question so I do apologise if am not and would b obliged for any guidance.

Story in short is I had my ILR this year n curruntly in process of getting my kids registered as British citizen. My husband came here in 2000 as illeagal immigrant and never applied for anything at all. We got married(Islamic) n have four kids now I want to apply for my husband on the basis of family life or human right ( don't know what should I do) so plz help me how I should start n what should I do?

Thanks a lot for your time and any valuable advise would be highly appreciated.

[physicskate]

Hi all,

I need urgent help from you guys plz. I am not sure if I am using the right place to raise the question so I do apologise if am not and would b obliged for any guidance.

Story in short is I had my ILR this year n curruntly in process of getting my kids registered as British citizen. My husband came here in 2000 as illeagal immigrant and never applied for anything at all. We got married(Islamic) n have four kids now I want to apply for my husband on the basis of family life or human right ( don't know what should I do) so plz help me how I should start n what should I do?

Thanks a lot for your time and any valuable advise would be highly appreciated.

Are you earning above £18,600? Once the kids have BC, your spouse should apply for entry clearance (from their home country) using VAF4A and Appendix 2. You may have to apply for the fiance visa if your marriage is not formally recognised by the UK.

[secret.simon]

My husband came here in 2000 as illeagal immigrant and never applied for anything at all.

What visa did your husband arrive on and when? If not on a visa, how did he arrive? I am presuming from this statement that your husband has never left the UK since 2000 either. Did you have an Islamic marriage in this country or in another country before he arrived here? Do you have any documentary evidence of such marriage? I also presume that all your children were born in the UK (hence registration after ILR).

The Home Office is hardly going to look kindly at somebody who has been illegal in the country for the past 15 years and I would not be surprised if his application is scrutinised vigorously.

We got married(Islamic) n have four kids

Islamic marriages do not count in this country, unless you also got married at the registry office. What would count would be cohabitation in "a relationship akin to marriage" for atleast two years. You will require proof such as joint bank accounts, joint tenancies, etc. I presume that four children together would also constitute some proof, but further proof mentioned above will also be needed.

Your husband could apply on Form FLR(FP). If successful, he will get a renewable 2.5 years Leave to Remain. He will need to renew it atleast twice, before he completes 20 years (legal+illegal) stay in the UK, when he may be eligible for ILR (assuming that the rules do not change).

Citizenship is atleast ten years from the day that he legalises his situation (i.e. ten years from the grant of FLR(FP)).

[Naheedsammar]

@secret.mission,
Thanks a lot for reply. My husband came through port through agent n never went out of uk since then. We married in registerd Islamic centre in Central London in 2006 n we have proper merrage certificate. Our kids born here in uk n we have birth certificates too with his name as father on it. We have joint acct too but it's from 2008.

Would be happy to answer any question to guide me in right direction.

Kind regards

[secret.simon]

OK, so it sounds like your husband entered the UK illegally.

Does he have any proof of having entered the UK in 2000? What is the earliest proof of residence that he has? Did he have bank statements in his name, a tenancy, etc? The reason that I ask is that he could possibly get ILR in 2020 if he can prove that he was in the UK for 20 years (legally or illegally).

Islamic marriage are not recognised in the UK, but four children, a joint account and a certification of an Islamic marriage could be considered by the Home Office towards "a relationship akin to marriage".

I would repeat my earlier advice of applying on FLR(FP) after your children are successfully registered as British citizens. From the sounds of it (as he entered the country illegally), he would only be eligible for ILR after 10 years legal residence in the UK and 11 years for British citizenship.

[Casa]

OK, so it sounds like your husband entered the UK illegally.

Does he have any proof of having entered the UK in 2000? What is the earliest proof of residence that he has? Did he have bank statements in his name, a tenancy, etc? The reason that I ask is that he could possibly get ILR in 2020 if he can prove that he was in the UK for 20 years (legally or illegally).

Islamic marriage are not recognised in the UK, but four children, a joint account and a certification of an Islamic marriage could be considered by the Home Office towards "a relationship akin to marriage".

I would repeat my earlier advice of applying on FLR(FP) after your children are successfully registered as British citizens. From the sounds of it (as he entered the country illegally), he would only be eligible for ILR after 10 years legal residence in the UK and 11 years for British citizenship.

@secret.simon Islamic marriages are legally recognised in the UK if they have taken place in a Mosque that is registered to perform marriages under British law.

[secret.simon]

@secret.simon Islamic marriages are legally recognised in the UK if they have taken place in a Mosque that is registered to perform marriages under British law.

I wasn't aware of that. Thanks for that, Casa. In that case, is the OP married according to British law? And can you comment on the rest of my advice?

[physicskate]

@secret.simon Islamic marriages are legally recognised in the UK if they have taken place in a Mosque that is registered to perform marriages under British law.

I wasn't aware of that. Thanks for that, Casa. In that case, is the OP married according to British law? And can you comment on the rest of my advice?

Having British Children does not automatically mean a grant of FLR (fp), it is not meant to be a get around to the financial rules, which the OP has not answered yet... It would probably be successful, but it may take months or years with refusals along the way. The simplest and easiest way to proceed would be to apply for a spouse visa from abroad. Overstaying will generally be disregarded, though illegal working (if there has been any) or other attempts to frustrate the rules may make the application difficult.

I just heard from a friend who was rejected saying he could maintain a relationship with his son via skype!

[Casa]

@secret.simon Islamic marriages are legally recognised in the UK if they have taken place in a Mosque that is registered to perform marriages under British law.

I wasn't aware of that. Thanks for that, Casa. In that case, is the OP married according to British law? And can you comment on the rest of my advice?

Assuming the Islamic Centre (The London Central Mosque) where the marriage was held the couple would still need to have completed the civil preliminaries required by English law, ie they must have given formal notice of intention to marry at their local register office.

Official guidance: There is no provision for a religious marriage ceremony, be it at a church, temple, mosque, to take place without some form of legal preliminary, ie giving notice (banns for Anglican marriage).

I tend to agree with you that there could be a chance with an FLR(FP) application if they don't have the option of applying from the husband's home country due to not meeting the financial income level.

Edit: However, further to my post above, I note that the Islamic Centre - London Central Mosque lists the following under required documents:
Original Civil Marriage Certificate (extremely important).

If this wasn't adhered to, then they are not legally married.

[Naheedsammar]

Thanks a lot everyone for your valuable advice. It's really helping me to understand where we r standing at the moment. We can get letters from all the landlords where he use to love during this period if it helps. He use to live with his relatives and some other places.
I have downloaded the guidance for FLR(FP) and I have gone through to find out bit more. It's asking for passport or travel docents which he does not have.

Thanks a lot one again for your valuable time.

Kind Regards

[physicskate]

Thanks a lot everyone for your valuable advice. It's really helping me to understand where we r standing at the moment. We can get letters from all the landlords where he use to love during this period if it helps. He use to live with his relatives and some other places.
I have downloaded the guidance for FLR(FP) and I have gone through to find out bit more. It's asking for passport or travel docents which he does not have.

Thanks a lot one again for your valuable time.

Kind Regards

He won't be able to regularise his status without travel docs (passport or stateless person docs).