Getting married to a girl whose LTR is expired!

[huqqapani]

My friend has ILR he is going to marry a girl who originally came on a student visa roughly 4 years ago. The college got closed within few months of arrival. She then didnt bother renewing her visa. Long story short she has been living illegally but my friend has decided to marry her.
What steps can they both take to ensure that eventually in however many years she can legalise her status as my friend's spouse. Both of them have agreed that the girl is not to return to her home country in south asia.
Any advice will be much appreciated.

[CR001]

They will have difficulty getting married. They have to give 28 days notice at an approved Registrar of their intention to marry and the Registrar is obligated to inform HO when a non-EU national wants to marry and this notice period can be extended to 70 days pending an investigation by HO.

As the girl is here illegally, she will not be successful in being able to get married.

She also cannot apply for a spouse visa within the UK if she does not have a current valid visa. She will have no option but to return to her home country to apply (if HO don't detain and deport her first).

She will also face a 10 year ban on applying for British citizenship from the date she leaves the UK and legalises her stay.

What your friend and the girl 'agree' about not return to Asia is not of any relevance to HO.

[huqqapani]

They are doing islamic marriage. Does that further complicate or does it have no relevance. Also if they were ever to have a child could that reduce the level of difficulty in eventually getting a legal status for the girl?

[noajthan]

They are doing islamic marriage. Does that further complicate or does it have no relevance. Also if they were ever to have a child could that reduce the level of difficulty in eventually getting a legal status for the girl?

Sounds naive.
'Girl' is 10+ years off citizenship.
A child is not a visa.

Suggest this boy & 'girl' get real & come out of 'denial'; they can't hope to get away with such a game.

To regularise, leave country & make a fresh start as adults.

[Casa]

An Islamic marriage won't be recognised under British law. In any event, even if they manage to marry in a Home Office approved Registry Office, this won't change her illegal status.

[huqqapani]

An Islamic marriage won't be recognised under British law. In any event, even if they manage to marry in a Home Office approved Registry Office, this won't change her illegal status.

I got BC earlier this year following 10 years residence. My wife joined me in 2011 from back home. We had the islamic wedding there. Does that mean my marriage is not recognised under British law? She has been given spouse visa based on that islamic marriage certificate.

[huqqapani]

They are doing islamic marriage. Does that further complicate or does it have no relevance. Also if they were ever to have a child could that reduce the level of difficulty in eventually getting a legal status for the girl?

Sounds naive.
'Girl' is 10+ years off citizenship.
A child is not a visa.

Suggest this boy & 'girl' get real & come out of 'denial'; they can't hope to get away with such a game.

To regularise, leave country & make a fresh start as adults.

Can you please run through the fresh start process. She leaves as an illegal person so technically she will not be allowed back in UK until after 10 years right.

[vinny]

Wrong. But they may consider refusing under 320(11).

[Casa]

An Islamic marriage won't be recognised under British law. In any event, even if they manage to marry in a Home Office approved Registry Office, this won't change her illegal status.

I got BC earlier this year following 10 years residence. My wife joined me in 2011 from back home. We had the islamic wedding there. Does that mean my marriage is not recognised under British law? She has been given spouse visa based on that islamic marriage certificate.

There's a crucial difference. If the Islamic marriage complies with the legal process in the country where is took place, then it will be considered to be legal under British law. However, very few mosques in Britain are registered to perform marriages. Even the London Central Mosque requires: "Original Civil Marriage Certificate (extremely important)."