Marrying an asylum seeker in the UK - Proof of ID

[edu]

Hi All,

I am a Spanish national (EEA) and I would like to marry an asylum seeker.

1.- Her application was firstly made in 2008 and after several appeals and claims, the case still ongoing to date.
2.- When she applied for asylum, she gave her passport to the Home Office.
3.- That passport expired in 2011
4.- Then, she got a "UK Border Agency Registration Card"

We have been refused by the Westminster Council to give notice of marriage since they do not accept her "UK Border Agency Registration Card" on the basis that the information in the card is "as recorded by UK Border Agency, but unverifed".

They have recommend us to:
1.- Apply for a new passport in her embassy
2.- Apply for travel documents to the Home Office

However, we think (1) is not possible given that would mean she withdraws from her asylum claim and (2) does not seem possible either since she does not seem eligible according to https://www.gov.uk/apply-home-office-tr ... t/overview and yet she does not want to travel anywhere.

Which proof of ID could she use for the purpose of getting married?

Thank you

[noajthan]

Hi All,

I am a Spanish national (EEA) and I would like to marry an asylum seeker.

1.- Her application was firstly made in 2008 and after several appeals and claims, the case still ongoing to date.
2.- When she applied for asylum, she gave her passport to the Home Office.
3.- That passport expired in 2011
4.- Then, she got a "UK Border Agency Registration Card"

We have been refused by the Westminster Council to give notice of marriage since they do not accept her "UK Border Agency Registration Card" on the basis that the information in the card is "as recorded by UK Border Agency, but unverifed".

They have recommend us to:
1.- Apply for a new passport in her embassy
2.- Apply for travel documents to the Home Office

However, we think (1) is not possible given that would mean she withdraws from her asylum claim and (2) does not seem possible either since she does not seem eligible according to https://www.gov.uk/apply-home-office-tr ... t/overview and yet she does not want to travel anywhere.

Which proof of ID could she use for the purpose of getting married?

Thank you

Start here:
https://www.gov.uk/marriages-civil-part ... ter-office

[edu]

Thank you noajthan,

From the following list of documents to be used as proof of name, nationality and age

1.- Valid passport
2.- Birth certificate
3.- National identity card from the European Economic Area (EEA) or Switzerland
4.- Certificate of registration
5.- Certificate of naturalisation
6.- biometric residence card or permit
7.- travel document

I understand that:

(1) It is not possible for the reason explained in my previous post
(2) We will try this one. We have got the original in her language, so we will need an official translation.
(3) Non applicable
(4) Non eligible
(5) Non eligible
(6) Non eligible
(7) Non eligible

Thank you

[ouflak1]

I don't see how applying for a new passport would invalidate her application. As long as she is who says she is, and that is the same person is on the passport that is with the Home Office, I don't think it will affect her current pending application at all. I think the bigger issue will be whether she can apply without submitting the previous passport to be cancelled.

[Obie]

A person claiming refugee status cannot approach his or her country of alleged persecution for documents, without this having an adverse effect on their citizenship application.

OP can apply for Residence Card as an unmarried partner.

[Casa]

How long have you been living together in a 'durable relationship' ?

[edu]

Thank you all for your responses.

I have tried contacting the Westminster Council to book the appointment for giving notice of marriage.

They have refused booking any appointment since she does not have a valid proof of ID. They do not accept the original Birth certificate in the company of a certified translation into English.

As far as I know she could get the Residence Card as an unmarried parter after two years living together. Unfourtunately we have been only living together for 9 months so that does not seem a possibility.

I can therefore conclude that asylum seekers do not have the right to marry in the UK ,which in my opinion is a clear breach of their human rights.

[avjones]

I don't see how applying for a new passport would invalidate her application. As long as she is who says she is, and that is the same person is on the passport that is with the Home Office, I don't think it will affect her current pending application at all. I think the bigger issue will be whether she can apply without submitting the previous passport to be cancelled.

It most definitely could cause a problem. It is "re-availing yourself of the protection of your country of origin".

[ouflak1]

A person claiming refugee status cannot approach his or her country of alleged persecution for documents, without this having an adverse effect on their citizenship application.

It most definitely could cause a problem. It is "re-availing yourself of the protection of your country of origin".

I don't want to derail this thread. But something doesn't seem quite right about this. For example there are currently many refugees from Syria who have fled the violence that there government can't protect them against (ISIS and other extremist groups), but the Syrian government is still operating its consulates around the world. So those refugees couldn't get passports and other consulate assistance from their own country until the violence subsides (ISIS is finally defeated)? That sounds crazy.

I could understand if those refugees were fleeing from their government. But there are many situations around the world creating refugees where that is simply not the case, most notably wars between countries where military control of areas of land are changing hands.

[avjones]

It's possible to argue that in particular circumstances obtaining a passport isn't re-availing yourself.

It's extremely unwise to risk it.

[edu]

I have read that we could ask Home Office for a certified copy of the passport. However we are scared this would mean an implicit withdrawal from ther asylum claim even if our application was only for identity purposes.

Does any one know which is the procedure for doing this?

Would this be useful, given that her passport is already expired?

Thank you

[Christine09]

I thought you need to notify home office before marrying a person without status or current application is pending. After home office has approved the marriage then you can go and marry with local authorities.

Is it not the case anymore?

[edu]

I thought you need to notify home office before marrying a person without status or current application is pending. After home office has approved the marriage then you can go and marry with local authorities.

Is it not the case anymore?

It seems that the Certificate Of Approval (COA) was abolished years ago for being incompatible with EU Human Rights laws.

[Casa]

I thought you need to notify home office before marrying a person without status or current application is pending. After home office has approved the marriage then you can go and marry with local authorities.

Is it not the case anymore?

It seems that the Certificate Of Approval (COA) was abolished years ago for being incompatible with EU Human Rights laws.

Correct. However, the procedure for a marriage which where one or both are foreign nationals has now been tightened up following the withdrawal of the COA. A couple must register their intent to marry at a 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 the couple if they choose to do so before the wedding can take place.

[angimeedu]

Dear All,

I understand that this post is from 2 years ago, however my partner and I are in the exactly same situation now. We have already requested copy of the expired passport, unfortunately they do not accept this. Can you please let us know how did you resolve yours?
Your help is much appreciated.

[Casa]

Dear All,

I understand that this post is from 2 years ago, however my partner and I are in the exactly same situation now. We have already requested copy of the expired passport, unfortunately they do not accept this. Can you please let us know how did you resolve yours?
Your help is much appreciated.

The member edu hasn't visited the forum since May 21, 2017