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Can an italian girl marry a nigerian living in UK illegally?

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peckham
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Can an italian girl marry a nigerian living in UK illegally?

Post by peckham » Thu Jan 24, 2008 5:10 pm

Hi to everyone!
I am italian and I met my boyfriend in London. Since his application as asylum seeker was rejected 6 yrs ago He's been living illegally in Uk. Moreover his embassy lost the passport and he was recently deported back to London from switzerland, trying to escape to Spain. The authorities took his fingerprints.
Now, I want to help him. He actually wouldn't like to get married to get the paper but for me if there is a chance...
My question is: can I marry him in UK? Alternatively, does anybody know how can I do from Italy? What if I marry him in Nigeria?
Thanks to anyone can give me a clue!!! :(

sakura
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Location: UK

Re: Can an italian girl marry a nigerian living in UK illega

Post by sakura » Thu Jan 24, 2008 7:27 pm

peckham wrote:Hi to everyone!
I am italian and I met my boyfriend in London. Since his application as asylum seeker was rejected 6 yrs ago He's been living illegally in Uk. Moreover his embassy lost the passport and he was recently deported back to London from switzerland, trying to escape to Spain. The authorities took his fingerprints.
Now, I want to help him. He actually wouldn't like to get married to get the paper but for me if there is a chance...
My question is: can I marry him in UK? Alternatively, does anybody know how can I do from Italy? What if I marry him in Nigeria?
Thanks to anyone can give me a clue!!! :(
The UK has a new regulation that non-EU citizens need to apply for a Certificate of Approval (CoA) to marry in the UK. At present, it is a bit fuzzy but you ususally have to be in the UK legally to apply for a CoA. This rule applies to all types of marriages...Islamic, Catholic, Jewish, etc...naturally, some places might circumvent the rule, but as a rule, you need a CoA. Visit the Home Office website... http://www.bia.homeoffice.gov.uk/visiti ... ngmarried/ and read about it.

As for getting married in Italy...you should visit the website of the Ministry of the Interior/Immigration, as it would all be written in Italian. So can't help you there :)

Why was he deported to London instead of Nigeria? Was he travelling on a false passport? What has happened to him now? Why was he trying to get to Spain? Finally...how long have you lived in the UK?

freshprince
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Post by freshprince » Thu Jan 24, 2008 7:33 pm

I think your last suggestion(marrying him in Nigeria) would be the most sensible one IF your relationship is genuine and its what you BOTH want,note that his fingerprints were taken and would be on a database of some kind both in the UK and possibly Schengen(SIS) as well so he cant go moonlighting under a different identity.Your greatest hurdle after the marriage will be proving that yours isnt a marriage of convenience.Italy judging from what I have read from Richard66 seems to have have the freindliest interpretations for relevant EU laws in relation to acquiring citizenship as i think there is no requirement for you both to even live in Italy(please crosscheck).After your marriage,if you both wish to return to the UK then he would be applying for an EEA family permit as your spouse but note that his bonafides should be exactly the same as that used for his unsuccesful asylum bid so hes not accused of falsifying his identity.

Sorry I cant be of much help about the marriage in the UK but based on what you wrote,it seems nigh impossible,at the very least he needs to have ID,he has none,so get his passport,and any and all proof of a relationship between you too for any subsequent applications in the future.His casefile without that is definitely going to be problematic if your proof of a subsisting and genuine relationship is NOT rock solid.

All the best.

Might want to read this http://www.savethechildren.org.uk/caris ... /sr_10.php

peckham
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Post by peckham » Thu Jan 24, 2008 10:55 pm

Thanks everybody for the help. To answer the questions: He doesn't have passport so...of course he was travelling on a false identity. If that means he cannot travel on another identity than the one he used to go in Spain, how can we apply for a visa from Nigeria to Italy? And....how he can get to Nigeria if he doesn't hold any paper?
It's very complicated....but in all, YES it's a genuine story!And he so a nice man that deserve all my obstinacy to get trough!

archigabe
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Post by archigabe » Fri Jan 25, 2008 12:51 am

Persons who agree to return voluntarily to their countries of origin can obtain financial assistance towards doing so through the International Organisation for Migration (IOM) who normally pay the return airfare of such persons and can also assist the persons concerned re-integrate in their countries of origin by advising on training and employment opportunities etc. The Department of Justice, Equality and Law Reform also directly assists persons who wish to return voluntarily to their countries of origin by providing administrative and other supports to persons requesting such assistance.
http://www.inis.gov.ie/en/INIS/Pages/WP07000054

http://www.iom.int/jahia/jsp/index.jsp

You will need lots of time,money and patience to regularize your boyfriend's status...could even be years. I hope you are under no illusions about a quick fix.

sakura
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Joined: Sun Feb 25, 2007 9:29 pm
Location: UK

Post by sakura » Fri Jan 25, 2008 10:01 am

The problem is that when people start using false identities, it creates a problem in the future about genuine applications. The fact that he's already been deported back to the UK and had his fingerprints taken means he's probably on some database, and as such his immigration history thus far would only serve to damage plans to return to the UK once he leaves.

http://www.immigrationboards.com/viewto ... e+identity

I am not 100% certain about applying for a visa from Nigeria, once you get married, but they would probably take his immigration history into consideration.

freshprince
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Post by freshprince » Fri Jan 25, 2008 2:01 pm

Thanks everybody for the help. To answer the questions: He doesn't have passport so...of course he was travelling on a false identity. If that means he cannot travel on another identity than the one he used to go in Spain, how can we apply for a visa from Nigeria to Italy?

He should proceed to the Nigerian embassy in London from where he will be issued something called an emergency travel certificate(kindly cross check)which would enable him to exit the country.The fact he left voluntarily might be taking into consideration later.(if he intend to return to the UK)Whilst in Nigeria,you can both get married and proceed to the Italian consulate in Nigeria,buzzed a few freinds there(Press Corp)and they provided this tidbits,proceed to the embassy in the capital city(Abuja)that is, if the visa section has been reopened,it was shut down a while back because of being too "freindly"to applicants,in any case you might want to see the Deputy Ambassador,a chap called Dr Longo(hope I spelt that right) and explain the situation to him,hes known in diplomatic circles as being a stand up guy,Italy doesnt exactly practice the 6 month EEA sojourn before returning to Italy under EEA rules so you should be able to return to Italy together in the shortest possible time.

Hope this is slightly helpful.Like the last contributor said,he has to be spot on about identities and not get that mixed up,in that regard you might want to get a solicitor to draft an affidavit stating what is true and what is not in the event this is more complicated than it looks.

Good luck Peckham,hey you are an Italian anyway,make em an offer they cant refuse. :wink:




And....how he can get to Nigeria if he doesn't hold any paper?
It's very complicated....but in all, YES it's a genuine story!And he so a nice man that deserve all my obstinacy to get trough!

He can and will get a ETC from the Nigerian embassy if he approaches them and tells them he wishes to return.Its standard proceedure.

sakura
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Location: UK

Post by sakura » Fri Jan 25, 2008 3:32 pm

Following on from freshprince's post...

If your plan is to return to the UK with him, you will need to apply for an EEA residence card from the British High Commission in Nigeria. That's once you get to Nigeria and get married, etc.

lovethisfairy
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Post by lovethisfairy » Sat Jan 26, 2008 11:19 pm

hey you dont have to get married for him to be able to return to come and stay with you, you could apply for a fiancee visa and that means in the 6 month visa they give you you can get married or you can live together like you are married. i married a nigerian male in nigeria almost 2 years ago and we are still fighting to get him back now, it really is not that easy to get them back from my experience :)

freshprince
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Post by freshprince » Sun Jan 27, 2008 3:54 pm

i married a nigerian male in nigeria almost 2 years ago and we are still fighting to get him back now, it really is not that easy to get them back from my experience
That is subjective.Peckham is Italian which means that EEA rules would facilititate the proceedure and in this case Directive 2004/38/EC which is not as convoluted as UK immigration regs,in his case given his immigration history this might be especially difficult but then each case is weighed on its own merits,depending on the couple in question,it is not mandatory for him to return to the UK immediately,France is the least peckish member state when it comes to issuing the Schengen version of EEA family permits so a visit to that consulate might be in order,it will at the very least facilitate a return to Europe within the shortest possible time where his status can be regularised as a TCN seeking to exercise freedom of movement.

The marriage in itself cannot be fully demonstrated by a piece of paper saying Jack and Jill are legally married,therein lies the rub,the onus is on you,the applicant,to prove your marriage is genuine,subsisting and will be long term.

auto_w
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Damn

Post by auto_w » Tue Jan 29, 2008 9:18 pm

I'm in the same situation like your Nigerian friend - i wish i could find someone like you to help me, but i'm not black i'm former USSR-so i guess it's not cool-anyway
In his case he gotta get back to Nigeria first-he can go to the embassy and say that he lost his passport and need a paper to get back -he might need a report from police for that-pretty easy to get go to any police station and tell them that you lost it somewhere at the party
Nigerian embassy might also ask something else like a copy of his birth cert or previous passport-then he would need to contact his relatives or friends so they can fax this to him
Now if he really had trouble back in Nigeria he ain't gonna do it-if not he will-and then they will issue a paper to travel to Nigeria only-where as been told previously you can get married and apply for a visa for him at Italian embassy-next step after all done in Italy you go with him in UK embassy and apply for visa for him, they might ask a lot of papers to produce-like your status in UK,bank statements,etc. -if you get it all then you can get back to Uk legally
That's the only way girl-'cause your friend is illegal-all other options are not valid any longer it's 2008
To all people that work for Home office here-you're obvious and my ip is spoofed...
Good luck girl, i wish i had a chance like that.................

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