More than 12 Years in UK-Illegal and in Relationship

[waqas070]

Dear All.

Good afternoon to you all.

Below is my timeline;

I have been here in UK for about 12 Years and 3 Months.
I came on a visitor visa and never went back. (Agent helped me get the UK Visitor visa because i had serious life threats - this is just a bit of my background that i wanted to share honestly ).

I am in a relationship with a British Lady, we are getting married Religiously in a few days.

The British Lady is on benefits, she is not working, living in a council house with her 2 Sons (19 and 15 years old respectively).

Presently, my Asylum application is already in the upper tribunal. It was initially refused by the home office and then from the first tribunal, now i have lodged an appeal and waiting for the approval.

Now in the context of all the above, would you please advise me as to how this British Lady being on Benefit , living in a council house can help me on the grounds of ''family life'' or whatever clause will apply on me.

just adding, we are in a serious relationship and thats why we are having religious ceremony first.

If my asylum application gets refused again by the upper tribunal or while my application is still under consideration in the upper tribunal then being in a relationship with a British lady can help me to live here, since she is on benefits or will i be still sent back?

does she have to show that she is working and earning 18k+ to support my application on the basis of our relationship to be considered?


i would appreciate every input into this. if you have any more questions to clarify my case, please ask and i will try to explain accordingly.


thank you very much for your kind help in advance.

best regards

[CR001]

How long have you 'been in a relationship' and if you live together, how long have you lived together?

When you say 'religious marriage', do you mean an Islamic marriage conducted in the UK??

When did you claim asylum and what evidence did you submit that 'your life is in danger'?

What country have you fled from?

[waqas070]

How long have you 'been in a relationship' and if you live together, how long have you lived together?

When you say 'religious marriage', do you mean an Islamic marriage conducted in the UK??

When did you claim asylum and what evidence did you submit that 'your life is in danger'?

What country have you fled from?

Dear CR001 .

First of all thank you very much for your time and reply- much appreciated.

1- We have been in a proper relationship for about 6 Months but i knew that lady for long as a social acquaintance, but till now we dont have any proof of living together. because she is living in a council house with her sons and i live separately.


2- it would be an Islamic Religious Ceremony - i know this is not accept by the home office but as a religious sentiment fulfillment we are going to do it anyways.

3- I fled from Pakistan, came here in 2004- there was some sectarian stuff and i had to leave to save my life.


4- I claimed asylum for the first time 2015 in the year. i was not aware how to claim and there was money factor as well. But i did it anyway when i was caught in 2014. i actually never wanted to claim because i thought the problem will be over and i shall be able to go home one day. this is the whole honest account.

5- The case is still in process as i explained.

6- I have presented all the evidences, police documents, etc etc. for my application.

I hope it helps to clarify my case.


once again many thanks for your time and help.

kindly please advise.

[CR001]

1- We have been in a proper relationship for about 6 Months but i knew that lady for long as a social acquaintance, but till now we dont have any proof of living together. because she is living in a council house with her sons and i live separately.

In this case, there is no basis that you qualify for 'private life' based on your partner. In HO's view, you are currently 'boyfriend/girlfriend' only.

2- it would be an Islamic Religious Ceremony - i know this is not accept by the home office but as a religious sentiment fulfillment we are going to do it anyways.

Correct, this will NOT be recognised and by HO, you will NOT be considered married at all. Again, no way for you to regulise your stay based on this.

3- I fled from Pakistan, came here in 2004- there was some sectarian stuff and i had to leave to save my life.

You should have claimed asylum sooner for it to be 'relevant'. Pakistan is not currently on the 'danger' list as far as I am aware.

4- I claimed asylum for the first time 2015 in the year. i was not aware how to claim and there was money factor as well. But i did it anyway when i was caught in 2014. i actually never wanted to claim because i thought the problem will be over and i shall be able to go home one day. this is the whole honest account.

HO might not believe your claim is credible if you waited 11 years before claiming. Pakistan is big, HO could well take the view that you could go back to another region.

5- The case is still in process as i explained.

Likely it will be refused.

6- I have presented all the evidences, police documents, etc etc. for my application.

Can't comment as obviously I don't know your personal circumstances or reasons.

How have you maintained your self for such a long period? Have you been working? Do you live by yourself?

[waqas070]

Dear CR001

I live alone.

1-Aside my asylum case, what would be your advice, if i get married with a British Lady Religiously. I know HO does not accept this sort of marriage but still a base to live together at least for our conscience.

2- In our case we have been in a relationship for the past 6 Months, there are no bills or anything on my name.

3- She lives in a council house with her sons and what would you think if i move with her ? she has a 3 Bed Room council house, she does not work and claim benefits.

4- Currently i do not have any passport but have the Pakistan National ID Card which is in English . Do you think we can get the registration of marriage / permission in the council office with my ID Card + British Ladies's Passport etc. ? Will the council allow this marriage while my different asylum case is in the courts.

5- If council allows this marriage to be registered then will she have to work and show 18k+ incomes threshold and will she lose her council house because she would be working.



Once again, thank you very much .

[CR001]

I live alone.

How are you supporting yourself and paying rent? Does your landlord know that you have no legal status? Landlord can be heavily fined for failing right to rent checks.

1-Aside my asylum case, what would be your advice, if i get married with a British Lady Religiously. I know HO does not accept this sort of marriage but still a base to live together at least for our conscience.

Fine, but you won't be able to regulise your stay as a spouse. For an unmarried partner visa (if possible), you require 2 years proof of living together.

2- In our case we have been in a relationship for the past 6 Months, there are no bills or anything on my name.

A non event then. Until you live together, you cannot start collecting documents to proof a cohabitating relationship.

3- She lives in a council house with her sons and what would you think if i move with her ? she has a 3 Bed Room council house, she does not work and claim benefits.

Your choice, but she MUST inform the council and her benefits might be affected, especially if you are working (even illegally working). She will also likely need their permission for you to move in there.

4- Currently i do not have any passport but have the Pakistan National ID Card which is in English . Do you think we can get the registration of marriage / permission in the council office with my ID Card + British Ladies's Passport etc. ? Will the council allow this marriage while my different asylum case is in the courts.

No, you require a passport to register your intent to marry at an HO approved Registry office and you must give 28 days notice. They are obliged to inform HO and this 28 days can be extended to 70 days for HO to investigate and possible interview both of you separately, before HO give approval to marry. You therefore risk being detained at this point.

5- If council allows this marriage to be registered then will she have to work and show 18k+ incomes threshold and will she lose her council house because she would be working.

It is not the council that has to give approval, it is HO because you are a non-EU citizen and have no legal right to remain. She cannot sponsor you for a spouse visa if she does not meet the financial requirement. You would have to apply for a spouse visa from your home country, if you are lucky enough to be allowed to marry.

A British partner or spouse is by no means a magic ticket to get a visa or regulise your immigration status.

[waqas070]

Dear CR001.

Thank you very much for your time and help.

1- So if i make my passport which is also possible since i have Pakistani National ID card then do you think i can apply to get the registration of marriage in the council. do you think this would be a possibility ?


2- They cant detain me because my asylum application is already in the Tribunal and its in the process , decided yet or not but still it keeps going.

3- If the council wedding registration is done, then what do you think can i still live here in UK and my wife can sponsor me to validate my stay here in UK?

4- Will she have to start working to sponsor me while living here?

5- will she have to show 18k+ ?

6-can you she still live in the same council house if she gets married with me?

4- I just need bit more clarification on this marriage stuff please so kindly if you spare few more minutes.

I am very grateful for your help and time.

[CR001]

1- So if i make my passport which is also possible since i have Pakistani National ID card then do you think i can apply to get the registration of marriage in the council. do you think this would be a possibility ?

Possible but again, it is not the council that give permission for your to marry by Home Office. Whether you can get a new passport depends on your embassy and whether they need your previous passport and proof of right to reside in the UK. Is your partner divorced??

2- They cant detain me because my asylum application is already in the Tribunal and its in the process , decided yet or not but still it keeps going

You need to think like HO thinks, you are trying to marry to regulase your stay after years of being in the UK illegally and you HO might take the view that you are trying to circumvent and frustrate the immigration rules. I note that you are not answering my questions on how you are supporting yourself in the UK. If you are working illegally, you have additional serious problems.

3- If the council wedding registration is done, then what do you think can i still live here in UK and my wife can sponsor me to validate my stay here in UK?

No, you would have to apply for a spouse visa from your home country. FLR(M) is not possible if you are illegal and FLR(FP) is likely to fail due to the short duration of your visa and HO will again take the view that you are trying to circumvent the rules rather than apply normally from your home country.

4- Will she have to start working to sponsor me while living here?

Yes, to sponsor you for a spouse visa. What benefits exactly does she claim?

5- will she have to show 18k+ ?

Yes. But also depends on what benefits she claims.

6-can you she still live in the same council house if she gets married with me?

Probably.
Getting married does not validate your stay or make you legal. It also does not make it any easier for your to get a visa, your period of overstay and very late asylum applications can also go against you. As I said, a British partner is NOT a magic ticket to remain in the UK and regulise your status.

[waqas070]

dear CR001
I am no working here because i am not allowed . I live in a house where people help me with food and i rely on charity , homeless charities etc.

She is living in council house.

She is getting job seeker allowance.

For kids - i dont know what sort of benefits she is taking.

So about my case; if lets just say - if i am able to get my passport from my embassy and then the council registration and wedding is done even Home Office interview etc.

can she sponsor me while i am in UK as an asylum seeker (whether she is works or not).

I want clarification on this point, whether she can sponsor me or do i have to go back to my home country and then apply for there ?

Basically, this is my main question.

what are rules applying in my case?

I appreciate your feedback on this please.


Many thanks .

kind regards.

[CR001]

To sponsor your for a spouse visa, assuming you manage to get approval from HO to marry, you will have to apply from your home country. She must meet the financial requirement of £18,600pa.

There are no 'special rules' that apply to you. You must meet ALL the requirements for a spouse visa and apply from your home country.

[secret.simon]

1- So if i make my passport which is also possible since i have Pakistani National ID card then do you think i can apply to get the registration of marriage in the council. do you think this would be a possibility ?

I could be wrong, but from what I remember reading on these forums, some embassies require you to prove that you have a legal right to remain in the UK before they issue you a new passport of that country. So, they may refuse to issue you a passport if you are illegally in the UK.

I am not sure if the Pakistani embassy has such a policy, so I will step aside for others with experience to advise further.

[Casa]

1- So if i make my passport which is also possible since i have Pakistani National ID card then do you think i can apply to get the registration of marriage in the council. do you think this would be a possibility ?

I could be wrong, but from what I remember reading on these forums, some embassies require you to prove that you have a legal right to remain in the UK before they issue you a new passport of that country. So, they may refuse to issue you a passport if you are illegally in the UK.

I am not sure if the Pakistani embassy has such a policy, so I will step aside for others with experience to advise further.

Also, I don't believe you can request a passport for a country to which you have claimed asylum without jeopardising your HR application.

As you have already been well advised, you are at high risk of being detained by the HO during a marriage interview.

[bathanza]

If you have a pending case at the Home Office, make sure that this is given to the embassy as well as a copy of the original visit visa that you had when you came to the country, you can apply for your passport.

Make sure you have a valid Nadra card as you will not be able to renew it, as well as your old passport/copy.

[ouflak1]

1- So if i make my passport, which is also possible since i have Pakistani National ID card ...

If you do this, you will be invalidating your asylum claim as you are availing yourself of services from the same government that you are supposedly seeking protection from. I'm even wondering if this Pakistani National ID hasn't already soiled your case. Is it still valid? When did you apply for it and receive it?

[Frontier Mole]

Best thing you can do is get a passport as this will help on a whole number of fronts.
It will prove who you are.
It will allow you to apply for permission to marry.
It will allow the council to legitimately refuse you permission to live with your girlfriend.
It will allow your current "friends" to be evicted from their accommodation for breaching their tenancy by harbouring an illegal. Plus the "friends" landlord can be subject to a large fine.
It will prove you are not a genuine asylum seeker as you have availed yourself of your home government.
It will give the HO the very document they need to remove you....

You are very much clutching at straws, the end of the road looks to be approaching for your appeal so you are clearly looking at making another claim for family life. It is just not going to happen.

Accept the end outcome and return home under Assisted Voluntary Returns and make a new start in your home country.