Getting married whilst waiting for FLR FP visa

[Martha88]

Hi Guys.

Please help!!! My partner (of 11 years) has overstayed his work permit visa (exp in 2004)

He has been working, by using his UK birth certificate (he was born here, but after 1983 therefore not automatically a UK citizen)

He came back here in 2004 from his parents county (Ghana - where he stayed for 7 years ) and has been here since. He’s schooled here, worked here, went to uni etc etc

We have 2x boys and just want to move forward in life, go on holiday, get married etc.

We contacted an immigration specialist last week. They have advised that he make an in-country application which hopefully shouldn’t be declined based on the fact that he has children here and me. Something about his human rights.
They also advised that he renews his Ghana passport and marries me (which is something we wanted to do anyway) so my worry is:

A) can we get married on his Ghana passport - would reg office want more? Can Home office turn up and deport him?

B) he has been working here, using his birth certificate, so that means he’s been working illegally so what’s the implications for that (please note the lawyer said that when making the in country application he would have to have quit his job - which is fine)

C) I’m just genuinely worried he can get deported and I’m feeling anxious.

Please advise.

Note; I am UK citizen.

[Casa]

Hi Guys.

Please help!!! My partner (of 11 years) has overstayed his work permit visa (exp in 2004)

He has been working, by using his UK birth certificate (he was born here, but after 1983 therefore not automatically a UK citizen)

He came back here in 2004 from his parents county (Ghana - where he stayed for 7 years ) and has been here since. He’s schooled here, worked here, went to uni etc etc

We have 2x boys and just want to move forward in life, go on holiday, get married etc.

We contacted an immigration specialist last week. They have advised that he make an in-country application which hopefully shouldn’t be declined based on the fact that he has children here and me. Something about his human rights.
They also advised that he renews his Ghana passport and marries me (which is something we wanted to do anyway) so my worry is:

A) can we get married on his Ghana passport - would reg office want more? Can Home office turn up and deport him?

B) he has been working here, using his birth certificate, so that means he’s been working illegally so what’s the implications for that (please note the lawyer said that when making the in country application he would have to have quit his job - which is fine)

C) I’m just genuinely worried he can get deported and I’m feeling anxious.

Please advise.

Note; I am UK citizen.

This has no relevance to the Brexit Referendum and I have moved it to the correct sub-forum.

[vinny]

What were his parents' Immigration status when he was born?
Did he spend his first ten years in the UK?

[Martha88]

His parents were both born in Ghana. Dad died in February and his mum he has had not contact with for about 20 years. (Last time we heard she was in America)

[Martha88]

He lived in Ghana from age 7/8 till around he was 16/17

[Martha88]

We do not know the parents immigration status. And unable to find out.

[Casa]

Hi Guys.

Please help!!! My partner (of 11 years) has overstayed his work permit visa (exp in 2004)

He has been working, by using his UK birth certificate (he was born here, but after 1983 therefore not automatically a UK citizen)

He came back here in 2004 from his parents county (Ghana - where he stayed for 7 years ) and has been here since. He’s schooled here, worked here, went to uni etc etc

We have 2x boys and just want to move forward in life, go on holiday, get married etc.

We contacted an immigration specialist last week. They have advised that he make an in-country application which hopefully shouldn’t be declined based on the fact that he has children here and me. Something about his human rights.
They also advised that he renews his Ghana passport and marries me (which is something we wanted to do anyway) so my worry is:

A) can we get married on his Ghana passport - would reg office want more? Can Home office turn up and deport him? In order to marry in the UK you would have to register with a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO who can extend the notification period from 28 to 70 days in order to interview you both separately before the marriage can take place, should they choose to do so.
As he has no legal status in the UK he is at risk of being detained at the interview.

B) he has been working here, using his birth certificate, so that means he’s been working illegally so what’s the implications for that (please note the lawyer said that when making the in country application he would have to have quit his job - which is fine)

C) I’m just genuinely worried he can get deported and I’m feeling anxious.

Please advise.

Note; I am UK citizen.

This has no relevance to the Brexit Referendum and I have moved it to the correct sub-forum.

Has the solicitor suggested submitting a FLR(FP) Partner route application?

[Martha88]

Yes. That is the application the solicitor suggested. In county

[Casa]

Assuming you have documented evidence of living together in a 'relationship akin to marriage' for at least 2 years, I would suggest you submit an FLR(FP) Partner route application as unmarried partners.

Be aware however, that you may be asked to provide a DNA test to prove paternity as you are not married to your children's father.

How has your partner managed to work without the required documents...passport, NI number, valid visa etc.

[Martha88]

Yes we’ve been together 11 years living for 9 so we have more than enough proof of all of that

And a DNA is fine.

He has been working off his British birth certificate and provisional licence.
And he He has a NI Number and pays taxes. And has done since he was 18 (and got his first job)

[Casa]

I suggest you apply for FLR(FP) Partner route as unmarried partners to avoid the potential consequences if you have to attend a HO interview in order to marry.

[Martha88]

Yes! I agree. We will go down that route.
Thank you.

[Martha88]

Hello. I wanted to ask a general question.
My partner submitted his FLR FP application today. And we are not married. When we receive all our docs back from HO can we get married whilst still awaiting a decision?

We’ve been together 9 years the only reason we haven’t got married is because of his status. But now we are sorting that out etc.

[krisbol17]

I think you can but the "designated register office" will have to notify UKVI who then might extend the notice period you give to the registrar to 70 days and might bring you in for interviews. That's my understanding anyway.

https://www.gov.uk/marriages-civil-part ... n-national

[Casa]

I think you can but the "designated register office" will have to notify UKVI who then might extend the notice period you give to the registrar to 70 days and might bring you in for interviews. That's my understanding anyway.

https://www.gov.uk/marriages-civil-part ... n-national

Correct.

[Martha88]

I have been able to obtain work, for the past 10 years whilst being in the UK, by using my birth certificate. (As I was born in the UK but my nationality is Ghanaian) my employees have never asked for any other I.D...

I have overstayed my visa for 7 years and I now have kids and a partner here and have now decided to put in the FLR (FP) - my lawyer advised me to stop working.

The application IS CURRENTLY in with the Home Office and has been for the past 1 week.

I don’t want to stop working as Its a great, well paid job that I have.

What would happen if I continue working? Will the Home Office find out? I will quit if I have to I just don’t want to!

[Casa]

I have been able to obtain work, for the past 10 years whilst being in the UK, by using my birth certificate. (As I was born in the UK but my nationality is Ghanaian) my employees have never asked for any other I.D...

I have overstayed my visa for 7 years and I now have kids and a partner here and have now decided to put in the FLR (FP) - my lawyer advised me to stop working.

The application IS CURRENTLY in with the Home Office and has been for the past 1 week.

I don’t want to stop working as Its a great, well paid job that I have.

What would happen if I continue working? Will the Home Office find out? I will quit if I have to I just don’t want to!

The fact that you are working illegally could well have negative affect on your application and your employer would be facing a £20,000 fine

Would the HO find out? Yes, easily.

[secret.simon]

Will the Home Office find out?

The Home Office does do checks with HMRC and presumably either you or your company are filing tax returns, even if under the tax threshold. So, yes, the Home Office will find out.

EDIT: Overtaken by Casa's short and succinct response.

[Martha88]

My partner had a pending FLR FP application in. However, we are potentially moving house whilst the application is in.

We have a lawyer acting on our behalf.

Would this have an implication on the application

[seagul]

change of address does not cause any affect on the outcome of application. Even you are using solicitor whose address can be used as correspondence but still HO can write to you on your home address. Therefore, it is highly recommended to update them with your new address.

[Martha88]

Hello.
Submitted FLR FP in March 2018. Overstayer. Have 2x Kids and a British Citizen partner of 9 years who works.

Always wanted to get married but couldn’t because of immigration. Currently reaching service standard for visa application (6 months) so will ring next week for an update, however wanted to know that if we could married could it cause any issues with the application or could I even be detained at the registry?

Any one?

[Casa]

Hello.
Submitted FLR FP in March 2018. Overstayer. Have 2x Kids and a British Citizen partner of 9 years who works.

Always wanted to get married but couldn’t because of immigration. Currently reaching service standard for visa application (6 months) so will ring next week for an update, however wanted to know that if we could married could it cause any issues with the application or could I even be detained at the registry?

Any one?

In order to marry in the UK you have to give notice at a Home Office 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 your both separately before the wedding can take place, should they choose to do so. The pending FLR(FP) application may protect you from being detained during the interview.

Which category of FLR(FP) have you applied under?

[bathanza]

Getting married won't jepordise or put your application at risk. You will need valid ID such as your passport in order to register your marriage

My husband and I had a beautiful ceremony whilst we had a pending case and went though the 70 day period. We just had to comply with whatever the Home Office requested. For us, it was a simple email

Many people do end up getting detained on the day of their marriage. As you have a pending case, you should be okay. But please research the risks.

[CR001]

All topics merged (click to read)

[Martha88]

Hello.
Submitted FLR FP in March 2018. Overstayer. Have 2x Kids and a British Citizen partner of 9 years who works.

Always wanted to get married but couldn’t because of immigration. Currently reaching service standard for visa application (6 months) so will ring next week for an update, however wanted to know that if we could married could it cause any issues with the application or could I even be detained at the registry?

Any one?

In order to marry in the UK you have to give notice at a Home Office 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 your both separately before the wedding can take place, should they choose to do so. The pending FLR(FP) application may protect you from being detained during the interview.

Which category of FLR(FP) have you applied under?

We have applied under the FLR FP (parent and partner route) I just do not understand the process for applying to get married. Been waiting for so long to get married. And it breaks my heart when our sons ask why we have different surnames. It’s just the small things really.

Anyway, my biggest fear is that my parter May get detained at the registry. Do we need to get the HO to approve the marriage beforehand. I’ve read situations on here where people have been detained, despite receiving permission from the HO.