Can we get married yet?

[VH0]

Hello!

My boyfriends tier 4 visa to study in the UK ran out Dec 25TH 2017 and only found out/ realised about a month before.
I agreed to get married to him so that he can stay in the UK. He visited a solicitor and filled out an application form for ILR by marrying me. However this was 21 days after the visa had already ran out. He has applied for his BRP and we have received a letter from the home office to say that we have complied with the investigation.
As some may imagine my parents were not pleased. They hired their own solicitor and told me yesterday that this marriage will not happen as he has overstayed his visa and they will only arrest him when we go for the interview with the home office. My boyfriend told me that as it was done within 28 days after the visa ran out everything was okay and that nothing would happen, he told me 'why would a solicitor put his career on the line like that and sign things?' i thought maybe he was just scamming us im not sure - very confused

I done some research and found out that 28 days grace period was abolished in 2016 and that it is now down to 14 days with a genuine reason. I told him this and im not sure he believes me.
I am very confused as to what they actual truth is about what will happen and why that solicitor submitted his application as he must have known about the law change?

Please help me!

[CR001]

1. How long have you been in a relationship??

2. How old are you?

3. Your research is correct. The 'grace' period is 14 days now and was reduced over a year ago from 28 days. He is now an overtayer.

4. When you say 'ILR', what form exactly has been completed? He doesn't appear to qualify for 'ILR' which is (indefinite leave to remain i.e. Permanent Residence).

5. Solicitors don't always know, but they make money out of situations like this.

[VH0]

1) We have been in a relationship for a year and a half now
2) Im 19 turning 20 in Oct
4) I have spoke to him more this morning and have now been told he's applied for Further Leave to Remain

He was told by the home office to apply for his biometrics this was done in Feb and still haven't heard anything regarding that. He told me that we need to get married first in order to get a decision letter from them.

Is the way this has been done legal and the correct way? if theres no 28 days anymore then on what grounds did the solicitor make the application?

[CR001]

1. If you have not been in a relationship and living in a relationship 'akin to marriage' for at least 2 years, any FLR application based on your current relationship status will fail.

4. There are many types of further leave to remain applications. It is really important to state exactly which form has been completed (ie. FLR(M), FLR(FP) - various routes on this one, FLR(HO), etc). It is also really important to state on what basis he has applied for whichever route of FLR.

Biometrics is part of the process and does not indicate anything in particular. Who told you that you need to get married first to get a decision letter???

It appears the correct way but exactly what he has applied for and on what basis is very important. The solicitor has simply made an out of time application and your boyfriend is still an overstayer, has not right to work, free NHS or at this point to continue his studies.

Important to note that getting married does NOT give him any legal status in the country and to qualify for a spouse visa, YOU have to be earning £18,600pa to sponsor him.

What is his nationality?

How long has he been in the UK?

[VH0]

i wasnt aware that not being together for 2 years was an issue, if we are to get married. He has applied for FLR(FP) .
My boyfriend was the one that told me we would not get his BRP until we were married as they needed the certificate to as proof before they sent it
He has also said that i am not sponsoring him and that he is supporting himself.
He is from India and im not 100% on how long he has been in the UK

I am pretty clueless about all of this and the last thing i want to happen is for me to never see him again and for us both to get in trouble for not doing this the correct way

[CR001]

You really need to get up to speed with these processes and how it can affect you. To be totally honest, I really hope for your sake, you are not being used for immigration/visa purposes, as is the case quite often and you will be left poorer and heartbroken.

i wasnt aware that not being together for 2 years was an issue, if we are to get married. He has applied for FLR(FP) .

FLR(FP) has more than one route (10 year partner route which is 4 x 2.5 year visas, 5 year partner route or private life route).#

My boyfriend was the one that told me we would not get his BRP until we were married as they needed the certificate to as proof before they sent it

Did he really. This is not true. A Biometric Residence Permit (which is the visa) is ONLY issued IF a visa application is approved and granted by HO and only IF the person applying meets all the requirements. Have you been given permission to marry by HO or not yet?

He has also said that i am not sponsoring him and that he is supporting himself.

Then in that case, he can't have applied for the FLR(FP) partner route!! Which to be honest doesn't make sense. Sponsoring in immigration terms is not financial support as he refers to but in order to remain in the UK as your unmarried partner or as a spouse, you need to provide your passport and supporting documentation (bank statements, proof of address, payslips etc).

He is from India and im not 100% on how long he has been in the UK

Suggest you find out but this will lead you on a very expensive visa path.

I am pretty clueless about all of this and the last thing i want to happen is for me to never see him again and for us both to get in trouble for not doing this the correct way

I would strongly suggest you speak to your parents and perhaps heed their advice, whatever they give you.

[VH0]

i think i am going to have to get myself a second opinion and see what to do next because the longer he's here and if this is the wrong procedure the worse the consequences will be

[CR001]

I did not say it was the wrong procedure, to be very clear. He has to have compelling and compassionate reasons to qualify for FLR(FP) and as it stands with what you have posted, he does not have any. You are currently only 'girlfriend/boyfriend' and presumably don't even live together.

He seems to be the one pushing to get married and I really suggest you exercise caution. Agreeing to marry just so he can stay could be considered a marriage of convenience for immigration purposes.

[VH0]

we were engaged a month before he found out his visa was running out so this was happening before anyway. Its just been sped up so that he can stay here. We do live together and the HO have seen the tenancy agreement for that

[Neeky]

Tbh, sounds like he proposed to you because he knows his visa will be running out soon as there is no way he couldn’t have known the expiry date of his visa. It clearly states it on the brp and HO letter that it came attached to

[VH0]

Hello!

My partners visa ran out on the 25th December 2017, he applied for FLP(FP) 21 days later. Which i do believe makes him an overstayer?
We went to the council to give our notice of marriage on the 14th February 2018. As expected the notice period was extended to 70 days in order for the home office to investigate.

He was sent a letter by the home office on the 29th January 2018 which told him to have his biometrics taken, this was done on the 6th February 2018.

On the 17th April 2018 we received a letter from the HO stating the we had complied with the investigation and that in order for our marriage to take place the council must be satisfied that there is no reason why we cannot marry.

We have not heard anymore and i am quite confused as to what we are waiting for now. The 70 day period ended on the 11th April 2018. Does this mean the home office chose not to investigate us and we can go ahead and get married? or will they still want to interview us despite not being in the 70 day period? And also what are we waiting for now to move forward in this process?

it states in the letter 'will still involve an assessment of the genuiness of that relationship by the Home Office' - is this referring to the interview?

[Rizwan00750]

Yes you can. Just go to Registrar office and book your ceremony. And if you want you can call to Registrar office and confirm.

[Casa]

You also need to consider the fact that marrying won't legalise his right to remain in the UK. Without having a child together, the Home Office are likely to consider there are no compelling reasons to prevent you from continuing your life together in his home country.

[ouflak1]

You also see to consider the fact that marrying won't legalise his right to remain in the UK. Without having a child together, the Home Office are likely to consider there are no compelling reasons to prevent you from continuing your life together in his home country.

Even having a child together provides no guarantee! There have to be a particular set of compelling circumstances there as well. Just don't want to see you get roped into getting pregnant in the desparate hope of securing somebody's visa.

You mention you are living with your boyfriend/fiance. For how long? You are still still under the two years anyway, but it would provide a bit of extra context to know, especially as you've said you've submitted a tenancy agreement with both names on it.

[Casa]

You also see to consider the fact that marrying won't legalise his right to remain in the UK. Without having a child together, the Home Office are likely to consider there are no compelling reasons to prevent you from continuing your life together in his home country.

Even having a child together provides no guarantee! There have to be a particular set of compelling circumstances there as well. Just don't want to see you get roped into getting pregnant in the desparate hope of securing somebody's visa. I agree 100% and have the same concerns.

You mention you are living with your boyfriend/fiance. For how long? You are still still under the two years anyway, but it would provide a bit of extra context to know, especially as you've said you've submitted a tenancy agreement with both names on it.