visa application when marrying a illegal "alien"

[khan1992]

Hi, I am a UK born citizen who is in a relationship with a illegal 'alien' from Pakistan (basically he entered without any visa or passport). We would like to marry in the next two months.
However before we marry (religious ceremony) I would like to knw the process of beginning his visa application from the UK.
And would we be eligible to apply to marry in UK law?
And is it possible to do this without him having to travel back to Pakistan?
What kind of documents will he need?
Your advice would be very much appreciated.

[CR001]

You will need to provide a bit more information, for example how long has he been in the UK illegally? How long have you been in a relationship? Do you have children together?

I think you will find it very difficult to legalise his stay within the UK if he is illegal.

[khan1992]

..He has been in the UK since 2008.And currently we do not hav any children together.
One more point..he says his fingerprints were taken in calais France by imigration..

[khan1992]

..and we have been together for two years now.

[Casa]

You can marry in the UK but this won't change his illegal status. He'll also need a passport to be able to register for the marriage, which from your post it appears he doesn't have. He'll have to return to Pakistan to apply for a Spouse visa, but you'll need to ensure that you meet all the requirements. For example, do you earn a minimum of £18,600 per year?

[khan1992]

Yes. I am a buisness owner ,financially we are ok.
So he would definately have to go bac
Because he entered illegally could his application be refused

If we had children in the future,can this mke a difference as to making his application from the UK

[zully]

You can marry in the UK but this won't change his illegal status. He'll also need a passport to be able to register for the marriage, which from your post it appears he doesn't have. He'll have to return to Pakistan to apply for a Spouse visa, but you'll need to ensure that you meet all the requirements. For example, do you earn a minimum of £18,600 per year?

hi, from experience, i married an illegal guy, but i thought he was ok to be here as our solicitors told us that while they have his case then he is safe, we did nikkah in pak but my paperwork dint get sent off, n he got couagth, i was pregnant at the time they still didnt let him stay, they looked at the case knowing im pregnant, but still sent him back with no right to appeal,
so i applied as spouse, but its in appeal, its a long process think hard, or get a solicitors advise please,its been 14 months for me now, but i have to say they havent put any restrictions on about him being illegal.

[khan1992]

Thanks zully, you really bring home the reality of it,doesn't look straightforward.
Best of luck , hope it works out well for you.
P.s do you have a rough idea on what it has cost you so far?

[zully]

Thanks zully, you really bring home the reality of it,doesn't look straightforward.
Best of luck , hope it works out well for you.
P.s do you have a rough idea on what it has cost you so far?

I have spent alot... see first we try to get his stay here so initally that was 3grand. and then when he got caught because our solicitors were stupid an extra 1 grand

then when my appeal went to court i really wanted it to be right so i have just spent another 2 grand.... but the money is easy its the stress.

its easier now just applying if you can afford too, they will kill the old case and start fresh and you wont have all the stress, 3 months you will have an answer. best of luck to you

[Franko]

My advice would be send him home, hope he does not get noticed by the UKBA, then get married in his home country and start the process properly. If the UKBA know he as entered the UK illegally you will find it very difficult to get him a visa, even harder if he has been working illegally and they find out.

I know of one case where a guy was trying to get his Thai wife to the UK who had previously entered the UK on a false passport. The UKBA took the stance that has she had previously entered the UK illegally and proved she is prepared to breech immigration law, hence the marriage was most likely just a Scam for her to stay here. This was upheld at 2 x appeals and the guy ended up moving to Thailand to be with his wife.

Either way he will most likely have to go home before you sort this out and it will be far more in his favor if he leaves the UK voluntarily rather than after being deported by UKBA.