Overstayer & Getting Married

Ola2011 · Post by **Ola2011** » Sun Sep 08, 2013 11:23 am

Good morning,

I am an overstayer, and would like to know what my chances are in getting my papers if I get married to my boyfriend who has indefinite leave to remain? I'm African

Are we going to have problems getting married? I have been dating my boyfriend for about 6years

Please help

Post by **Casa** » Sun Sep 08, 2013 11:29 am

Marriage won't change your legal status. Do you have children together?

Ola2011 · Post by **Ola2011** » Sun Sep 08, 2013 11:30 am

No we don't have any kids together. But we do plan on getting married, so that wouldn't help?

Can you please advice me on what my options are?

Post by **Casa** » Sun Sep 08, 2013 11:41 am

You shouldn't have a problem marrying as long as the registrar believes your relationship is genuine. You no longer need permission from the Home Office. Marriage however won't strengthen your right to stay. If you meet all the standard requirements...minimum finance etc., you should consider returning to your home country after the wedding and apply for a spouse visa to re-enter.
Before you make any decision you would be wise to seek legal advice.
What nationality does your boyfriend hold?

Ola2011 · Post by **Ola2011** » Sun Sep 08, 2013 12:38 pm

My boyfriend has indefinite to remain and I'm worried about going to my home country because I have no ties there

My father does not approve of my boyfriend who is from a different country

I'm so depressed, I'm seeking counseling, I'm just confused about the whole situation

Post by **Casa** » Sun Sep 08, 2013 2:08 pm

I suggest you contact an OISC registered Immigration Advisor for initial advice. Without children and the fact that your boyfriend isn't British, the Home Office may well take the view that you could settle together in either of your home countries. The fact that you have no ties to Nigeria won't be considered as sufficient to prevent you (as an adult) returning there.
Does your boyfriend earn a minimum of £18,600 a year?

Ar_img · Post by **Ar_img** » Sun Sep 08, 2013 2:13 pm

Hey,

My heart really is with you. I know how much of a mental and emotional burden all this immigration mess can be. I'm still f*ckin living in mine, trying to get out of it. We will get out of it. I know we will.
Now, that there is no need to have CoA in order to get married. I can say definitely, that if your relationship is genuine and you can prove this, you will most likely get your spouse visa from Nigeria. Only downside to this is the distance and the surprising effect it can have on your relationship. I really wasn't prepared for the effect it will have on my marriage till it hit us/me behind the back.
Anyway, point is, I've been through the whole process of obtaining spouse visa from abroad and can advice from that point of view. But getting married in the UK while under the tag of an overstayer, really can't tell you for sure if it is 100% safe.
Maybe try find out from a registry(probably anonymously if you are scared) to see what options you have(how you can prove to them it is genuine, so they don't call the UKBA behind your back) or better still, seek legal advice.

Hope this helps. Any further questions, please feel free to ask.

Ola2011 · Post by **Ola2011** » Mon Sep 09, 2013 5:27 am

Thanks Casa and Ar_img I really appreciate

Casa,

is it safe to contact OISC registered Immigration Advisor? won't they report me?

So human right can't help me? Even though I have no ties back in my country and this man is ALL I know? My boyfriend earns about that, why did you ask? can that help?

Does that mean I have no chance of getting my papers over here at all? Or there are some some situations where caseworker can use their own initiative and help?

Ar_img
I already have personal problems before the immigration problems, so you can imagine what my life is like right now.

Amen we'll get out of it.

I don't even know how to live without my boyfriend, and I'm secretly scared all these is putting a strain on our relationship, so going away wouldn't help, and above all I have no where to go.

Our relationship is genuine, we started dating years ago, I'm sure we can prove that, but my worry is the fact that I have to go back. Have you heard of any exceptional case where the overstayer didn't have to go to their country?

Human right can't even help my situation?

peppekalle · Post by **peppekalle** » Mon Sep 09, 2013 5:56 am

Immigration advisors are there to help you they are not UKBA.As has been advised i suggest you go back to your country of origin and seek entry clearance but seek legal help first.

If you get legal help they will be able to advice you on your human right claims and you will need evidence to back it all up.

Post by **Casa** » Tue Sep 10, 2013 1:44 pm

I mentioned the amount of £18,600 as this is the sponsor's minimum annual earnings required when submitting a spouse visa application.

Ar_img · Post by **Ar_img** » Tue Sep 17, 2013 7:12 am

Ola2011 wrote:Thanks Casa and Ar_img I really appreciate

Casa,

is it safe to contact OISC registered Immigration Advisor? won't they report me?

So human right can't help me? Even though I have no ties back in my country and this man is ALL I know? My boyfriend earns about that, why did you ask? can that help?

Does that mean I have no chance of getting my papers over here at all? Or there are some some situations where caseworker can use their own initiative and help?

Ar_img
I already have personal problems before the immigration problems, so you can imagine what my life is like right now.

Amen we'll get out of it.

I don't even know how to live without my boyfriend, and I'm secretly scared all these is putting a strain on our relationship, so going away wouldn't help, and above all I have no where to go.

Our relationship is genuine, we started dating years ago, I'm sure we can prove that, but my worry is the fact that I have to go back. Have you heard of any exceptional case where the overstayer didn't have to go to their country?

Human right can't even help my situation?

Have I heard? Yes I have. On this site actually. But your man has to stand for and with you through out the whole process. But not much of it happens though.

Good luck.

Mata · Post by **Mata** » Mon Sep 23, 2013 7:30 pm

Casa wrote: Without children and the fact that your boyfriend isn't British, the Home Office may well take the view that you could settle together in either of your home countries.

Would it had been different if they had children born in the UK to the settled boyfrined (not British) and are not married, but have been living together as wife and husband for the past six years?

Post by **Casa** » Tue Sep 24, 2013 11:25 am

It may strengthen the application.

Post by **Casa** » Tue Sep 24, 2013 11:25 am

It may strengthen the application.

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Overstayer & Getting Married

Overstayer & Getting Married