Marrying EEA national

[StellarCow]

Hello, I have been in this country for 6 years and I am staying here legally. However, my VISA has been refused (student VISA application) few months ago and I am undergoing appeal process. Therefor, my passport is with HO. Me and my EEA girlfriend would like to marry now but as the passport is with HO we are not quite sure what to do at the moment. Is there a way I can retain my passport? Or could I apply for a duplicate passport from my embassy? I've read on this forum that some people has done it before while they were staying here illegally. So, if anyone has any idea on this matter please throw some light on it. Any help would really be appreciated.


Thank You

[UKBA HUNTER]

How can you get duplicate passport because your passport has not been stolen/lost but ukba retain it. If you have your English format of national I'd card then it may help for marriage notice but on the day or before wedding the ukba team may become your guests. In your circumstances proving a genuine marriage will be very hard but not impossible but the level & number of hurdles you have to suffer will give you a taste equal to studying a research degree from university in costs and struggle wise.

[StellarCow]

How can you get duplicate passport because your passport has not been stolen/lost but ukba retain it. If you have your English format of national I'd card then it may help for marriage notice but on the day or before wedding the ukba team may become your guests. In your circumstances proving a genuine marriage will be very hard but not impossible but the level & number of hurdles you have to suffer will give you a taste equal to studying a research degree from university in costs and struggle wise.

Lol. I am not surprised. But as our relationship is genuine I am sure I won't have problem doing that. Is it possible that the whole process would take about 3 or 4 years (assuming that its not going to be easy; facing VISA refusal and undergoing appeals). Because if I am right, once I have lived in the UK for 9 years and 11 months I can apply for PR anyway.

[UKBA HUNTER]

In the present immigration trend 3/4 years process can be possible, non EU national can survive during such period because they mostly become warriors but it mainly depends on EU national support in continuous pattern. You can marry from back home with EU national. Or if you have paper based relationship proof covering 2 years then can apply on unmarried partner basis.

[StellarCow]

In the present immigration trend 3/4 years process can be possible, non EU national can survive during such period because they mostly become warriors but it mainly depends on EU national support in continuous pattern. You can marry from back home with EU national. Or if you have paper based relationship proof covering 2 years then can apply on unmarried partner basis.

Well, I am gay, so I am not quite sure about how the marriage process goes by. I certainly cant return to my country and marry my partner because in India homosexuality is considered offensive and is punishable up to 10 years in prison with fine. I was also wondering if it would be better for me to apply for Asylum instead of marrying my partner as I have issue with the passport. I know the process is a bumpy ride and brutal and I most likely would face refusal. But if the Asylum process itself is going to take the time scale of 3 or 4 years then it should do good. From what I have heard, 100s of homosexuals are awaiting court order in India to be persecuted.

[PutiniEEA]

Still u can get married if u have full driving license or birth certificate (translated english version)


Birth certificate is valid for scotland only

Don't apply for second/duplicate passport because its a crime


Good luck

[UKBA HUNTER]

Forget the old golden days when such stories worked out but now they almost not believe on such stories because they can easily say that why you now start feeling that you are gay after reaching into appeal and why you didn't update with them when you had visa. Moreover, now even in ukba they employ caseworkers from almost all countries who very well assess the applicant circumstances even know the town/street from where applicant come from.

[StellarCow]

Forget the old golden days when such stories worked out but now they almost not believe on such stories because they can easily say that why you now start feeling that you are gay after reaching into appeal and why you didn't update with them when you had visa. Moreover, now even in ukba they employ caseworkers from almost all countries who very well assess the applicant circumstances.

Well I didn't have the need to disclose the information as I was a student (and had no circumstance to reveal my sexuality). If I return back home I am most certainly not gonna ever get married or even be able to live peacefully for sure. As of now I've been in this country for 6 1/2 years and I am wondering what is my best alternative to stay here. I do have my birth cert but its not in English and even if its in English I am in England. So marrying my partner wouldn't be an option I suppose? Any idea on my situation. Thank you for helping me out

[badratio]

Don't apply for second/duplicate passport because its a crime

False.

You can be issued a second passport if you request it without concealing the fact that you have one already. For example, if you are a business traveller who needs to visit countries that are in conflict or incompatibility with each other, e.g. Israel and Iran/Lebanon/Syria/Iraq or if you are a very frequent business traveller and need to get a new visa issued in an embassy which might hold your passport for a long time, which would impede your travel otherwise. You'd have to convince the passport office of your country to get it tho.

It doesn't apply in this gentleman's case but I thought I'd shed some light on it.

[UKBA HUNTER]

Don't apply for second/duplicate passport because its a crime

False.

You can be issued a second passport if you request it without concealing the fact that you have one already. For example, if you are a business traveller who needs to visit countries that are in conflict or incompatibility with each other, e.g. Israel and Iran/Lebanon/Syria/Iraq or if you are a very frequent business traveller and need to get a new visa issued in an embassy which might hold your passport for a long time, which would impede your travel otherwise. You'd have to convince the passport office of your country to get it tho.

It doesn't apply in this gentleman's case but I thought I'd shed some light on it.

As per the fair channel no embassy/consulate can issue replacement duplicate passport unless knowing the true reason like police report if lost/stolen. So, in op's case what reason he need to present? Is that reason he need to tell that ukba retain his passport

[StellarCow]

Don't apply for second/duplicate passport because its a crime

False.

You can be issued a second passport if you request it without concealing the fact that you have one already. For example, if you are a business traveller who needs to visit countries that are in conflict or incompatibility with each other, e.g. Israel and Iran/Lebanon/Syria/Iraq or if you are a very frequent business traveller and need to get a new visa issued in an embassy which might hold your passport for a long time, which would impede your travel otherwise. You'd have to convince the passport office of your country to get it tho.

It doesn't apply in this gentleman's case but I thought I'd shed some light on it.

As per the fair channel no embassy/consulate can issue replacement duplicate passport unless knowing the true reason like police report if lost/stolen. So, in op's case what reason he need to present? Is that reason he need to tell that ukba retain his passport

So, in other words. I am not in a position to marry my partner?

[StellarCow]

I would like to know if its possible for us to get married in the Church of England? Also, could we apply for permit to remain here if we have evidence to show that we have been living together for the last 2 years and have been having relationship?

[Casa]

The requirements to give notification of the marriage at an approved Registry Office are still the same, even if you then marry in a Church of England

[StellarCow]

The requirements to give notification of the marriage at an approved Registry Office are still the same, even if you then marry in a Church of England

I thought getting married in a church meant that you don't have to marry at a registry office? I am a bit confused here.

[Casa]

No it doesn't. If you are getting married in any religious building you will still have to give notice of marriage to the Registry office in the district where you live. This must be at a designated Registry Office.
https://www.gov.uk/government/publicati ... -and-wales

[StellarCow]

No it doesn't. If you are getting married in any religious building you will still have to give notice of marriage to the Registry office in the district where you live. This must be at a designated Registry Office.
https://www.gov.uk/government/publicati ... -and-wales

I have read else where that if in an illegal status the best alternate option is to marry your partner in the Church on England? And that this has been misused by a lot of people? Also read that the Church places a bann for 3 weeks to see if there is any objection against the wedding. Whats this all about then?

[Casa]

The banns are read in the church where you will marry, three Sundays consecutively. Anyone in the congregation has the right to object to the marriage if there is just cause. Regardless of where the wedding will take place you will need to give notification of the marriage in a Home Office designated Registry Office, as I've posted previously.

Previously, permission to marry for foreign nationals without settled status had to be applied for with the Home Office, unless the marriage was taking place in a Church of England. This was called a Certificate of Approval (COA). This requirement has now been removed, but stringent checks have now been introduced.

[StellarCow]

The banns are read in the church where you will marry, three Sundays consecutively. Anyone in the congregation has the right to object to the marriage if there is just cause. Regardless of where the wedding will take place you will need to give notification of the marriage in a Home Office designated Registry Office, as I've posted previously.

Previously, permission to marry for foreign nationals without settled status had to be applied for with the Home Office, unless the marriage was taking place in a Church of England. This was called a Certificate of Approval (COA). This requirement has now been removed, but stringent checks have now been introduced.

So what could I do in my case as my passport is with Home Office due to my appeal?

[Casa]

Have a read through this check list from Leeds.gov and see if you're able to provide an alternative. They ask for one box from each section to be ticked. It should be a standard requirement.

http://www.leeds.gov.uk/docs/Giving%20N ... cklist.pdf

[UKBA HUNTER]

I have read else where that if in an illegal status the best alternate option is to marry your partner in the Church on England? And that this has been misused by a lot of people? Also read that the Church places a bann for 3 weeks to see if there is any objection against the wedding. Whats this all about then?

http://www.dailymail.co.uk/news/article ... iages.html

[StellarCow]

Have a read through this check list from Leeds.gov and see if you're able to provide an alternative. They ask for one box from each section to be ticked. It should be a standard requirement.

http://www.leeds.gov.uk/docs/Giving%20N ... cklist.pdf

I am on an appeal process at the moment and as I have stated earlier my passport is with home office. So I wouldn't be able to provide documents for section B and C.