Can an Overstayer get permission and marry a british citizen?

[Hass1214]

Hi,

I wonder if anyone of can help me?
I am in a complex situation.
I came to UK in Jan 2007 on student Visa. I have completed my studies in UK as an accountant.
Aboutt 3 -4 years ago my student visa extension was refused for not providing english language certificate that i had provided HO in the previous extension documents.
I lost 2 appeals as judge said that my studies will be finished soon so i must go back.
Then my solicitor submitted further representations based on Human Rights and and applied for Judicial Review.
Then i receive a letter from Home Office asking me to withdraw Judicial Review and they will reconsider my case and they refused it again.

Then my solicitors said he has applied for Judicial Review again but he did not actually.

I have been in UK for 11 years now.

I would appreciate if anyone can please tell me how can i legalise my stay?

My family has found a potential marriage proposal for me with a british citizen. It is going to be a genuine marriage. But can i get permission to from the registrar and HO to be married or would there be a problem?

My expected wife to be is a dentist.

Your advice will e highly appreciated.

Kind Regards

[Casa]

As I posted in a previous thread, which also applies to you.

In order to marry in the UK you would have to give notice with a Home Office designated Registry Office. The Registrar is then legally bound to notify the Home Office who can then extend the notification period from 28 to 70 days in order to interview you both separately before the marriage can go ahead, should they choose to do so.

Without legal status and no outstanding visa application, you are at risk of being detained during the interview.

[Hass1214]

Hi Casa,

Thanks very much for your response.

I am islamically married now and living together since our marriage.I understand that religious conducted of marriage is not considered by law (please correct if am wrong). Myself and partner have been living together for last 4 months and will be living together as a married couple even though it's not been registered with the registrar. (maybe call it living in relationship as per the law of land).

Please note as per our religion, we are considered to be a married couple (if it helps)?
My wife is now pregnant (12 weeks) and she has had the scans as well.

Could you please advise where do i stand? Can i possible apply for dependant visa or something to legalise my stay?

Child delivery due date is Jan 2018.

Thanks in advance.

Kind Regards

[CR001]

Your Islamic marriage is not recognised by HO if it was performed within the UK. You are therefore not considered to be married and are an unmarried partner.

[Hass1214]

thanks for your response CR001.

If we ignore islamic wedding, Will it not be considered as a living-in together (relationship) with a child due to be born considering humanitarian rights and private life?

[Hass1214]

Your Islamic marriage is not recognised by HO if it was performed within the UK. You are therefore not considered to be married and are an unmarried partner.

thanks for your response CR001.

If we ignore islamic wedding, Will it not be considered as a living-in together (relationship) with a child due to be born considering humanitarian rights and private life?

[CR001]

For unmarried you need 2 years evidence of 'living in a relationship akin to marriage'. 4 months is not sufficient.

You will probably have a better change, not guarantee and it will take long, once the child is born.

As you have no leave to remain, I honestly hope that you have not been working as you are not permitted to work at all.

[Shahid708]

Hi,any updates hass?thanks