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illegal status but want to marry

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djc
Newbie
Posts: 32
Joined: Fri Jun 23, 2006 7:50 am

illegal status but want to marry

Post by djc » Tue Jul 22, 2008 9:05 am

Hi there,


I came to the UK around 6 years ago on a tourist visa and have overstayed. I know that I should have left long ago but have not managed to do so. Now things have become quite complicated. I have found someone who I love and want to mary. Can I marry her here and do something about my illegal status? I have considered returning to my native nation for good but my wife-to-be is not very keen on that. Please advice me on the best course of action for me. Any help shall be greatly appriciated.

Regards

vinny
Moderator
Posts: 32954
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Jul 23, 2008 1:32 am

Getting married, in itself, will not solve your UK immigration problems. See also Marriage in UK.

You will require a COA, unless
How do I get married or register a civil partnership in the United Kingdom? wrote:Religious ceremonies

The rules on certificate of approval do not currently apply if you plan to get married at an Anglican Church in England or Wales, after marriage banns or with a religious licence. You should contact a member of the clergy at the church where you plan to get married for more help.
Moreover,
What is a certificate of approval?[/url] > [url=http://www.ukba.homeoffice.gov.uk/sitecontent/documents/visitingtheuk/coaguidance.pdf]Important information regarding Certificate of Approval for marriage or civil partnership application wrote:Applications from those individuals who do not have valid leave to enter or remain (illegal entrants, persons who have been refused leave to enter, but granted temporary admission or temporary admission pending the outcome of an application for leave to enter, and those who have overstayed their leave to remain) who have until now been refused unless there are exceptional compassionate circumstances for granting a certificate of approval will be treated in line with the current guidance for those who have limited, but insufficient, leave to qualify for a COA. This is the guidance set out at 3.3 above. Where a person without leave to remain applies for a certificate of approval the Home Office will (as in all cases where we discover a person present illegally) consider whether or not enforcement action should be initiated, in addition to considering the application for the certificate of approval.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Casa
Moderator
Posts: 25753
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Post by Casa » Wed Jul 23, 2008 3:51 pm

New legislation will come into place on October 1st which will mean that an overstayer will face an automatic ban of anything from 1 to 10 years.
Return to your own country before the end of September and you stand a chance of being able to legalise your situation. After that date even having married with a COA, you will stand virtually no chance.

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