Wanting to get married.

[ciare29]

Hi, hope this is in the right section.

I'm British, and engaged to a man from West Africa, who came here on a six month visa, over four years ago.

We wish to get married in this country, as if we get married in his country I believe that they may keep him there, until he applied for a new visa.

I know that we will face problems getting married here, as he is illegal, but could anyone advise us on what to do/the next step to take?

I studied a brief introduction to Immigration law, and read about a case in Ireland where some men who were illegal were allowed to marry, and stay in Ireland, as it was against their human rights not to, but forgot the name of the case.

[Wanderer]

Hi, hope this is in the right section.

I'm British, and engaged to a man from West Africa, who came here on a six month visa, over four years ago.

We wish to get married in this country, as if we get married in his country I believe that they may keep him there, until he applied for a new visa.

I know that we will face problems getting married here, as he is illegal, but could anyone advise us on what to do/the next step to take?

I studied a brief introduction to Immigration law, and read about a case in Ireland where some men who were illegal were allowed to marry, and stay in Ireland, as it was against their human rights not to, but forgot the name of the case.

U can apply for permit to marry (CoA) which is free but may well result in a visit from the UKBA Geheime Staatspolizei, Gestapo to u and me and a removal.

Even if not, he will have to return and apply for a spouse visa through the normal channels like the rest of us, there will be no dodging that.

Are u both over 21?

[Mr Rusty]

I studied a brief introduction to Immigration law, and read about a case in Ireland where some men who were illegal were allowed to marry, and stay in Ireland, as it was against their human rights not to, but forgot the name of the case.

The case you're probably referring to was known as "Metock". This was a European Court judgement relating to rights under European Regulations, and would be unlikely to assist you, a British citizen settled in the UK, as your case would fall under UK Immigration Rules.

[ElenaW]

Hi, hope this is in the right section.

I'm British, and engaged to a man from West Africa, who came here on a six month visa, over four years ago.

We wish to get married in this country, as if we get married in his country I believe that they may keep him there, until he applied for a new visa.

I know that we will face problems getting married here, as he is illegal, but could anyone advise us on what to do/the next step to take?

I studied a brief introduction to Immigration law, and read about a case in Ireland where some men who were illegal were allowed to marry, and stay in Ireland, as it was against their human rights not to, but forgot the name of the case.

It's probably best to get married in his home country and then apply from there as you'll have to do that anyways.

[vinny]

My boyfriend and I have been together and engaged for nearly four years.

He is an overstayer from West Africa, and has been here nearly six years.

He recently claimed asylum, and this has been refused.

When he saw his case worker, he was told to bring documents proving that we live together(which he did), and we thought that thie may strengthen his case.

How wrong we were!

We have been given two weeks to appeal, but am so scared about what will happen after then. We will of course appeal.

We are in love, and it is so awful that a couple in love are being stopped from being together.

What did the UKBA say about your relationship? On what grounds did they refuse?

I have not seen the letter he was sent as am away at the moment.

From what he has told me, they have refused him because they say he doesn't have a valid reason for not returning to his country, the fact he has been an overstayer for all this time, and they also say that I can easily live with him in his country.

My husband to be is an asylum seeker, and his appeal to the Upper Tribunal has just been refused. We will be writing to them again as this decision is so unfair.

They don't believe that we are together even though we have sent evidence to prove we are.

In about a month we are due to get married as we have already given notice, and I have told my parents the date and everything.

I am just soooooooo sick with worry that when we go to the register office the UKBA will be there to arrest us, as they probably think it is a sham marriage.

Have spoken to a register office and they have told me his immigration status is not anything to do with narrying there, so they won't refuse us, because of his appeal being denied, but I am so scared.

Don't know what to do, and the UKBA is nex to useless.

What was the exact reason for their refusal?

And under what grounds did your future husband apply for assylum?

This may help people advise where they can.

[ciare29]

They refused this appeal because they do not believe we are in a genuine relationship, even though we have sent them documents to prove we are, and in our last letter to them, we said we wanted the case to be heard in court rather than on paper so we could've gone together and shown them that we are together, but they said that it was unnecessaryfor an oral hearing.

When he first claimed asylum, it was because he is in fear of returning, because of something which happened in his country before he left, but when that was denied, a solicitor advised us to place an appeal based on his right to a family life.

We don't have children, but I am under the hospital for my fertility, and have to go back in three months.

This means absolutly nothing to these people who have denied his appeal, and am sick to my stomach thinking about our coming marriage and whether he will be arrested when we go to the registery office.

The letter didn't say anything about us apealing again, and feel like crying at all this.

[sweetmissy]

Hi,

My husband was an overstayer of 9 months after entering the UK on a visit visa..

We were told that the only way to do this correctly, was for us to marry in his home country (which we did) and he had to apply from his home country for UK spouse Visa.

My hubby has been in his home country for nearly 4 months now. As hard as it is being apart from him, we did what was right and this is what helps us each day.... hopefully we will be rewarded for this.

The moderators can best advise you on here. But in my opinion, the more you try to go against the grain, the less forgiving the UKBA are...

Have you had ANY legal advice? since the human rights appeal??

[leeloo]

You need a lawyer.

My friend applied for a settlement visa for her partner who is from Libya. According to the law they were supposed to be living together for 2 years, but they've been together for a year.
They brought evidence of geniuness of their relationship from lots of friends, and both of her parents have written covering letters explaining why it's important for him to stay, what horrors she would face if he's sent back/she needs to go with him etc.
It took them money and time, but they've won the case and now it's all done and dusted.

[sweetmissy]

You need a lawyer.

My friend applied for a settlement visa for her partner who is from Libya. According to the law they were supposed to be living together for 2 years, but they've been together for a year.
They brought evidence of geniuness of their relationship from lots of friends, and both of her parents have written covering letters explaining why it's important for him to stay, what horrors she would face if he's sent back/she needs to go with him etc.
It took them money and time, but they've won the case and now it's all done and dusted.

Agreed seek legal help... it may cost you, but its the only option..

Good Luck

[vinny]

They refused this appeal because they do not believe we are in a genuine relationship, even though we have sent them documents to prove we are, and in our last letter to them, we said we wanted the case to be heard in court rather than on paper so we could've gone together and shown them that we are together, but they said that it was unnecessaryfor an oral hearing.

Did you have a legal representative? Who decided that it was unnecessary for an oral hearing?

Deciding your hearing on the papers

On your appeal form you may choose to have your appeal decided on the papers rather than at an oral hearing. This means that an Immigration Judge will make a decision based on the evidence on the Tribunal´s file, without taking oral evidence or submissions. For example, If you have no sponsor or representative in the UK this is likely to be the case. You may request your appeal to be determined on the papers at any time. If your appeal is scheduled for a paper hearing, but you wish to have an oral hearing, you may write to the Tribunal with your reasons and an Immigration Judge will make a decision whether to allow your request or not.

See also recent judgment. Appealing further may be difficult.

[ciare29]

Did you have a legal representative? Who decided that it was unnecessary for an oral hearing?

He does,but the guy has done nothing at all, apart from write one letter.

For the first appeal hearing, we didn't know we could attend it without the solicitor, but the solicitor told us that we could only go with him, and it would cost us two hundred pounds. I think when we didn't attend for this hearing, they took the asumption that we are not a genuine couple, and have now based our further applications on that.

The last letter I wrote to them, I said that we want an oral hearing instead of on papers, but the reply was that is unnecessary to hold an oral hearing because it can be properly dealt with on the papers.

How can we prove our relationship is genuine if they won't even see us?

Also, there was only one letter he recieved, with the decision on, but nothing else, when in the past there has been a letter saying what he should do next, I called the call centre and they said that he should have recieved a letter with the decision, and I we need to write to them to advise them of this.

I really don't know what to do.