Help needed

[Daisy72]

Hello
I have been in a relationship with an illegal Albanian immigrant for the past 18 months
He is currently living with me and I am in the final stages of my divorce.

He wants to marry and stay in the UK. We have seen a lawyer who advised we needed to get bills in ti's name show proof of having a committed relationship. My point is how and when do we start home office paper work.
Thanks

[CR001]

The first hurdle you will face is being able to marry. In order to marry in the UK, you and your partner have to attend an HO approved Registry office with proof of ID and right to reside (visa usually) and likely proof of address for both of you and give the standard 28 days notice of intent to marry. The Registry office then inform Home Office and the notice period can be extended to 70 days for HO to investigate and/or interview each of you separately.

Only once HO gives permission, can you then marry. This process will bring your partner who has no legal status in the UK to HO's attention.

You will also need proof of your divorce decree absolute.

In terms of evidence of subsisting relationship, this should have been started months ago to prove your relationship.

Note that simply getting married does not give any automatic right to reside in the UK and your partner should ideally return to home country and apply for a spouse visa, assuming you meet the requirements.

[Daisy72]

Thanks for your reply.
I have contacted relevant agencies
Water electricity gas
Council tax I'm unsure if I'm allowed to given my partners status and unsure if I can put him on electrol register
I also wothod to open a bank account but he only has his passport....
Thanks again

[Zerubbabel]

unsure if I can put him on electrol register

You can't. That register is only for UK or resident EEA citizens. He can't vote.

Also, banks don't open accounts without proof of legal residence in the UK. They check that carefully so there is no point trying that.

Do you work at the moment? What's your yearly revenue?

[Daisy72]

Thanks
I'm self employed
I do earn around 22,000 a year.

So bills wise just gas electricity phone etc...
Thanks x

[CR001]

You need substantially more supporting documents if you are self employed.

https://assets.publishing.service.gov.u ... -ext_1.pdf

Unclear from your posts if your partner is going to try sort his status out while in the UK or from Albania.

There are also different rules unmarried partners and married couples, the latter not requiring evidence of cohabitation for 2 years that unmarried partners do require.

[Daisy72]

Thank you
My partner is living with me in the UK.
Currently un married. Wo hope to apply to the home office once my divorce is final / showing 2 years together in a realationship.
Thank you for tho link regarding income much appreciated.

[CR001]

He is unlikely to be successful with an unmarried partner visa as HO will likely take the view he can leave and apply for a visa in the proper way from Albania.

Note that you need substantial evidence of 2 years 'relationship akin to marriage' with joint financial and other commitments to apply as unmarried partners. You don't appear to have that if you are only adding him to documents now.

[Daisy72]

I understand
Bottom line is it will be unsuccessful now if we apply next year... Is it worth waiting till 2021...??

Our lawyer said to put names when we visited in Jan which I did... But from what I'm understanding from your reply is too little to late... Which is more open than any lawyer and I thank you

[Daisy72]

Also can I add his literally just moved in September 2019 as I wanted decree nisi done first
Just want the whole picture put out there

[CR001]

I understand
Bottom line is it will be unsuccessful now if we apply next year... Is it worth waiting till 2021...??

Our lawyer said to put names when we visited in Jan which I did... But from what I'm understanding from your reply is too little to late... Which is more open than any lawyer and I thank you

For an unmarried partner visa, it is a mandatory requirement to show substantial evidence for a MINIMUM of 2 years of being in a 'relationship akin to marriage'. There is no discretion on this. 'Visiting' each other does not count as you are then simply seen as 'boyfriend/girlfriend'.

Also can I add his literally just moved in September 2019 as I wanted decree nisi done first
Just want the whole picture put out there

You then have a very long way to go. You need the decree absolute before you can marry if HO gives approval and if you are going to risk the unmarried partner visa, you need the 2 years mandatory evidence.

Does he work illegally as well??

On what visa did he enter the UK??

You should be aware that this scenario is very common, particularly with Albanians with no legal status in the UK, and there are many tales of woe on the forum. The majority of applications within the UK are refused. Many from home country are also refused and only some won on the lengthy appeal process.

[Daisy72]

Yes he does work illegal
No visa....

This is a hard pill to swallow but one I am prepared for... I guess its a waiting game.. My thoughts are we should wait till 2021.. At least that's 2 full years
Thank you for all your advise x