Immigrationboards.com

Hi
I have a few questions:

My fiancé came to the UK in 2006 on a student visa. It expired in 2009/2010. The college he was attending failed to send the correct form to the HO and he did not appeal in 2009/2010.
His passport has been with the HO since then

We have been in a relationship since 2011/2012 and got engaged in November 2013. We would really like to get married and started living together last month.

I have 2 children from a previous relationship and my fiancé has formed a very close bond with them in the last year (i chose not to have them meet in the first year of our relationship).

He has been to see a solicitor about legalising his stay in the UK and the fees worry me as the solicitor is asking for over £2000 excluding the form fee. I feel that we can put his case forward but wanted to know if any one advises against this

1.) Should we make a FLR (M) , (O) or (FP) application?

2.) Will he receive a bio metric card while his application is being considered?

3.) Will we be able to get married in August if his application has not been decided by then?

4.) Will the fact that he has overstayed so many years increase the chances of his application being rejected?

I will appreciate any advice

Kind regards

£2000 is not the most expensive price i heard if the case is complicated. All the following thoughts are just what I think according to my experience.
1. On which grounds will he apply for visa? If he was a student, HO will probably ask him to prove that he was studying all the time making progress in his study.
2.He will receive his BRP only AFTER and IF they grant him leave to remain. If situation is complicated it might take long time. In my case it took 9 months.
3. I am not sure about this. I think he will need his passport and visa. I think he should inform HO about his intentions to get married and HO will issuing a letter or something. Someone could answer this question better than me.
4. Yes. It will increase his chances for refusal. They might ask him to leave the country and reapply from outside UK. It all depends on your status. I think if you are EU citizen, it will be easier.
Please bear in mind, that applying on your own without solicitor will consume a lot of time searching (if you do not have decent knowledge of immigration rules). It might work out cheaper to do it on your own if you have a straightforward case. If the case is complicated be prepared to be it your full time work. It is not a joke. I know this for sure as I was fighting HO on my own. Be very careful of what you are doing, check and double check before you send anything to HO (Fill the right form so you do not lose the fee etc). And another thing - if there will be refusal, he will not have much time to sort everything out. So get ready to all possible outcomes and decide what you out to do if they happen.

Thank you.

That's quite helpful

You no longer need to notify the Home Office for permission to marry. However, the Registrar will need to see your fiance's passport...which you say is with the Home Office. Your solicitor should have warned you that the UKBA could arrest your fiance on the day of the wedding if they are notified by the Registrar, as it appears he has no appeal outstanding.
I believe you do need legal help with this as it's a tricky situation. You need to decide whether your present solicitor is able to give to the level of help you need, or if you should contact another.

Casa wrote:You no longer need to notify the Home Office for permission to marry. However, the Registrar will need to see your fiance's passport...which you say is with the Home Office. Your solicitor should have warned you that the UKBA could arrest your fiance on the day of the wedding if they are notified by the Registrar, as it appears he has no appeal outstanding.
I believe you do need legal help with this as it's a tricky situation. You need to decide whether your present solicitor is able to give to the level of help you need, or if you should contact another.

Thank you Casa. Are you aware of any good solicitors in the London area

Will PM you.