I'm overstayer now Legally got Married

[alloystar]

I've been living with my partner for 2 years since November 2014 (started having bills on the address from January 2016 when our solicitor said we must both have proof of address). I applied for private and family life FLR 10 year route on March 2016 but was refused and told to go back to my country and appeal because my status has been curtailed.
My partner have ILR at the time we applied but she is now a BC.
The refusal point states that I AM NOT MARRIED AND HAVEN'T LIVED TOGETHER FOR 2 YEARS AND THERE'S NO INSURMOUNTABLE OBSTACLES PREVENTING MY PARTNER FROM LIVING IN MY COUNTRY WITH ME, AND NO CHILD TO CONSIDER OUTSIDE IMMIGRATION RULES.
We've gone through judicial review but my case was refused. We've gone through court writing hearing but was refused.
Now we've got a date for ORAL HEARING at Upper Tribunal.
Is there a chance that my partner and I will win this case if we go for the ORAL HEARING without a solicitor?
We wanted to marry and have applied for marriage licence but the registry said they will automatically send our marriage plans to HO for approval.(Think they've done that already)
My partner earns only £17,000 per annum as a project manager apprentice. Her apprienticeship is coming to an end and she has started getting interview for £25k jobs.
Our solicitor is demanding for £1000 but we don't have at the moment. We have already spent up to £3k on this.
My partner plays a vital role in our council, both in politics and charity work. She was recently appointed as A MEMBER OF BOARD OF DIRECTORS for our local council.
Is there any chance of winning this case at all, especially if we appear at the hearing without a barrister?
Please help me

[CR001]

For partner route if not married, 2 years cohabitation and evidence is mandatory, so the refusal was correct.

What is your UK immigration history?

Your partners activities are irrelevant really.

[Casa]

You don't appear to have any grounds under which your appeal will succeed. You fail on all counts:

Lack of co-habitation in a relationship 'akin to marriage' for the full 2 year period.

Failure of your sponsor to meet the mandatory £18,600 p.a income level (future employment doesn't qualify).

No strong family ties (children etc)

Your partner being active on the local council and politically involved won't strengthen your application.

Solicitors aren't miracle workers. Save your money.

Edit: Beaten by CR001

[alloystar]

I have been in UK since 2007.
I have been on student visa until my stay was curtailed in 2014 because our colleges kept loosing their licence.
So if my case is refused what should I do next. I think the HO will not grant us permission to marry if my case is unsuccessful in court.
Should I go for a higher court or should I just wait until we have evidence that we have lived for two years.
NOTE: we already lived together for upto 2 years but I only have 1 year proof of address with my partner. Would HO grant me a stay if I make fresh application? Or should I wait until we have proof of address for two years.

[Casa]

Your next step should be to return to your home country and as soon as your partner has 6 months proof of earning £18,600 p.a, apply for a fiance visa to return to the UK legally and marry.

[alloystar]

I'm overstayer but now married in the Church of England via registry. What is the right form to fill and submit to the home office to get my stay?
My wife earn over £28,000 and we've lived together for over one year.
Should I apply for Flr (M) or Flr (FP) or something else.
Please help us, we have spent a lot of money on solicitor and now we are married we dont want to use solicitor anymore.

[bathanza]

If you are a overstayer, FLR M won't work. FLR FP Partner 10 year route will as you are legally married. You will need to provide proof of relationship/commitments etc. as you do not want to be in a situation where the Home Office will doubt your relationship.

What was your previous case?

[donwilliams]

Can you please share the process you went through getting married here in the UK without not being detained by the home office as I am also an overstayed trying to get married here in the UK as well. How did you go about it and what documents did you submitted. Thanks.

[Casa]

If you are a overstayer, FLR M won't work. FLR FP Partner 10 year route will as you are legally married. You will need to provide proof of relationship/commitments etc. as you do not want to be in a situation where the Home Office will doubt your relationship.

What was your previous case?

Unless you have children together a FLR(FP) application is unlikely to succeed. Marriage doesn't give you any legal status and assuming you meet all the requirements for a Spouse Settlement visa in my opinion it would be wise to return to your home country and apply from there.

A FLR(FP) Partner application is a 10 year route to settlement and can take a wait of 12 months or more for a decision, during which time you will be unable to work.

[bathanza]

If you are a overstayer, FLR M won't work. FLR FP Partner 10 year route will as you are legally married. You will need to provide proof of relationship/commitments etc. as you do not want to be in a situation where the Home Office will doubt your relationship.

What was your previous case?

Unless you have children together a FLR(FP) application is unlikely to succeed. Marriage doesn't give you any legal status and assuming you meet all the requirements for a Spouse Settlement visa in my opinion it would be wise to return to your home country and apply from there.

A FLR(FP) Partner application is a 10 year route to settlement and can take a wait of 12 months or more for a decision, during which time you will be unable to work.

Somewhat agree with you Casa. In the form and guidance, it does state if you are married or been together for two year "akin to marriage" it would depend on the actual case if the applicant is unable to return back to the home country, or not being able to meet the finances.

I would say it would depend on how long the OP has been in the country. Have read other members posting successes after 11 or 12 years of residence here UK and applied spousal with success in 2 or month period so do agree with you.

[CR001]

Topics Merged (click) for members to have the full story and to avoid duplication of circumstances being posted.

[alloystar]

If you are a overstayer, FLR M won't work. FLR FP Partner 10 year route will as you are legally married. You will need to provide proof of relationship/commitments etc. as you do not want to be in a situation where the Home Office will doubt your relationship.

What was your previous case?

Thanks Bathanza,
I've been in uk since sept 2007 as a student. Been to many colleges but licence withdrawn.
I met my wife and we apply to the home office as a partner but they refused saying we haven't met any requirements to grant me a stay in uk.
We went for judicial review (written and oral hearing) but the judged refused because 1: we haven't lived together for 2 years, 2: we are not married and 3: we have no children together yet.
We have continually informed the home office that we want to get married but they are blocking it and that is very inhuman.
We requested for a copy of my passport and took it to registry and we got interviewed and we went to church and informed them about our marriage plans. After 28 days the home office sent a letter to my address saying they will not investigate our marriage, but we must be aware that it's not intended to obtain a stay in uk.
I received a letter telling me to go back or come and sign at lunar house in Croydon but I ignored that. Capita sent me letters many time telling me to go back home, but I ignored them as I know I have no business with them.
Glory to God we had a wonderful wedding last Saturday.
I have fearfully read the guidelines and I am planning to apply for Flr (fp) on 10 years route and then when I got it I will apply again for Flr(m) 5 years route.
If you are reading this and you want to get married please follow my step.

[Obie]

Just out of interest, how did the registry accept a copy of your passport. Registry don't usually accept that?

[bathanza]

I had sent copies, on the day I wasn't even asked to show the originals even though we had them.

Some registrars are stricter than others as a guess..

[Obie]

What registry office is that?

[bathanza]

What registry office is that?

With all due respect, I prefer not to disclose this information. Once I have further answers on my own case, I will happily share. I would take a stab and guess that registrars can tell if a marriage is genuine or not.

[donwilliams]

@bathanza, do you have children with your partner? i am an overstayer as well and wanted to marry legally as you did. if you have a thread about your application details kindly paste it for me to read more. thanks.

[FXR_1340]

I have just read this thread thru and I must say I am confused......easily done

How can a non resident or UK citizen manage to marry without out a fiance visa?

[ThaB]

Hi, I am overstay and I will get marry soon, we already have the interview in the home office about our wedding, and now I need to report every 2 weeks in the immigration centre. They gave to us the letter allowing us to get marry. So after the wedding I still need to report every two weeks in the immigration? And how will be my status here?
Thank you!

[bathanza]

You continue to report as requested.

Getting married doesn't mean you are legal now..UKVI needs to decide this. Have you got a case based on your partner?