please help

[elaz]

I am married to a man who came to england as an asylum seeker. He has had his claim rejected on both asylum and humanitarian grounds. He has been here over 3 years and we met almost 2 years ago. 7 months ago we had Islamic marriage and have been living together since. His last appeal for asylum was turned down and we were advised by immigration services to make a fresh claim on the grounds we are married. This failed. Apparently our marriage is not recognised in the UK even though we are both muslim. He has now been told to leave the country either voluntarily or deportation. The Home Office have suggested I should go to his country (Iraq) this means leaving behind my grown up children and I am the only family they have. I also dont feel safe moving there.

We never applied for certificate of approval to marry (english marriage) as we were both happy with our Islamic marriage. It doesnt say on the rejection letter if we can appeal (and due to bank holiday it will be tuesday before i can get advice)

If we can appeal are we likely to get approval to marry passed? Is there anything we can do? We are both at our wits end. Our marriage is genuine and the thought of being apart is killing us both.

If he leaves voluntarily would he be able to come back on a fiance visa? Or if i go over there for a holiday and are able to get married would the home office recognise this as a legal marriage?

sorry there are so many questions and sorry this is maybe vague but i am writing it through tears. Any help or advice would be truly appreciated thank you

[MPH80]

Ok - I'm afraid the home office are right - if you just married via an islamic ceremony and you haven't signed the civil marriage register - then you are not legally married in the UK.

An appeal probably won't succeed on marriage grounds because, simply, you aren't married. I'm very surprised any immigration advisor gave you the advice to apply on the basis of just the islamic ceremony.

Do you have any kids together?

He can return, and providing there haven't been lots of illegal activities going on (e.g. working, claiming benefits when he shouldn't) then he should be able to return either as a fiancee or, if you went and married him there, as a spouse.

He cannot be prevented from coming back as a spouse or fiancee simply because he's an overstayer. However, as I said, if he has been acting illegally in other respects - he might be subject to 320(11) which can prevent him coming back (google it).

Now - on the options for remaining. The certificate of approval is being abolished in May - so you should be able to legally marry without the need for HO approval.

You could then re-apply for discretionary leave to remain for him as your spouse. But this wouldn't necessarily put him on the proper 'spouse' track - it might simply be three years discretionary leave.

It is also, by no means, guaranteed - he might still have to return and apply from Iraq.

M.

[elaz]

hi and thank you for your reply. no,we dont have kids together and theres been no illegal activites at all ..... ive googled the 320 11 and i think if ive got the right thing the section is deleted http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

thank you so much for the info on the COA being abolished... the adviser at IAS did say it was being done away with but didnt give us any information. That has given me some hope that we may be able to stay together

sorry to keep asking questions but do you know or can you guide me to somewhere where i can find out about marrying in his country (Just in case) im assuming i would need to be there for a certain length of time....i have googled and googled over the last few weeks and found nothing ...so sorry for being gormless.... i just have never been or known anyone in the same situation

[Greenie]

Ejaz what is your nationality? Where are you from originally? Do you speak Arabic or Kurdish (if your husband is Kurdish)? Where in Iraq is he from? How old are you and how old is your husband?

I don't think you should be thinking about trying to get married in Iraq, once the Certificate of Approval scheme is abolished in the next couple of weeks you should get legally married in the UK. You should then make a further application for discretionary leave. You need to show why it would not be reasonable for your husband to have to return to Iraq to apply to come back (note also that he can't even apply for his visa from Iraq he would need to travel from there to Jordan, Syria or Lebanon which is in itself very dangerous).

[elaz]

hi greenie, im a british citizen, born here...... I speak a little bit of kurdish and even less arabic (i only know arabic i need for prayer) hes from northern iraq and is kurdish. My husband is late 30's im early 40's. Thanks for the info on the visa..... there have already been submissions in previous claims and appeals as to why he cant return there (with proof) but its being unaccepted I'm going to keep my fingers (and toes) crossed that we can have the english marriage and go from there..... thank you for replying

[Casa]

Asalam alaikum Elaz. As the need for a COA will be abolished on the 9th May, as you've already been advised, the easiest and probably safest option in the circumstances would be to marry in a Registry office in the UK.
A few mosques do have a licence for marriage where a registrar would attend. It may be an idea to check with your Imam for advice if you would prefer this to a Registry office.

[elaz]

wa alaikum salam casa... thank you for that.... personally i would prefer that and i guess my husband would too..... i did know that some mosques could register marriages but theres so much on my mind that when MPH mentioned the COA being abolished i didnt even think of contacting the mosque...ive just been googling my local registry office

[Casa]

Keep us updated....hope it all goes well for you both.

[elaz]

i will casa and thank you