Marrying at the registry office for failed asylum seeker

[victoryfromhigh]

Hello good people. Just want to know about applying for a leave to remain as a spouse as a failed asylum seeker. I will keep my story short.

I came to the United Kingdom under a student visa in 2007 and did a postgraduate course and that's were i met my girlfriend. Completed that in 2008. Applied for a PSW visa for 2 years successfully. I applied for asylum in November 2010 before my PSW visa expired. My asylum application has since been refused and determined as I exhausted my appeal rights.. This was in July 2011. I have been in a relationship with my girlfriend for the last 4 years since we met at university. Unfortunately we have no kids and haven't been living together. I have photos of all things we have done together, emails of ticket bookings when she comes to visit me from london as i had to move up north from london. In August 2011 this year she applied for her ILR and was granted the visa. My girlfriend and I are planning to get married now that she has her ILR and she is due her British citizenship next year August.I am 27 years old and she is 24.

The home office have my passport and all my documents.
I want to know if i can use my ARC identity card fromHO, at the registry office as proof of identification. The only other documents I have are my provisional and bank statements.

I am in limbo and need some advice guys. Thank you

[John]

My asylum application has since been refused and determined as I exhausted my appeal rights.

So what is your status now? Are UKBA wanting to deport you? Do they know where you are now? The point is that it is not unknown for UKBA to take the opportunity of a wedding to arrest someone immediately before the intended wedding. The Sky TV programme "UK Border Force" has shown a number of such instances.

So just because you succeed in giving the required "Notice of Intention to Marry", and book a date for your wedding, do not necessarily think that the authorities will allow the intended wedding to take place.

Your asylum application has been refused, which presumably means that they do not think you are in danger if you return to your country. Are they right? Can you return, and then apply for a fiancé visa in your country? Which country is that?

Or both of you could go to your country, get married there, then you would apply for a spouse visa there in your country.

The point is that even if you succeed in getting married in the UK, and then apply in the UK for a spouse visa, there is no guarantee the application will be granted, and in any case it will take a long time for the application to be dealt with. And all that time you will not be allowed to work.

It is far speedier to apply for your visa from outside the UK.

[victoryfromhigh]

Thank you John for your reply.
My status is I have no leave to remain as my case was determined in July and exhausted my appeal rights. UKBA sent me a letter telling me they expect me to leave that i have no leave to remain. Does that suffice to say this can translated to mean its a deportation order? What would a deportation order contain?. This was a week ago they sent me this letter. They know were I am as i have been reporting since december last on a monthly basis.
I am from Zimbabwe and was thinking of the option of returning voluntarily if the case was it would make things a bit simpler and straightforward. Not to say it is an absolute definite.
Say if i return voluntarily without any assistance from UKBA what is the process of getting my passport and other relevant docs they took from me at the screening interview(degree cerificates etc)

[kk2012]

I feel in no position to make a recommendation, but I can tell you from experience that against what seemed to be common knowledge of really everyone and those with some expertise of immigration, the register accepted (and it was also checked within the office) the algerian national id card and driving license from my fiancee to give notice. The home office also had his passport. These documents have to state the name, nationality and date of birth in english, or otherwise need to be translated.

Below is a list of alternative documents:
http://www.direct.gov.uk/en/Governmentc ... /DG_175717

good luck

[John]

Giving the Notice of Intention to Marry is not the problem. The problem is whether UKBA will turn up at the wedding.

[sunny2012]

This was a response to the original question, about the kind of documents needed to give notice.

[lucy_2011]

@ John,

here is the catch frm UKBA... they wnt turn up on the wedding coz acc to their belief, they say that anyone has right to marry under Human Rights...
they will interfere n mint money at the time of applying visa...
this is wat they did to me and many more victims of UKBA...

[victoryfromhigh]

hi lucy_2011

did you manage to get your DLR or spouse visa. and what did they require from you when you made the application?

[mimieangel]

You
can get married they will not prevent you. You ARC card and utility bill is enough evidence to prove who you are. You only can register with a designated registrar office. I got married the that way, but remember you will still be illegal when you get married so they will ask you to go and apply for entry clearance from your country, otherwise its a long fight if you try article 8 but you have to be living together

[lucy_2011]

@victoryfromhigh,

sorry i just chkd ur msg now..
no this is wat exactly they did to me.. i was on prospective student visitor visa.. came to uk for finalising a college for my study. my husband sponsored me as before our marriage we had been family friends since ages...
once we took parents permission, we got married in july 2011 before the expiry of my visitor visa. before getting married, i calle dup registrar ofc and also uKBA to confirm whether i can married, n i was told that there is no problem to get married.. in the registrar ofc, i provided my passport n a utility bill wid both of us as a joint payer. they knew the fact that i was on visitor visa..
even after asking UKBA, n thn applying for spouse visa from within uk, i was refused wid no rights to appeal... i was suggested by the voluntary departure team as mentioned in the refusal letter, that i shld apply for spouse visa frm india.. i went back n applied and they again refused mentioning that marriage is not genuine despite providing all the proofs of our relationship...
we appealed n recently went thru a court hearing n my husband represented me.. the judge and the ECM who came to attend it were in my favor saying that the appellant should have been in UK by now. they lost all the albums, docs, emails, text msgs, skype call logs, we'd sent wid appeal form. The ECM herself said that if we'd seen the docs, we wld have not come to the court... at the end, the judge just said that the appeal is allowed and also asked the ECM whether she has any objection n she replied NO.

So now im just waiting for the call letter to submit my passport...

this is the way the concerned department deals wid other's emotions... im just not happy wid the way system has been working n dealing wid appeals... just hope no one else wld face this...

[$uperman]

In such cases Border Force would probably attend your wedding because technically you have no legal status at the moment in the uk. The proper way is go back to your country apply for the spouse visa and come back

[Casa]

$uperman this is a very old thread and no longer live.

[$uperman]

Ok mate

i thought they still might need help