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Registrar Marriage for Overstayer

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michaelcm
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Joined: Mon Jan 05, 2015 6:36 pm

Registrar Marriage for Overstayer

Post by michaelcm » Mon Jan 05, 2015 7:18 pm

Greetings everyone here and Happy New Year. I am new to this forum so please forgive any errors.
I am living as an over-stayer 13 years now,having come to UK as a student. I have a partner who has ILR and we have 2 children both British Nationals and we are expecting our 3rd child this month.
I applied to H/O in 2011 under article 8, right to family life, but was refused citing. H/O claimed there was no evidence to show that I had established a family life despite having 1 child with my partner at the time of application. And the H/O has retained my passport since. My solicitor then applied for a reconsideration of decision
but we never heard from the H/O for 3 years. Then mid 2014 Capita on behalf of H/O wrote to my solicitor with a form to fill relating to change of circumstances, which we filled and sent back to Capita.
We are now still waiting to hear what decision they will come to.
But as we wait for the decision we want to get Married at the registrar. But I do not have my passport since the Home office kept it.
I have a British Drivers Licence. Will it alone be admissible by the registrar to effect our Marriage?
My other question is:What are the chances that I might be arrested and detained at our marriage ceremony and If I was to be detained , what course of legal action would be best to free me from detention to avoid me being deported and separating me from my family?
Thank you very much for any suggestions.

riz1986
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Location: Loughborough

Re: Registrar Marriage for Overstayer

Post by riz1986 » Mon Jan 05, 2015 11:46 pm

Don't even think abt going to Registrar office .........y u didn't appeal against that deceision into the court .....u culd hv got the visa by now ......u can apply on da basis of unmarried partner assuming u lived together for over two years and hv all the evidences etc......u hv a strong case on succeeding on human rights basis.

vinny
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Re: Registrar Marriage for Overstayer

Post by vinny » Mon Jan 05, 2015 11:52 pm

Watch the UK border force. They like to be guests at weddings.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

michaelcm
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Joined: Mon Jan 05, 2015 6:36 pm

Re: Registrar Marriage for Overstayer

Post by michaelcm » Tue Jan 06, 2015 6:17 pm

@ riz1986 , Thanx a lot for the insight.
When the H/O turned down my application they said I had no right of appeal. Was it possible to take their decision to the courts ?
My solicitor requested a reconsideration which she said was the only option at the time.
As I am still awaiting a decision from Capita I think the best option is to wait. Hopefully it comes out positive for me.
And in the meantime I will be prepared to launch a fresh application on human rights grounds if Capita gives me a negative response.

@vinny , I think the wedding is off the cards for now, thanx.

GodGives
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Re: Registrar Marriage for Overstayer

Post by GodGives » Wed Jan 07, 2015 12:03 am

You can still get married...don't be scared...as long as it is genuine...ask the registry office what you need to show first then you can decide if you have the docs to show at the registry...you can Also get married in church if you wish...I am also waiting to hear back from capita after sending back the forms..would be useful to know if anyone has also got a letter from capita and what their experience is
Godgives

michaelcm
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Joined: Mon Jan 05, 2015 6:36 pm

Re: Registrar Marriage for Overstayer

Post by michaelcm » Mon Jan 12, 2015 1:42 pm

@ GodGives thanx for the advice.
Registrar says I need my passport which the H/O did not give back to me. I guess its better I wait for Capita's response before proceeding....

michaelcm
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Joined: Mon Jan 05, 2015 6:36 pm

Re: Registrar Marriage for Overstayer

Post by michaelcm » Mon Jan 12, 2015 1:43 pm

@ GodGives thanx for the advice.
Registrar says I need my passport which the H/O did not give back to me. I guess its better I wait for Capita's response before proceeding....

noyolo
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Bangladesh

Re: Registrar Marriage for Overstayer

Post by noyolo » Thu Feb 08, 2018 3:10 pm

Hi there!
Do not be scared ... you can decide if you have the docs to show at the registry. ..you can also get married in church if you wish ...
my husband and I live 4 years.
read here, can find something useful weblink removed by moderator
good luck to you
and remember -do not be afraid

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CR001
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Re: Registrar Marriage for Overstayer

Post by CR001 » Thu Feb 08, 2018 3:24 pm

noyolo wrote:
Thu Feb 08, 2018 3:10 pm
Hi there!
Do not be scared ... you can decide if you have the docs to show at the registry. ..you can also get married in church if you wish ...
my husband and I live 4 years.
read here, can find something useful weblink removed by moderator
good luck to you
and remember -do not be afraid
This topic is more than 3 years old. Kindly refrain from digging up old topics to tag a post onto. The rules have changed regarding notice of marriage.
Char (CR001 not Casa)
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