I have recently met and fallen in love with a guy who has been in this country for approx 6 years, as soon as he proposed to me he was honest enough to tell me his residency status (or should I say lack of status). When we met I assumed he had the right to stay here as he works here. It turns out he only has a temporary NI. He has his own mortgage, pays his council tax and is a good citizen (an overstaying person anyway). I would still like to marry him and would like to find out how to make his stay here legal so that we may get married. While the option is there to go back to his homeland, I am a qualified healthcare professional and can provide for us both if he had to give up his job, even though he earns good money too. Please don't judge him and be harsh, many readers are quite mean, but if I can be compassionate towards a fellow human, surely others can show some compassion, and maybe even some advice on my predicament....all I did was fall in love...
2007-03-15 08:05:59 · 23 answers · asked by happy_acid 1 in Politics & Government ➔ Immigration
Blast...I just pressed the wrong button and now I'm going to have to type this all over again....
The advice you have been offered here is, to be frank, ill informed crap.
You are in the UK and your intended is a S10 overstayer under the 1971 Immigration Act (as amended). He has no legal status and so he cannot get permission to marry in the UK. Don't bother thinking he can just "go to France and get a tourist visa" because he can't marry on a tourist visa (not to mention all the other things that are wrong with this STUPID advice).
If you are serious then there is only one way forward: He must leave the country and return to his own country. He must approach the British Embassy and make an application to them. Any attempt to hide his past will court refusal. He needs to apply for a FIANCE visa (or a SPOUSE visa if you have married overseas). Only then does he have any chance of securing a lawful and married future in the UK.
You can approach as many solicitors as you like. They will take your money - and so will the Home Office. And the HO's answer will be no (without right of appeal as the application is made by a person w/o leave).
Why not pop along to Eaton House Enforcement Office (Hounslow area) or Becket House (London Bridge) on Saturday morning. If he brings his passport and asks for the CIO in the reporting centre then I'm sure we can start his repatration and hasten your happy nuptuals. Well - the first bit at least.
2007-03-15 10:25:56 · answer #1 · answered by Frisky 5 · 5⤊ 2⤋
Based on what you've written, you're located in the United Kingdom. The UK has strict laws about their immigration, but much more relaxed there than here in America. He has a couple of options (depending on his nationality of course).
One is to leave the country (France or Ireland will be fine) then come back to the UK on a tourist visa and marry you there. Then he can apply for an emergency visa, which may or may not be approved.
The second is to remain as he is in the country and lie low until he reaches the mark where he can apply for citizenship right off the bat. I think it's 14 years in the UK. ANyway, he'll have to prove that he was there the entire time. One document for every six months is great, one for every year at a pinch. His mortgage paperwork will be wonderful for that purpose.
Nevertheless, you should get to an immigration lawyer ASAP so that he can help you guys sort out the legalities of this. In the meantime, check out the British immigration site at: http://www.ind.homeoffice.gov.uk/
It's relatively easy to sort through, though it seems daunting at first. It also gives lots of informationon different visas he might be able to get for the UK. Your best bet might be a finacee visa, where he is allowed to stay there for something like a year (not allowed to work) soley for the purpose of the two of you to marry.
Bets of luck! Negotiating immigration is a tough job!
2007-03-15 08:24:54 · answer #2 · answered by worldtraveller 2 · 3⤊ 1⤋
Maybe the married gay couple will lose some of the rights of being married, and become just partners (Civil union). But I surely hope this doesn't happen in Holland. You were the first country to legalize it, and I hope you stay this way. Maybe someday I'll come to Holland and live my 'sinful' life there, and be out to everyone. But I don't think this will happen in Holland, I mean we have a lot of Christianity going on here, but still the state of Massachusetts allows gay marriage. So i don't think laws will regress, they'll progress.
2016-03-16 21:08:47 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I can't understand how he got a mortgage when he only had a temporary stay in this country, if he lied regarding his status he may be charged for fraud by the mortgage lenders, he will then be in more trouble than he is at the moment and when his boss finds out that he is illegal he will be sacked anyway.
To get married he would have to provide proof that he was a resident in this country.
I understand that the standard of living will be better here than where he comes from but if you really love him why not go to the country where he is originally from and with your qualifications you can get a good job and get married there.
Better that than him being put to prison for fraud for 3 years then deported.
You say he is a good citizen, a good citizen would not lie and cheat his fellow man which you have said he has.
He borrowed money by lying now the lenders will be out of pocket,
He has stolen a job and deprived someone of a living
If you really loved him you would follow him to the ends of the earth, I don't see your problem does it really matter where you live.
2007-03-16 03:42:20 · answer #4 · answered by st.abbs 5 · 1⤊ 2⤋
One thing stuck me in your question. "You could provide for you both".
Why should you have to do that; if you can't be on an equal footing then there is no hope for you as a couple.
Regardless of the rights and wrongs of his entitlement to be in this country, i am concerned about you.
Why let your feelings turn you into a possible doormat?
Love is about sharing; not one person giving and the other taking.
I am not trying to be mean, just being realistic after reading your question.
2007-03-15 08:24:40 · answer #5 · answered by Ilkie 7 · 3⤊ 1⤋
Seems to me he has no other legal option than to get off back to his legal home, wherever that is. Even if it's Uganda, North Korea or some Middle East country, to stay with him you'll have to go there with him ( provided you believe you're not being taken in by this dodgy-seeming guy). Best of luck if you do follow him. He won't need it, he's had plenty already and it looks like he makes his own.
2007-03-15 08:33:03 · answer #6 · answered by Anonymous · 2⤊ 2⤋
If you live in the states, you need to contact an immigration lawyer as soon as possible. I think that's the only way for you to find out if he can stay here legally.
I do believe that if you marry him, he can legally stay here. But the process of getting him a green card will probably be very difficult becaus of his illegal status but you just need to contact a lawyer and find out what s/he can do for your boyfriend.
Good Luck.
2007-03-15 12:19:29 · answer #7 · answered by Anonymous · 1⤊ 1⤋
If he "overstayed" his visa I cannot see immigration officials offering special treatment from his resume mortgage, pays his council tax and is a good citizen really this has no bearing on how to interrupt the laws. He will have to return refile the required paper work. This is why it's important to keep your affairs in order so when events like this happen you are prepared to address them rather than what it should be -is not going to be what it will be.
2007-03-15 08:21:32 · answer #8 · answered by Zoe 1 · 2⤊ 1⤋
There is nothing bad in your decision making. I even respect people like you for your courage. If people you grew up with have got nothing to offer than to deceive, it is better to go for true love.
I really support you to go ahead and marry such person.
Since all what you need in a man is in him. Please, i enjoin you to do anything to make him stay.
Many people are bringing in true love into the country form different countries.
2014-01-11 15:23:13 · answer #9 · answered by dosumu 1 · 0⤊ 0⤋
I would not do that if I were you...I don't know HOW many times I have read on Yahoo Answers about women who got married to illegals and then the illegals invite their family in and the family never leaves, and to make matters worse the illegals family ends up trying to make the American citizen to be the villain by twisting incidents to make themselves look like the victim. There was one girl on here whose illegal sister-in-law said that the girl attacked her after the illegal HIT the girl. The illegal ended up getting a restraining order against her and was KICKED out of HER HOUSE and her husband didn't do anything about it either...he took his sister's side!
PLEASE, just be careful!
2007-03-15 08:15:35 · answer #10 · answered by hera 4 · 3⤊ 2⤋