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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7626
Experience:  UK Lawyer holding practising certficate for England & Wales.
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hello, I would like to ask a question please, i am italian

Customer Question

hello,
I would like to ask a question please, i am italian citizen and want to get married to an Albanian citizen she is illegally in the UK.
we have asked the register office but they want the immigration status and she does not have.
is it possible for us to get married and live in the UK legally, even though she has no status in this country?
can you please advice us what we can do regarding this matter.
thank you!
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
There is no legal requirement for you to have leave to remain in order for a registrar to legally marry you. About three years ago, there used to be because you first had to apply for a certificate of approval from the home office before a registrar was allowed to marry you. This has been abolished:-
http://www.freemovement.org.uk/certificates-of-approval-abolished/
So, the registrar should not refuse to marry you even if you are illegal.
However they are under a duty to ensure that the marriages they carry out are not “sham” marriages for the purpose of obtaining leave to remain. This is probably why they are asking.
You should say to him that you are aware that they can marry you even if you are illegally and ask why they asked about your status. If it is simply to ensure that your marriage is not a sham the you should show him documentary evidence of your relationship in the form of correspondence between you both over a period of time in your relationship.
They should then be able to marry you.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 3 years ago.

hello

thank you for your answer.

my partner is expecting a baby due in about 6 weeks time. what is the status of the baby? i am not the father of her child, she does not want to register the baby under my name. is the baby going to have any rights to be registered under her family name.

please advice me what to do in this case.

Expert:  Thomas replied 3 years ago.
Hi,
This is a family law matter, which I cannot really advise on.
The child will be a UK citizen if you (as an Italian citizen) have been in the UK for 5 years because you would be regarded as have "permanent residence". If you have not been in the UK for 5 years then when you have been you can apply to register the child as a UK citizen using form MN1 and once you receive your certificate of registration you can then use this to apply for the child's passport.
Kind regards,
Tom
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

hi

thank you for your answer.

what is going to happen with my wife's child for registering for nursery and other services because I have bene in the UK just 2 years and the child will be registered in my wife's surname. I will not be registered as the father of the baby.

I am sorry for this complicated case.

kind regards!

Expert:  Thomas replied 3 years ago.
Hi,
Again, this is a family law element which I cannot confidently answer. I am sorry.
Doubtless it would benefit the child to have your name on the birth certificate as well though.
Kind regards
Tom
Customer: replied 3 years ago.

hi,

how long does my wife have to wait take to get the visa after we get married?

kind regards

Expert:  Thomas replied 3 years ago.
Hi
Thanks for your reply.
I will be able to answer at 930.
Kind regards
Tom
Expert:  Thomas replied 3 years ago.
Hi,
She would not be applying for a visa. She would apply for an EEA residence card, which is differnt but it secures her stay in the UK in a similar way that a visa does.
She can apply immediately after marriage. Here is the page on a residence card :-
https://www.gov.uk/apply-for-a-uk-residence-card
Kind regards,
TOm