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Hi welcome to Just Answer. I am not clear what your issues is here. There are two separate points - the formalities of getting married and your or your fiancé's immigration status. You do not need to get permission to marry in the UK anymore even if you are subject to immigration restrictions but everyone is required to provide certain information including evidence of their nationality - so if you have not got your passport you need to produce a certified copy or ask the registrar if any other evidence is acceptable. There is no human rights or other issue her - it is the same for everyone. I appreciate you have an administrative hassle but you will have to get your passport back or get a copy. What questions do you have about the spouse visa and your fiancé's immigration position?