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UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 5122
Experience:  English solicitor with over 12 years experience
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My fiance is an overstayer and we wish to get married and of course, he ne eds to reg

Customer Question

Hi, My fiance is an overstayer and we wish to get married and of course, he ne
eds to regularise his papers also. I am a UK citizen with earnings 100% above the income thgreshold and own my own property.
My questions are 1. Can we get amrried in UK? (He stillhas his UK drivers licesce from when he held valid visas), can we marry with just that ID and bills records to take to the registry?
2. What are the other options. I am told of him leaving the country and then applyingfrom outside the country etc.
Whaich one had a higher potential for success? Ideally I would want him to get everything here so we can travel and go on holidays together as I dont want him stuck abroad and for me to be single here.
Please help me. We would prefer not to have a child out of wedlock but I would like to hear/ know al our options.
Final question. Is he likely to be penalised buy other countries now when he males visa applications having overstayed in UK before. He's overstayed by at least
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
He will need to present his passport with a valid visa to allow him to marry you in the UK, which he is unable to do as an overstayer. A driving licence is not sufficient.
I would suggest that you both get married in his home country if possible and he then applies for a spouse visa to enable him to come to the UK and live with you as a married couple.
This route has the highest probability of success.
Once he gets his UK visa regularised, he should not be penalised by other countries. However, each country will have its own rules and he should check with the country's embassy about requirements for visa applications to those other countries.
Having a child out of wedlock is not really an issue under the law and if you cannot wait until you get married, you may have the child now before he obtains his visa.
However, whether or not you have a child, he still has to apply from his home country unless there is a e genuine reason that he will be in danger if he returns there.
All the best