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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 6282
Experience:  English solicitor with over 12 years experience
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Can an asylum seeker IN THE uk MARRY A NON UK BUT AN

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hi
JA: Hello. How can I help?
Customer: Can an asylum seeker IN THE uk MARRY A NON UK BUT AN EUROPEAN CITIZEN?
JA: What steps have been taken? Has any paperwork been filed with the UK government?
Customer: nO
JA: Have you talked to a lawyer about asylum?
Customer: no
JA: Anything else you want the Lawyer to know before I connect you?
Customer: not really

Hello,

 

Yes, this is possible as long as the right procedure is followed e.g. giving of notice of intention to marry.

 

May I help further?

Customer: replied 14 days ago.
Yeah please
Customer: replied 14 days ago.
I have not yet being granted the refugee status so i am an asylum seeker. i have a girlfriend and we intend to spend the rest of our lives together but she insists we need to marry the african way. Traditional - civil - church and in her home country Ghana.
Customer: replied 14 days ago.
With my current situation as asylum seeker, i am not able to leave the UK until a decision is made on my case. So she proposed a proxy marriage where we shall be represented in court in Ghana by family and friends then the certificates sent here for recognition.

She has a French passport and lives here in the UK.
Customer: replied 14 days ago.
So my questions are?
1: As an asylum seeker, what do i have to do in this case?
2: Will this also change my status from Asylum seeker to another visa type like indefinite or something?
3: What are the advantages and possible disadvantages of doing this? Any risks involved?
4: Finally, will this marriage be considered alongside the Asylum application? What i mean is will the asylum application be completely cancelled and marriage considered for me to be given a leave in the UK? Or will i be granted a restricted leave after the wedding?

Thanks for a Quick Response

in Awuku v SSHD [2017] EWCA Civ 178, the court of appeal decided that if a proxy marriage complies with the law of the land in which it is celebrated it will be recognised in England and Wales.

 

So, if your marriage is lawful under Ghanaian law, it would be valid in the UK.

 

Once you get married, you may then both apply under the EU Settlement Scheme: https://www.gov.uk/settled-status-eu-citizens-families/applying-for-settled-status

 

There is no risk involved.

 

All the best. Please click on 5 stars

 

 

 

Customer: replied 12 days ago.
Hello, thanks for your great response. but you forgot to mention in the response how it affect the asylum seeker which i am.
From your answer above, you have explained the case with a standard person.
but for me as an asylum seeker, what applies to me.
Does it cancel my asylun application, does it merge with it?
what are the possible outcomes?
Thanks

It overrides your asylum application and once granted, you will no longer be an asylum seeker.

 

All the best. Please click on 5 stars

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