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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6511
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a British citizen, originally from Seychelles. My partner

Customer Question

I am a British citizen, originally from Seychelles. My partner who is also from Seychelles is an asylum seeker and has been living in the UK for the past 15 years (longer than I have). We have a beautiful daughter together. She is 7 weeks old. We want to get married and raise our daughter in a stable home. Can a British citizen marry an asylum seeker? Will my partner be able to apply for residency after marriage? Our relationship is genuine. All we want is a stable loving family home for our daughter.
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your questions.

There is no restriction on to a person is legally allowed to marry. Previously you had to apply for a certificate of approval from the united kingdom border agency in order to marry a person. However this is no longer the case and any person is free to marry any other person provided I can prove their identity to the person carrying out the marriage. They will also have to give appropriate notice of the marriage at the registry office in the usual way but apart from this there is no restriction.

I assume that the fiance has been granted asylum in the u k. Once married he will have to switch to leave to remain on the basis that they are a spouse of a u k citizen. Once they have been in this category for a period of 5 years I can apply for indefinite leave to remain in the u k so that he can remain here indefinitely.

He needs to check his asylum status and if he has been granted asylum in the u k. If he has not and he is currently illegal in the u k then he will certainly need to instruct a solicitor once they are married to make the application on his behalf.

If this is useful please kindly click accept and rate my answer as okay service or above what is it if you do not then I do not receive any credit for the time I have taken to answer your questions.

Kind regards.

Tom
Customer: replied 1 year ago.

Hi, thanks for answer. Just one more question. My partner sought asylum 15 years ago and he is still waiting for an answer from the immigration office. What do we do? Will he be able to apply for a spouse visa after marriage whilst his application for asylum is still pending?

Expert:  Thomas replied 1 year ago.
Hi

Because ios application has ben in process for that length of time I should think you'll be absolutely fine to switch to a spouse visa without leaving the u k.

Frankly it sounds like the united kingdom border agency have lost his application and he should not be prejudiced as a result. I still would advise instructing a solicitor to prepare the application on his behalf

Please kindly remember to rate my answer.

Kind regards.

Tom
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6511
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you. I am very happy with your answer. Excellent service. Happy New Year!!!

Expert:  Thomas replied 1 year ago.
Hi

Thank you for your kind note and rating my answer.

Happy new year.

Tom

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