How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7590
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Family Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

I am a British citizen, originally from Seychelles. My partner

This answer was rated:

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.

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.

Customer: replied 4 years 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?


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.

Thomas and other UK Family Law Specialists are ready to help you
Customer: replied 4 years ago.

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


Thank you for your kind note and rating my answer.

Happy new year.


Related UK Family Law Questions