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I am Agnes. Polish citizen. living and working in U.K. for three years. The problem is I have a boyfriend for three years and he is a failed asylum seeker. He has lived in U.K. for 6 years now. We are planning to start a family and don't know from where to start. He doesn't have his passport with him. He has home office papers and a negative decision on asylum case. On top of that he has served 3mth sentence in prison for harrassment of his ex when they broke up. We really want to leave the past behind, get married and carry on with our lives but donot know what to do?
Optional Information: Province/Country relating to question : England Already Tried: Haven't approached anyone....
Dear Agnes
You can apply to the UK Border Agency for permission to marry. They are not concerned whether he is here lawfully or not, just if the relationship is genuine. If you have evidence to prove that you have been living together eg, bank statements, utility bills, etc and photographs of you together then it will help your application. Alternatively, if you are able to marry in an Anglican church then you do not need permission from the UK Border Agency to marry. You mention that your partner is a failed asylum seeker, he may well be under the Home Office legacy case which deals with the back log of failed asylum seekers who are still in the UK. He should see a solicitor about this since the UK Border Agency are making decisions under the legacy and some people are being granted indefinite leave to remain. Either way, you can apply to marry and once you are married, then he will become a family member and protected under European law.
Hope this helps
Regards
Yvonne
Experience: LLB. Hons.
thank you very much. your advice has been very informative. Just need to confirm one little thing. If he goes to police station to register a complain of lost passport in order to get a new one from embassy so that it will be easier to get married in a church. Will he be detained in the police station?? will police check his immigration status before or while registering a complaint of lost passport??
If he reports his passport lost to the police it is very likely they will check his staus and immigration will be called. He could be detained or required to report at an immigration reporting centre. If you apply to the UKBA for permission to marry, he can use his birth certificate to prove his identity. Once he has made an application then he could report his passport lost in order to get a new one from his Embassy. That way when the police check with immigration it will be recorded that he has made an application although he is likely to have to start reporting.