Thanks for your reply.
If you wish to marry in this country then he must apply for a certificate of approval from the UKBA in order to marry. Although being an overstayer is not technically permitted as as a reason for refusal the practical reality is that the UKBA will take a long time in actually issuing it to your husband.
No certificate of approval is require in order for you to marry in an Anglican Church provided you can find a minister willing to carry out the service. You may choose to investigate this.
Once married he will then need to make an application for a spouses visa. The UKBA will not consider an application made in this country by an overstayer except in the most exceptional circumstances (eg. where to require him to return to his home country would severly prejudice someone's health). That he may have to do national service is not such a reasons I'm afraid.
The eligiblity criteria for a spouses visa is as follows:-
You will have to show:-
- 1. That you are legally married to eachother (marriage certificate)
- 2. You have met before (statements, correspondence)
- 3. You are not in breach of the immigration rules (your visa)
- 4. Your decision to marry was not due to you potentially being deported)
- 5. Your wifeis present and settled in the UK (eg. Passport, proof of accommodation)
- 6. You intend to live permanently together here in the UK as husband and wife (statements, evidence of her (statements, correspondence(
- 7. You can support each other withoutthe need for public funds (bank statements, evidence of income)
- 8. You have suitableaccomodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds (tenancy agreement, land registry docs if you your own home)
- 9. That neither of you are younger than 21 years of age. (birth certificates, passports)
Suggested supporting documents in brackets. He will also have to pass an English language test showing he has a very basic undestanding of spoken and listening English.
He will probably have to return to Turkey to make his applicatino for a spouses visa. IN order to reduce the time the UKBA will take in approving his applicaiton you can instruct a UK immigration solicitor to prepare the application on his behald for between £700-1000+Vat:-
If he can obtain a visa to get in to another country then he could make an application from there.
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