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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6445
Experience:  BA (Hons), PgDip, Practising Solicitor
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hello, Im an Iraqi and after war i went to Bulgaria as a refugee,

Customer Question

hello, I'm an Iraqi and after war i went to Bulgaria as a refugee, then i got Bulgarian travel document, i have changed my father and family name, i came to UK and i;m with my girlfriend now, she is french who living and working in UK, we want to get married now, what is your advice, shall i marry on bulgarian travel document or on iraqi, can we marry? and if we go to marry on iraqi passport will they ask me about why there is no visa on iraqi passport? because on 9 of may there is no need for COA from home office so i think it will be easy
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Does the bulgarian travel document have your new (changed name) on it?

 

Did this permit you to travel to the UK? ie. do you have legal leave to remain in the UK?

 

Do you have the change of name deed which affected the change?


I have to go in to a meeting shortly, but should be able to answer in an hour or so.

 

Kind regards,


Tom

Customer: replied 3 years ago.
Hi Mr. Tom

yes the problem i have cahnged father and family name because i was Scared because of the situation in iraq so when i aplayed for a refugee in Bulgaria i gave them wrong father and family name.

i don't have legal leave to remain in the uk, but when i came to uk, the porder allwed me to get in as a visitor ( tourist ) i think i need visa to come to uk because i have travel document not a nationality bulgarian passpot but in the porder told me you welcome after they checked my travel document and ID.

when i changed the name i gave them different father and family name.

i would like to know if i can get marride after 9 of May because no need for

Certificate of Approval. i want to get marride and stay with my wife here in uk, she work full time for 6 years and she has flat, everything ok with her.

Expert:  Thomas replied 3 years ago.

Ok.

 

The difficulty with your using an incorrect identity is that the UKBA may take the view that this is a form of deception.

 

Yes, you will be able to marry after 9th May without a certificate of approval. You will have to prove your identity though. I would not marry under the assumed name you have used because., ultimately, it is not your name and it would further the deception.

 

Once you are married you will have to apply for a spouses visa. If you are here without leave to remain then the UKBA will require you to make the application from either your home country or the place where you still have leave to remain (Bulgaria). The only allow application made in country in these circumstances where to not do so would be a breach of your human rights or detrimentally affect your health or that of your partner. I cannot see that this applies in your case because you could apply in Bulgaria where I presume you still have leave to remain.

 

The criteria for a spouses visa is as follows:-

 

  • 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)

 

The application will have to be supported by evidence proving the above eligiblity criteria. I have suggested basic documents above, but the list is not exhaustive. You will also have to pass an english language test before applying you can get details of test providers from the UKBA.

 

With the application you will have to disclose the different name and explain why you came to use it satisfactorily, if they find out about it after you not disclosing it then they will reject it on the basis that it speaks to a deficiency of chracter. For this reason you should see a solicitor, I would advise before you marry, in order to prepare your application and advise you of the merits of your application.

 

You

ind Uk immigration solicitors through the following Law Society Website search engine:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

The UKBA aims to reach a decision on all applications within 6-8 weeks of submission.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

 

 

Thomas, Solicitor
Satisfied Customers: 6445
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.
thats good information so in that case lets leave the bulgarian travel document and let me ask you about iraqi passport, can i marry on iraqi passport here or when i go to marry in the office they will ask me where is the visa on the passport and are you legal here or not, if i answer i'm not legal will they agree to marry or they will say no? when they ask me if i'm legal or not can i unswer them that i have european travel document but i want to marry on my iraqi passport because i'm orginaly from iraq, is there any risk to do that or you advice me to try and see, because by human rights everyone can ge marride, specilay after 9 of may, do u think they will contact the police if i go to marry or they will agree?

thank you
Expert:  Thomas replied 3 years ago.
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Customer: replied 3 years ago.
thank you so much for all the informations you gaive me.
Expert:  Thomas replied 3 years ago.
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