I provided you with an answer on the other question you asked. You did not click accept.
I may provide you with an answer to this thread but please confirm why you did not click accept to the previous answer.
If you continue to refuse to click accept when experts have answered you questions then they will not answer any others you submit.
Thanks for the accept.
There are no restrictions upon you marrying a UK citizen even thought you have overstayed. You will simply need to prove your identity and address, then give the appropriate notice of marriage at the registry office where you intend to marry. However, you would not then be able to apply for a spouses visa whilst you are in the UK because of your overstay. They only times the UKBA permit this is when exceptional circumstances apply and even then it is only at there discretion. This is usually where to remove you would prejudice your care or where you are required to be in the UK to care for a UK citizen child.
If neither of these apply to you then you will have to return to your home country to make an application for a spouses visa. there is nothing preventing you getting married then going to see an immgration solicitor to prepare your out-of-country application on your behalf so that you can submit it straight away upon return. Provided you meet the spouse visa eligiblity criteria and there are no other defects with your applicaiton (eg. no deception) then the UKBA will not be able to refuse the application on the basis of the overstay alone. They cannot do this because it is against Article 8 Right to A Family And Private Life.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).