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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13276
Experience:  Solicitor
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My visa was expired and im living here until now is 1 year

Resolved Question:

My visa was expired and i'm living here until now is 1 year without visa. At the moment, i'm having a partner who are Bristish. My partner just had a UK passport 5 month ago and have baby with other guys before. We're going to marry but i don't know can i go to the council to have marriage registration?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 3 years ago.
What do you mean by going to council to have marriage registration? Do you want to know whether you can get married? Or are you asking how it will affect your immigration status?
Customer: replied 3 years ago.
i mean, where can i do to get marriage registration and in my case, will they accept me get married with my partner?
Expert:  Senior Partner replied 3 years ago.
What do you ean by marriage registration - if you want to go through a civil marriage then you have to go to the local register office and register your intention to get married. As it is no longer necessary to have a consent to marry they will usually allow you to marry not withstanding your immigration status.

Your marriage ill not entitle you to remain in the uk. You will still have to leave and apply for a visa as a spouse which you can do. Provided you meet the general requirements for a spouse visa the fact that you have been here in breach of your visa will not prevent you from getting a spouse visa.
Customer: replied 3 years ago.
it's mean, after i get married with my partner i can still apply for spouse visa to live in UK or i need to come back my country to apply spouse visa, as you know my student visa was expired 1years already so what should i do? Can you please explain more for me what should i do and where can i find the immigration that helpful and prestige?
Expert:  Senior Partner replied 3 years ago.
As I said you cannot stay here on the basis of the marriage. As an overstayer there is not basis on which you can apply to remain unless you have been here for 14 years. You have to leave and apply for a spouse visa from your home country. You are not barred fro applying for a spouse visa even though you have been here unlawfully.

To obtain a spouse visa you have to satisfy the normal rule which you will find here: http://www.ind.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/
You will need to pass the English language test amongst other things.

please press accept so I am credited for my time
Senior Partner, Solicitor
Satisfied Customers: 13276
Experience: Solicitor
Senior Partner and other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.
After i get married in uk, i have to come back my country to apply a spouse visa, right? and any reason that can UKBA refuse my application in my country? Can you give me some solicitor address that helpful and prestige to help prepare document before i come back Vietnam to get a new visa? Thank you very much!
Expert:  Senior Partner replied 3 years ago.
Yes you have to return home to apply. You need to meet all the requirements set out in the link I sent you including the english language test.

I am not able to recommend a particular solicitor and a lot depends on how much you want and are prepared to pay. this website will give you a list of law firms - the bigger city ones will be very expensive.

http://www.legal500.com/c/london/human-resources/immigration
Senior Partner, Solicitor
Satisfied Customers: 13276
Experience: Solicitor
Senior Partner and other UK Immigration Law Specialists are ready to help you

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