UK Immigration Law
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Thank you for contacting me. The fact that your partner is an overstayer does not mean you cannot apply to marry in the UK. You can apply to marry your partner by applying to the local register office (if that is where you are intending to marry) or church. Once you make enquires, the Registrar can refer the case to the Home Office to inform them of your intention to marry. If the Home Office does not think it is a genuine marriage, then they will investigate further and you will not be able to marry until they have carried out their investigation. They have up to 70 days to investigate, which can include visiting your home or requiring you both to attend an interview to establish the genuineness of the relationship. If they are satisfied then you can proceed to go ahead with the marriage. You will then need to apply for your partner to remain in the UK on the basis of your marriage/relationship and children. If the Home Office believes it is a sham marriage then they will take immigration enforcement action where appropriate against your or your partner. I hope this helps you.
Just to add to the above.
Whilst you can indeed marry here your partner will need to go abroad to apply for a spouse visa
There is no basis on which he could make such an applictaion successfully from the Uk