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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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HI MY NAME ISXXXXX MARCH 2009 IN THE UK

Customer Question

HI MY NAME ISXXXXX MARCH 2009 IN THE UK AND I AM STIIL WATING FOR MY DESSION.CAN I MARRY A WOMAN SHE IS CANDIAN PASSPORT HOLDER WHAT IS THE BEST WAY
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.
Hi

What nationality are you?

Kind regards.

Tom
Customer: replied 5 years ago.
I AM FROM PAKISTAN BUT I DID'T MAKE MY PASSPORT COZ AGENT BRING ME HERE IN THE UK I HAVE NO PASSPORT AT THE MOMENT
Expert:  Thomas replied 5 years ago.
Hi

what documents do you have to prove your identity?

Tom
Customer: replied 5 years ago.
I HAVE MY IND APPLICATION REGISTRATION CARD ISSUED FROM HOME OFFICE IN THE UK
Expert:  Thomas replied 5 years ago.
Hi,

Thanks for your reply.

I don’t thin that is going to be sufficient to prove your identity to a registry office in order to marry. You need to contact the Pakistani embassy about obtaining a replacement Pakistani passport. They will be able to help you but you will have to help them prove your identity by reference to the records held in Pakistan.

Once you have your replacement passport you will be free to marry your fiancé in a registry office here.

However, as you do not have leave to remain here the UKBA is unlikely to consider an application you would make in the UK for a spouses visa. Provided there was no evidence of deception in your asylum application and consequent return to Pakistan they would probably consider an application made outside the UK for a spouses visa.
If the application is well prepared and you meet the following eligibility criteria then it may make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:-

• 1. That you are legally married to each other (marriage certificate)
• 2. You are present and settled in the UK (eg. Passport, proof of accommodation)
• 3. You intend to live permanently together here in the UK as husband and wife (statements, evidence of her (statements, correspondence(
• 4. You can support each other without the need for public funds (bank statements, evidence of income)
• 5. You have suitable accommodation 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)
• 6. 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 eligibility criteria. I have suggested basic documents above, but the list is not exhaustive.

You would also have to pass the English language test showing he has a basic command of spoken and listening English.

You would need to apply for settlement (ie. spouses visa) by using form VAF4 Settlement, available for download from UKBA's website. It would be best for either a solicitor in the UK to prepare it in consultation with both you and your husband before submitting it to ensure the best possible chance of success upon determination by the UKBA.


You can find Uk immigration solicitors through the following Law Society Website search engine:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

The visa would be granted for a period of 27 months. You can apply for indefinite leave to remain once you have been here for 24 months. 12 months later you could apply to be naturalised as a UK citizen provided he has not spent a lot of time outside the UK during the 36 months total.

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I will answer your follow up questions you may have.

Kind regards,


Tom
Thomas and other UK Law Specialists are ready to help you
Customer: replied 5 years ago.
I have one more questions.i apply asylum march 2009 and I am still waiting for my decision.can i apply a temporary permission to work in the uk.if i can apply tell me how can i apply my work permission.thanks
Expert:  Thomas replied 5 years ago.
Hi

If you have not heard from the UKBA on whether you have been granted asylum or not then you can ask for temporary permission to work.

You should write to them formally referring to your case details, reference number and the length of time taken to determine your case and ask for confrimation of your permission to work temporarily here on the basis of the guidance contained here:-
www.parliament.uk/briefing-papers/SN01908.pdf

Thanks for your kind accept.

Kind regards,


Tom

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