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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7614
Experience:  BA (Hons), PgDip, Practising Solicitor
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im a british citizien and im fiance is overstayer

Resolved Question:

im a british citizien and im fiance is overstayer since 2002 we like 2 get married what should we do?
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 6 years ago.
Have you applied for a certificate of approval for marriage from the ukba?

Customer: replied 6 years ago.
No we havent apply 4 anything yet. he came in uk 1998 as a student his student visa is finished 2002 and he is overstayer since then.We r going 2 apply 4 certificate of proval but is it possible 2 get married in uk i heard he ll ve 2 go back turkey and apply through there.but problem is he has have 2 go 2 army if he goes back 2 turkey.
Expert:  Thomas replied 6 years ago.



Thanks for your reply.


If you wish to marry in this country then he must apply for a certificate of approval from the UKBA in order to marry. Although being an overstayer is not technically permitted as as a reason for refusal the practical reality is that the UKBA will take a long time in actually issuing it to your husband.


No certificate of approval is require in order for you to marry in an Anglican Church provided you can find a minister willing to carry out the service. You may choose to investigate this.


Once married he will then need to make an application for a spouses visa. The UKBA will not consider an application made in this country by an overstayer except in the most exceptional circumstances (eg. where to require him to return to his home country would severly prejudice someone's health). That he may have to do national service is not such a reasons I'm afraid.


The eligiblity criteria for a spouses visa is as follows:-


You will have to show:-

  • 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)

Suggested supporting documents in brackets. He will also have to pass an English language test showing he has a very basic undestanding of spoken and listening English.

He will probably have to return to Turkey to make his applicatino for a spouses visa. IN order to reduce the time the UKBA will take in approving his applicaiton you can instruct a UK immigration solicitor to prepare the application on his behald for between £700-1000+Vat:-


If he can obtain a visa to get in to another country then he could make an application from there.


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Kind regards,



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