I am sorry to say , but rules have changed as from 1st of february 2005.

"Are you planning to get married in the UK after 1st February 2005? If you are someone who is subject to immigration control whilst in the United Kingdom, you will need to follow the new rules regarding entry clearance, applying for a Home Office certificate of approval for marriage and giving your notice to marry at a designated register office.

A brief summary:
From 1 February 2005, people who are subject to immigration control who wish to marry in the United Kingdom (UK) must either:

Hold entry clearance as a fiancé/e or marriage visitor, or
Hold a Home Office certificate of approval, or
Be a person with settled status in the UK (e.g. indefinite leave to remain)

People who are subject to immigration control will also be required:

to give notice to marry to a registrar at one of 76 designated register offices in England and Wales. They must attend the register office together.
In Scotland and Northern Ireland, all register offices are designated. Notice to marry is normally given by post."

It will be best to contact http://www.ind.homeoffice.gov.uk/

Regards

Triple H

 

Since you've been given the opportunity to Appeal he is legally resident in the UK and in this respect you have no problem with registering for a Marriage in the UK to enable him secure an EU Resident Permit with you as the Sponsor.

However you may have to get the process of a new application right otherwise some ignorant heads at the Home Office having noticed his past records can create all sorts of problems for a new EU Application. If you need some more information send me mail at:

coyan_law@yahoo.co.uk

 

Hi there
Coyan I dont think your information is correct .Have a look :

Who is not subject to immigration control?

You are not considered to be subject to immigration control if you are in one of the following categories:

You are a British citizen
You are an EEA national**
You have a certificate of entitlement demonstrating you have a right of abode in the UK in your passport.

Who is subject to immigration control?

All people who are not EEA nationals***, who require leave to enter or remain in the United Kingdom are people subject to immigration control.


http://www.ind.homeoffice.gov.uk/ind/en/home/news/press_releases/

Regards

Triple H

 

If your case allows for Appeal you are entitled to certain legal rights even though you may not have been formally recognised as having a right of abode. But your presence in the country is legally recognised and in such respects entitled to certain basic rights including the right to a family.

This new law requiring registeration before marriage is a very grey area. This is what happens in countries like the Netherlands and Germany. I strongly believe that sooner than later somebody is going to challenge it in the Courts under Section 8 of the European Human Rights Law and like a number of UK Home Office Cases involving Human Rights this will also be thrown out of the Window .

 

Even in the Netherlands a number of their Immigration Control rules are coming under attack. The Law on the Legalisation of documents (which have been in existence for about 7yrs) from the so-called 'problem' countries such as Ghana, Nigeria , Columbia, India and Pakistan was challenged on Human Rights grounds last year and their Courts threw that law out.

This particular Home Office law is just full of holes with regards to its legal soundness and effectiveness of implementation. Anyway its just 2 weeks old. Lets see how effective it is.

 

I agree with you,but according to this new immigration rules no people apart from UK,EEA citizens and residents have right to get married without home office aproval.
What can you do?,always confused

Regards

Triple H

 

Hi Trips,

Those are the hard facts of the rules. It still ought to be tested and I beieve it will fail on a number of Human Rights grounds like most Home Office cases have. I will suggest whoever is in such a situation to shop around the marriage registeries. Some may not have a clue what it involves and may just allow you to register.

It was the same concept that was tried sometime ago to check illegal immigrants and their children from receiving medical care and attending schools.

Doctors and Headmasters refused to comply with the law claiming they did not train to become immigration officers. Eventually those laws failed to have any effect.

So I wouldn't advise anyone to panic. Just shop around for a marriage registry. If worse comes to worse I advise both couples to enquire about marriage at Gretna Green in Scotland, which I believe will protect their years old tradition of providing a safe haven for eloping and run-away couples.
http://www.weddingguide.co.uk/articles/ ... sp#Sgretna

 

In previous topic we were talkin about something very similar http://www.easyexpat.com/forums/ftopic_4638.htm .
Get EEC1 FORM , you would get 5 year residence permit ,and as such you could get married in the UK:

"Unless you are engaged to an EU Citizen (not British citizen in this situation!) with a five year residence permit you must apply for entry from outside the UK. If you wish to apply from within the UK in other circumstances your application is likely to be refused unless you can show exceptional reasons why the application should be granted."

I think that would work ,I would not leave UK, but I am not sure what IND would make out of the fact that he is to be deported(your husband to be),pending appeal.There is no doubt in my mind ,good lawyer could sort out that for you.I think you need some legal advice!

Regards

Triple H

 

You are in better position then english girls,EU rules apply.

Just follow this topic and previous one and you should be OK.If you get married in the UK,and prove your relationship,do all right forms , I dont see the problem.If IND make problem out of it good solicitor would do the trick.

 

If you were married when giving evidence in court of appeals , would have been different story.