Hi Nemi,

Could you please tell me the reason your friend´s fiance´s visiting visa was cancelled? Was this done at the airport, or after he has entered the UK?

You said it was amazing that someone got a visa in 3 days from the German embassy in Lagos; there is no magic to it. There are exceptions to the ´appointment rule´ This simply means you can walk into the embassy and be attended to. You can find more info here:
http://www.abuja.diplo.de/en/04/How_20to_20apply_20for_2...

In many mainland EU countries, the SIS (Schengen Information System) is used. Many Immigration Services reserve the right to revoke or refuse to issue any residence permit if there is an alert on the SIS. If a person has been previously deported from an EU country (I think with the exception of the UK), the deportation order has to be retracted before a residence permit can be issued.

There is such a case going on that I am aware of, and following. While in Nigeria, I met a man who is married to an Austrian. He had entered Europe, France to be precise illegally in the 90s where he claimed asylum. When this was refused, he went to Germany, where he claimed asylum again, this was also refused, based on SIS records. He ran to Austria after that, where he met and married his wife.

When he tried to legalise his stay, he was arrested and deported to Nigeria, because his deportation order still stood. Now he is in the process of returning to Austria, as the deporttaion order has been retracted and his marriage formalised. It´s been over a year though since he started all this.

I know the same thing applies to several EU countries, but I don´t the process for the UK, although on the form, you have to indicate if you have ever been deported from any country before.

I think as long as the marriage is legal (doesn´t matter which country you marry in – as long as it´s legal) and not one of convinience, a residence visa should be issued. There are many registry offices in Lagos and Abuja where a marriage can take place.

In fact if you are interested, I could tell you about a commonwealth rule in place that says if a British citizen or someone permanently resident in the UK wishes to marry someone from a commonwealth country (Nigeria, Ghana, Jamaica, Pakistan etc), that person can give notice in their own country, and get married in the UK. Many people dont know this, but that law was never retracted, so is still valid.

You friend has a lot of options to choose from, but I suggest visiting an Immigration lawyer, first and formost.

 

Many thanks for your detailed reply. it was quite helpful.

As per your first question., the man concerned had his visa cancelled due to a breach of conditions whilst visiting the UK. He had been going and coming into the country and was found working whilst on a 6mths visa. He was detained when found and given the option of seeking asylum or returning to his country. I thought this was a bit drastic. He is now in a situation where he wants to marry his fiancee and a bit apprehensive about his return into UK to be with his wife to be, after marriage in home country.

Are you able to give any advice on this. Does anyone else have any information on the rules concerning uk/ british citizens marrying a non british with the above mentioned situation.

Thanks for your anticipated response.