Immigration question:

i am from the uk and my boyfriend is from abroad before his visa ran out he lodged a case based on human rights the case got rejected but he appealed which also got rejected, he has missed the 5 day deadline to reappeal but can he still reappeal? also i wanted to know whether its possible for me to marry him in the UK and apply for a certificate of approval?thanks

posted in Immigration | 1 response

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Responses:

Fong-on Joshua Lau

Fong-on Joshua Lau's response

If your partner has overstayed and is currently remaining in the UK illegally then I would strongly suggest that he consult a good immigration solicitor immediately.

You need advice that is specifically relevant to your circumstances because the relative merits of any course of action will depend on your circumstances.

In general terms, however, yes, he may apply for a Certificate of Approval and he will only be able to register a marriage at a UK registry office with a valid Certificat of Approval.

You should note that being married to someone settled in the UK does not give a person an automatic right to remain in the UK. He would still need to apply again after marriage for leave to remain as the spouse of a person settled in the UK.

You will need to seek specific advice on the relative merits of either potential application.