Marrying an Unlawful migrant - UK Immigration Law 2019

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Marrying an unlawful migrant, what is the procedure and what are the pitfalls?

It is key to note marrying an unlawful migrant who has no visa/status in the UK; What does the couple do?

The couple goes to the Registry Office, not just any, but a designated Registry Office which takes care of procedures when an unlawful migrant wishes to marry an EEA national or a settled person or a British national. There are a few designated registry offices around England, Wales and many more.

The documents that the Registry Office will need are ID for the unlawful migrant and or partner’s ID / passport. Sometimes we come across unlawful migrants not having a passport. In a situation such as the current passport is not expired but is with the Home Office, they would need to ask the Home Office to send a certified copy to the Registry Office. So the Registry Office can continue with the process of the notice of marriage. Say the documents have been given in. What does the Registry Office do? The Registry Office will invite the couple and ask questions together and individually. It is their job to tell the Home Office that the unlawful migrant A is seeking to get married to B person whether they are British, Settled person or an EEA resident.

Then the Home Office would write to the couple to say either (i) come for an interview or (ii) give us more documents or (iii) do nothing because they may not have the time to investigate every notice of marriage.

So, say that the Home Office has asked the couple to go for an interview, there have been instances where the couple has gone to the interview, the Home Office have not disputed the genuine relationship, the Home Office accepts the relationship is genuine but because the migrant is unlawful, Home Office has the power and indeed sometimes executes the power to detain the unlawful migrant. Unless there are things in place that perhaps stops the Home Office from executing that power. For example, an application is pending for a visa, and the Home Office thinks we do not really want to detain him or her because we could not really effectively remove the person from the UK. Take the legal advice, if the Home Office has sent the letter that says come for the interview - pending notice of marriage.

Finally, say that the Home Office does not do anything in post of notice of marriage, they would send a letter. The letter will say we do not wish to investigate this notice of marriage ceremony.

These are the steps that the Registry Office and the Home Office could follow to make sure that people are not entering into marriages to regularise their immigration status.

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