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Are you an asylum seeker in the UK married to a British citizen or someone with settled status? You may be considering a Spouse Visa, but the process isn’t always simple. Navigating immigration rules can often feel like a complex journey. So, can you, as an asylum seeker, unite with your spouse under the Spouse Visa route? Let’s break it down step by step. In this blog, we will explore can asylum seeker apply for spouse visa in UK.
Can an asylum seeker marry a British citizen?
If the relationship is real, there should be no problem for a British citizen and a refugee seeker to get married in the UK. Problems may arise if the UK Border Agency intends to deport you. If this is the case, please contact us first before giving notice of your plan to marry. We can help you determine the best course of action to ensure your wedding proceeds as planned.
The UK Border Agency (UKBA) has appeared at weddings in several TV shows. This has raised concerns for some people about the risk of deportation. If you’re concerned, our experienced immigration attorneys can assess your situation to determine your eligibility to marry in the UK. If not, they can recommend alternative options that may be better suited for your case.
Does it matter if I am a failed Asylum Seeker?
Possibly yes. Your right to remain in the UK will change dramatically after you marry a British citizen. Therefore, the UKBA might attempt to prevent the wedding from taking place. Although you must still apply to stay in the UK after marriage, your chances will improve. You will need to make sure that everything is done correctly so that there are no problems in the future.
As usual, you will have to show proof that the relationship is real. If there is even the slightest sign that this isn’t the case, your application will probably be turned down. Ensure you’re in a genuine relationship and can prove it, rather than trying to bypass the system.
Can an Asylum Seeker Get Married in the UK While Awaiting a Decision?
Asylum seekers who are awaiting a decision from the Home Office are not technically prohibited from getting married, although the procedure may be complicated. This is because Section 4 of the Immigration Act of 2014 imposes a “referral and investigation scheme” on individuals seeking refuge. Under this approach, we will check the legality of non-EEA individuals’ intentions to marry or form a civil partnership. This is done if they stand to gain immigration benefits.
At least 28 days prior to the ceremony, anyone intending to join into a civil partnership or marriage is obligated by UK law to “give notice” to a registrar’s office. If a potential spouse is not a citizen of the European Economic Area (EEA) and lacks sufficient immigration status to marry or form a civil partnership in the United Kingdom, the registrar will forward the application to the Home Office. This process ensures that all legal requirements are met.
This does not imply that an asylum seeker who is awaiting a decision would be denied. But rather that there will be a thorough investigation into the circumstances behind the planned marriage or civil partnership.
What Are Marriage Investigations? A Closer Look
The main purpose of the Marriage Referral and Assessment Unit (MRAU) is to check for indications of a “sham marriage” whenever the registration officer refers a notice of intention to marry or enter into a civil partnership. A “sham marriage” is one in which: Section 24 of the Immigration and Asylum Act 1999 (as changed by Section 55 of the Immigration Act 2014) says:
- when at least one of the parties does not hold a British, EEA, or Swiss nationality, and
- there isn’t any real connection between the spouses, and;
- It is believed that one or both of the couples intend to marry in order to avoid UK taxes.
- immigration regulations, such as those outlined in the Immigration Rules and the Immigration (EEA) Regulations 2006
Key Considerations for Marriage Investigations
Officers conducting the investigation will also look for signs of trafficking, enslavement, or an intent to enter into a forced marriage. The notification period has been increased from 28 to 70 days. This extension allows time for inquiries into the prospective marriage or civil partnership.
It is crucial to know that if you and your partner are investigated. Also, it is a standard procedure mandated by law. To get a positive outcome, it is crucial that you be willing to cooperate fully and assist the investigator. In accordance with the guidelines provided by the Home Office about marriage investigations, “permission to marry may be granted, even where there are doubts about the relationship, if they are not compliant, the couple will be refused permission to marry.” This means that if the pair under scrutiny is completely cooperative, the inquiry can proceed accordingly.
This is important because the Home Office has the power to deport one or both individuals or restrict their leave. They can also refer them for criminal prosecution for perjury or aiding illegal immigration if they determine that the marriage or civil partnership is not legitimate.
Sham Marriage Crackdowns Unfairly Target Genuine Couples
There have been numerous reports of genuine couples who have been handled unfairly during an investigation. According to examples published by the Guardian newspaper, couples have faced ‘insulting’, ‘gruelling’, and, in some cases, demeaning questioning and screenings. The Home Office has made early morning visits to check the number of toothbrushes. In some cases, they have asked quite intimate questions.
In January 2016, four authorities stormed the home of Qasim, 29, of Pakistan, and Debora, 33, of Portugal. The couple was asleep at home, about to get married. This case cites a major instance of extreme behaviour by Home Office officials. According to Debora, “the Home Office finally acknowledged that our relationship was genuine” after Qasim was seized, hauled away, and detained for four months following several interrogations regarding their relationship.
Is It Necessary to Register Your Intention to Marry?
It is strongly advised that you consult an immigration solicitor before going to the local registrar’s office if you or your spouse are an asylum seeker in the UK who is waiting for a decision and intends to get legally married or form a civil partnership. After reviewing your case, an immigration lawyer will check for anything that could lead the Home Office to suspect the ceremony is not legitimate, no matter how minor. Being careful is preferable to dealing with unfavourable results that aren’t your fault.
If you want to register your marriage, you should be able to do so within the 70-day extended notice period. It’s essential to seek legal counsel if you don’t have one or if the Home Office believes the marriage is fraudulent.
What’s the Ideal Way for a Foreign Citizen to Marry a British Citizen?
Ideally, if you wanted to use the UK Spouse Visa path, you should leave the country first and then go back to your home country to apply for a Spouse Visa. Many individuals may avoid this due to the complications of having an asylum case in the UK. We would not advise someone seeking refuge to risk their lives by leaving the country. Returning to their home country is likely to put them in harm’s way.
We have professional immigration solicitors who can review your case. They will help you decide on the best course of action for entering or staying in the country.
Final Thoughts
Marriage and civil partnerships are legal options for asylum seekers in the UK. But they must take great care to avoid breaking any of the laws and regulations relevant to the country’s hostile environment. If you are in a genuine and ongoing relationship and completely comply with the Home Office if you are investigated, there is every reason to expect you will be able to marry. But things can get harder if suspicions are aroused. Given this, it might be very helpful to get legal help from a visa solicitor as soon as possible. Call us now at 02033844389.
