Marriage during a pending asylum case
Awaiting a decision from the Home Office on an asylum case can often be a time full of apprehension for an asylum seeker. For an asylum applicant looking to get married, it can be difficult to know if this is something permitted when you are awaiting an outcome to your asylum application.
Strictly speaking, there are no official rules which state that an asylum seeker cannot get married whilst they are waiting to be granted asylum. However, making the big decision of getting married with an asylum case pending can prove complex.
For those who go ahead with their marital plans, it is highly likely that you will be subjected to the ‘Marriage and Civil Partnership Referral and Investigation scheme’. The plan, which was part of the 2014 immigration act was implemented to investigate those who may benefit from marriage during an immigration period.
The scheme works to ensure that martial plans are genuine and both parties have no intentions of a ‘sham’ marriage whilst an asylum application is being considered by the Home Office.
What is a Sham Marriage?
A sham marriage is a marriage based on the following scenarios:
- One or both of the parties are not a British citizen, an EEA national or a Swiss national
- There is no evidence of an authentic relationship between both parties of the marriage
- It is believed that one or both of the parties are entering the marriage to bypass UK immigration controls and take advantage of immigration benefit
If it is found that the wedding in question is not as the result of a genuine relationship, your asylum application will be referred to an immigration court and may be refused and you will face deportation.
How does the marriage referral and investigation scheme work?
The Home Office will check your marriage proposal against the criteria and evidence for a sham marriage.
As an asylum seeker with a pending asylum case, the checks are part of a routine process that is required under immigration law.
Just because an asylum seeker is under a marriage referral from the Home Office, this does not mean that their application for pending asylum will be refused and they will not be granted asylum.
Each marriage in line with an asylum seekers asylum application is thoroughly looked at by immigration officials to ensure no foul play.
Home Office officials expect all parties involved in an investigation to comply with what is required for them to carry out their assessments.
The compliance of the parties involved in the asylum case will go a long way in determining a final decision of your immigration status.
Informing the relevant bodies of your intention to enter into a marriage
It can seem like a long-winded process to inform officials of your marriage before you go ahead and make arrangements, but, in this situation, it is highly advised. If you or your partner is an asylum seeker, you should get in contact with an immigration lawyer before the marriage goes ahead.
This gives the lawyers a chance to look over your case for marriage and ensure that there is nothing that could lead the Home Office to believe the marriage is not genuine in their assessment and investigation. It seems wise to seek legal assistance prior to the wedding, because if the Home Office does proceed with an investigation and you have not had legal advice on your case, your case may be rejected and a great impact can be had on your asylum status.
Should I be concerned about referral and investigation?
If you are an asylum seeker facing a referral and investigation for your upcoming marriage, then there is little reason to show concern as long as all of your intentions to marry are genuine. The investigation can often be a long process, but it is essential that full co-operation is given from the person of asylum status and their partner.
It is the duty of the Home Office to ensure that the individuals involved are not looking to proceed with wedding arrangements for immigration benefit. It may be beneficial to the applicant to await the results of the asylum case before they get married to their partner, as the wedding investigation can hinder the decision time of your asylum application.
Can I Get Married If I am a Failed Asylum Seeker In The UK?
If you are dating an asylum seeker, you may be wondering how this process works, or if it is even possible to how to marry a refugee in the UK. The period of awaiting a decision from the Home Office on an asylum case is often filled with anxiety for the asylum seeker. For someone seeking asylum and contemplating marriage, it can be challenging to determine whether such a step is allowed during the asylum application process.
To be precise, there are no official regulations that expressly prohibit an asylum seeker from entering into marriage while their asylum application is pending.
Being pregnant and birth as an Asylum Seeker
Starting from the 34th week of pregnancy and extending until 6 weeks after childbirth there is a protected timeframe during which asylum support is provided to the mother and baby. Within this timeframe, Home Office guidelines discourage the relocation of pregnant women from their current residence, where they are receiving maternity care and have access to social and family support.
A pregnant asylum seeker is generally entitled to a maternity fund of £300. If you have bene granted Asylum or refugee status, you are able to claim child benefits for your child if you are pregnant or have given birth after you received your status.
How can Birmingham Immigration Lawyers help?
Awaiting a decision as an asylum applicant can be extremely stressful and uneasy. Working with a trained immigration lawyer can often help to make the asylum process as smooth as possible.
Birmingham Immigration Lawyers are highly trained in all aspects of immigration services and are ready and waiting to assist you with your UK asylum application and case to get married. Whether it be the initial application or applying for an appeal at an immigration court, our lawyers can help you every step of the way. Our lawyers will happily assess your case and application before it gets to the Home Office. We can even support you beyond a decision, for example, if your asylum application is rejected and needs to be put before an immigration judge for appeal.
For more information on how we can help you with your asylum case, call our friendly team of advisors today on 0121 667 6530.
Last modified on November 22nd, 2023 at 12:59 pm
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Frequently Asked Questions
Asylum Seekers do not typically have the right to apply for a spouse visa for their spouse or partner while their asylum application is being processed.
However, once an asylum seeker is granted refugee status or humanitarian protection and receives permission to remain in the UK, they may be eligible to apply for a spouse visa for their spouse or partner, provided they meet the necessary criteria.
Yes, you can marry an asylum seeker in the UK as long as both parties meet the legal requirements, and inform the Home Office of your decision to marry. Marriage may affect the asylum seekers immigration status, as well as their rights in the UK if their asylum application is still pending.