I don't think they will arrest but given the scenario it is likely that they will try to deport him. I think the only way out of this situation is through immigration lawyers. You should seek advice before visiting a LIT centre.

E Fidan
Administrator

Hi everyone!
I need help and maybe some of you could give me the answers I' looking for.
I am Italian regularly living in the Uk and I'm engaged to a Brazilian guy.
We are a "genuine couple" in love and we want to get married, but my fiance's visa expired long ago; they refused to renew it, but he decided to stay anyway, so that now he's an illegal immigrant.
We went to a lawyer about 8 months ago and she suggested us to apply for a COA, so we sent the application with all the documents required, included his passport... We didn't hear anything from the Home Office untill yesterday, when we got a letter saying that the COA has been abolished. The letter also says that "the identity documents submitted with the application (...) have not satisfied the UK Border Agency that they have valid leave to enter/remain in the United Kingdom. Consequently the identity documents (...) have been forwarded to their Local Immigration Team (...)". And then it says to contact the LIT by phone to make an appointment for the collection of the documents.
What does that mean?!?!?! Are they going to arrest him when he goes there to get his passport?!?! I'm freaking out now, I'm so scared!
We just want to get married....what can we do???
I thank you all in advanced for any suggestion you'll be able to give me!
Thanks a lot!!!
Michela

Dear Madam,

In my opinion it is best to submit an application for a residence card prior to collection of the document.Then, if he gets arrested there would be something for the UKBA to consider prior to taking any other decision.

Unmarried partners are entitled to the right to reside so if you need any help or further advice, I recommend our services, ILAS (LLP), www.ilas.org.uk, 020 8539 6611.

Kind Regards,

Sylwia Wawrzynczak

On behalf of ILAS (LLP)