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What are the implications of scrapping the COA?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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Jersey
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What are the implications of scrapping the COA?

Post by Jersey » Sat Apr 02, 2011 11:44 am

What will replace it? to the best of my knowledge I understand that there is nothing.

I'm an EU citizen living in the UK planning to marry my NON-EU fiance who completes her PHD in her native country at the moment. We wanted to get marry in the UK but the fees of the fiance visa and all the intrusive documents made us decide to marry in her country.

My question is simple, since there is no need for COA now, can she come to the UK as a tourist on Visitor visa, and then we can apply to get married here in the registrar office? or they will still ask for this fiance visa in her passport?

Many thanks.

vinny
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Post by vinny » Sat Apr 02, 2011 1:41 pm

See also Draft.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Jersey
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Posts: 152
Joined: Thu Dec 18, 2008 4:10 pm

Post by Jersey » Thu Apr 07, 2011 11:11 am

Many thanks Vinny, I have now read with interest the whole draft but I'm still not sure as to whether it answers my question. Should the COA scrapped as planned on May 9th, will she still need a fiance visa in order to be able to marry here, or visiting visa will be sufficient?

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Thu Apr 07, 2011 3:03 pm

They currently expect partners of EEA nationals to apply for the expensive Fiancé(e) visas if they are remaining in the UK following the marriage. Else, visitors intending to marry in the UK should apply for Marriage/Civil partnership visit (not settlement).

However, I'm not sure how they will continue enforce this after the scrapping of the COA.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Jersey
Member
Posts: 152
Joined: Thu Dec 18, 2008 4:10 pm

Post by Jersey » Thu Apr 07, 2011 4:52 pm

Many thanks Vinny. I also called my local register office and although they are aware of the upcoming scrap of COA, they still have to wait till May 9th to see what will be the guidelines.

Jersey
Member
Posts: 152
Joined: Thu Dec 18, 2008 4:10 pm

Post by Jersey » Thu Apr 07, 2011 4:58 pm

Also I found this in one of the links you gave
VAT6.4:
Non-EEA/Swiss nationals who are in the UK, and intend to marry or enter a civil partnership, require a Certificate of Approval which is obtained from the Home Office. The Home Office will only issue these to people with more than six months valid leave to enter and who have three months or more leave remaining. This means that persons who hold a visit visa, illegal entrants, over-stayers and failed asylum seekers will not usually be able to get married or undertake a civil partnership in the United Kingdom.

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