COA Certificate of Approval - what time period for wedding

Hi there

My fiance and I are about to apply for COA - he is an overstayer..

Basically I want to know - how long once you have 'received' your COA do you have before you have to marry? Our solictor, who I am quickly losing faith in, said it is only valid for 3 months... However we want to apply now and marry next Summer 2010....

Is the solicitor correct? Would be grateful to hear from anyone who has been through the process?

Many thanks for reading!

itsafashionthing wrote:Hi there

My fiance and I are about to apply for COA - he is an overstayer..

Basically I want to know - how long once you have 'received' your COA do you have before you have to marry? Our solictor, who I am quickly losing faith in, said it is only valid for 3 months... However we want to apply now and marry next Summer 2010....

Is the solicitor correct? Would be grateful to hear from anyone who has been through the process?

Many thanks for reading!

It's true that the COA is only valid for three months! BUT, you have got TWELVE MONTHS in which to choose a wedding date at the registry.

Aah thank you! She was telling us to wait til 3 months before we want to do it before applying - thank goodness for the internet!

I assume your solicitor will have warned you that the COA application may well alert the authorities to the overstay and they may take action before the wedding takes place...especially if you intend to apply now and not marry until 2010!
The granting of the COA gives no legal status in the UK whatsoever. Once you are married your fiance will have to return to his home country to apply for a spouse visa to re-enter. He won't be able to apply from within the UK.

He made an application October last year to the Home Office, which was declined and we're currently going through the motions of defending a One Stop Notice......

as we're now engaged we're adding the COA to add weight to the Human Rights 'family life' section area of his appeal....

What was the reason for refusal, if you don't mind me asking.

Did you provide them with evidence, that a relationship existed prior to him applying for the COA.

I am aware of someone who had overstayed his visa in the UK for 2 years, provided information which show a relation existed and he was approved.

He has also made an application under Chikwamba ruling.

His inital application was based upon a health condition and access to treatment - this is what was declined. So from this the Home Office made numerous errors - initially offering in country appeal - which we knew he wasn't entitled to. Then at the 11th hour they realised they'd served the wrong papers and so we've ended up at the One Stop Notice...

As yet we haven't applied for COA but we are about to once I've got my head around all the paperwork!