Marry in Gibraltar, Apply for Spouse visa in UK

Hi. I am in UK on HSMP visa which expires in 5 days.

I applied for COA 5 weeks ago, got a confirmation letter and no progress since. Does it mean I will be an overstayer and cant be married in UK if COA is granted after my HSMP expired? Or am I legally in UK while my COA apllication is under consideration? Technically, after COA granted, we need to place Notice to Marry and wait for 15 days, then marry, then I can apply for FLR(M). But my HSMP visa will be finished few weeks/months before I could apply for FLR(M).

My boyfriend (british) wants me to stay and suggests we can marry in Gibraltar, without COA, in one day. On return to UK I could to apply for spouse visa FLR(M). Do you think it can be granted in this case? I looked in Gibraltar gov website, it doesnt give clear answer. I know we should have considered marrige when we had time, but we were stupid.

Please help. Any info is appreciated.

rayb wrote:Hi. I am in UK on HSMP visa which expires in 5 days.

I applied for COA 5 weeks ago, got a confirmation letter and no progress since. Does it mean I will be an overstayer and cant be married in UK if COA is granted after my HSMP expired? Or am I legally in UK while my COA apllication is under consideration? Technically, after COA granted, we need to place Notice to Marry and wait for 15 days, then marry, then I can apply for FLR(M). But my HSMP visa will be finished few weeks/months before I could apply for FLR(M).

My boyfriend (british) wants me to stay and suggests we can marry in Gibraltar, without COA, in one day. On return to UK I could to apply for spouse visa FLR(M). Do you think it can be granted in this case? I looked in Gibraltar gov website, it doesnt give clear answer. I know we should have considered marrige when we had time, but we were stupid.

Please help. Any info is appreciated.

I'm no expert on CoA but I'd suspect if you left UK and tried to reenter with only a few says left on your LTR I reckon u'll be refused entry or at least have some difficulty.

Definitely looks like you've left it too late and will have to formally apply for a fiance visa from ur home country.

Yes, I agree Gibraltar is a weak option for us.

Does anyone know if my status in UK is legal while my COA apllication is under consideration and HSMP expires?

rayb wrote:Yes, I agree Gibraltar is a weak option for us.

Does anyone know if my status in UK is legal while my COA apllication is under consideration and HSMP expires?

CoA is not a visa so I'd say your stay after ur HSMP expires will be illegal but how could u leave UK without ur passport?.

Also the CoA guidance notes say u need three months valid leave remaining although I thought that restriction had been lifted.

In any case how would you travel to Gib with ur passport? Do u need a passport for Gib? If not British I'd guess you would....

Wanderer wrote: In any case how would you travel to Gib with ur passport? Do u need a passport for Gib? If not British I'd guess you would....

Passport is needed even for British citizens, as fas as I know.

JAJ wrote:

Wanderer wrote: In any case how would you travel to Gib with ur passport? Do u need a passport for Gib? If not British I'd guess you would....

Passport is needed even for British citizens, as fas as I know.

I presumed the OP's passport is with the CoA application......

Yes my passport was with COA, I have now requested it to be send back to me without withdrawing COA application.

Is there a chance of getting FLR(M) in few months, after we marry, but with overstay on HSMP?

rayb wrote:Yes my passport was with COA, I have now requested it to be send back to me without withdrawing COA application.

Is there a chance of getting FLR(M) in few months, after we marry, but with overstay on HSMP?

All this sounds like a right dogs dinner......

If you are an overstayer, you'll have no chance, full stop. But what I don't know is wrt to CoA whether you have section 3 cover, meaning ur current visa is deemed to be valid while the new one is being considered. Again, I can't see it because a CoA is not a visa. So no Section 3.

Whichever way I look at this I think ur gonna have to return to ur home country and apply for a fiance visa. Mainly because you've left it too late to get a CoA, and aside from that do you really want to risk an overstay and an immigration black mark for a couple of quid on a trip home?

All seems to have an air of desperation to me and I'm sure the HO will be thinking 'Marriage of Convenience' because of this.

Do the sensible thing and forget any hare-brained schemes.

I can only agree with others here; you have not applied for another visa or an extension, therefore you would become an overstayer. Your CoA application seems unlikely to be granted anyway, as you would not have enough leave left, if any, in which to get married. You should in my opinion withdraw your CoA application; not sure if you can get any refund, but you can ask!

You should make arrangements to return as ASAP, and then apply for a fiance visa. Alternatively, your fiance could join you to marry in your country, and you apply to reurn with a spouse visa. In your last few days here, make sure you and your intended fully understand the requirements for a fiance/spouse visa to be granted.

Good luck!

Thanks for everyone`s replies. I shall leave this risky scheme, do it proper way instead.
I will apply for HSMP extension, when it`s decided, then I can reapply for COA.