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ILR + Overstayer

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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

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maganzo
Junior Member
Posts: 70
Joined: Mon Feb 01, 2010 6:56 pm

ILR + Overstayer

Post by maganzo » Fri Aug 27, 2010 12:02 pm

Kindly help me for this!
My friend had ILR (10 yrs) visa since February last year.He has a fiancee whom they have been together for more than 4 yrs now in the same flat.She is overstayer after her student visa refused.Both are non-EEA .

They want to marry in UK,is it possible or they have to go back home to marry?
What rights they have as unmarried partners as far as he has got ILR?
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geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Post by geriatrix » Fri Aug 27, 2010 2:49 pm

Your friend's fiance(e) cannot marry in the UK without a CoA.

Best that they get married in either's home country and then she applies for EC as spouse of settled person.


regards
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Casa
Moderator
Posts: 25686
Joined: Wed Jul 23, 2008 2:32 pm

Post by Casa » Fri Aug 27, 2010 3:10 pm

Even if they are granted a COA to marry, apart from risking the authorities to the overstay (which could result in a removal before the wedding), she will still have to return to her home country to apply for a spouse visa.
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