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Giving notice to marrige and be extended to 70 days

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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rainy
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Joined: Tue Dec 04, 2018 7:08 pm
China

Giving notice to marrige and be extended to 70 days

Post by rainy » Tue Dec 04, 2018 7:38 pm

Hello Users

I am a Tier 4 student in the UK and my visa will expire in late Jan 2019. I have given notice in the local council for my marriage with my girlfriend (she's a Tier 4 student as well and her visa expires in late Jan 2020). I have received the letter from HO that they will extend the notice period for another 70 days.

The question is that in 70 days my visa will expire ( for more than 28 days). Shall I stay in the UK as an overstayer waiting for the interview/investigation of HO, or, shall I go back to my country and apply for a visitor visa and come back to the UK for the HO investigation (and then get married)?

Many Thanks :cry: :cry: :cry:

vinny
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Re: Giving notice to marrige and be extended to 70 days

Post by vinny » Tue Dec 04, 2018 11:45 pm

Unfortunately, the notice period doesn't extend your leave. They should know this!? If you become an overstayer, then they may ban you from the UK for at least one year!

If you return to home country before expiry of leave and apply for a marriage-visitor visa, then you may safely marry in the UK. However, afterwards, as a visitor, you cannot switch to dependant status in the UK, as 319C(h)(i)(a) fails.

Perhaps it's better to pick a more marriage-friendly country?
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rainy
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Posts: 2
Joined: Tue Dec 04, 2018 7:08 pm
China

Re: Giving notice to marrige and be extended to 70 days

Post by rainy » Wed Dec 05, 2018 11:02 am

Thank you Vinny!

I think I have to leave the UK and back with a visitor visa and leave again and apply for the dependent visa.
What a complicated process...

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CR001
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Re: Giving notice to marrige and be extended to 70 days

Post by CR001 » Wed Dec 05, 2018 11:05 am

Or marry elsewhere outside the UK, return to the UK before your visa expires and switch to a spouse visa.
Char (CR001 not Casa)
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