HELP! COA recieved but fiance's student visa expired. Marry?

[koji]

Can somebody please help? My fiance has just recieved her COA allowing us to marry in the UK. The problem is, her student visa has expired by one month. Also, she actually stopped attending university 6 months ago. If we get married now, will she have problems getting a spouse visa? Is the spouse visa the same as a FLR{M}? Would it be easier for her to apply from her own country in South America after we get married? I am a working, British citizen. We live together and have successfully proved our relationship is genuine via the COA. After reading horror stories about refused applications even after couples are married, we are understandably worried.

[vinny]

Can somebody please help? My fiance has just recieved her COA allowing us to marry in the UK. The problem is, her student visa has expired by one month. Also, she actually stopped attending university 6 months ago. If we get married now, will she have problems getting a spouse visa? Is the spouse visa the same as a FLR{M}? Would it be easier for her to apply from her own country in South America after we get married? I am a working, British citizen. We live together and have successfully proved our relationship is genuine via the COA. After reading horror stories about refused applications even after couples are married, we are understandably worried.

A Visa is a type of entry clearance that is applied for from outside the UK. A FLR(M) is an in-country extension application.

After marriage, it's probably better to apply for a spouse visa, subject to Maintenance and accommodation.

[koji]

Thanks for repy. I'm a little confused however. We received permission to marry via the COA but it took so long to arrive that my fiance's student visa has expired. Can we still marry? If so would this hinder the process of recieving permission to stay? Should she simply leave the country as soon as possible and apply to return to marry? Would the COA {which is valid for 3 months} help her application to return? We don't know what to do? Any advice would be gratefully recieved.

[Casa]

I would suggest that if you now have the COA you marry here, and then your wife returns to her home country to apply for a spouse visa to re-enter.

[koji]

Thanks for repy. I'm a little confused however. We received permission to marry via the COA but it took so long to arrive that my fiance's student visa has expired. Can we still marry? If so would this hinder the process of recieving permission to stay? Should she simply leave the country as soon as possible and apply to return to marry? Would the COA {which is valid for 3 months} help her application to return? We don't know what to do? Any advice would be gratefully recieved.

[koji]

...thank you for repy. But as she is, I suppose, now illegally here is it really possible to get married? Will the fact that she has overstayed, by almost one month now, go against her return? Will the fact that we were waiting so long for the COA help in this matter?

[Rozen]

Thanks for repy. I'm a little confused however. We received permission to marry via the COA but it took so long to arrive that my fiance's student visa has expired. Can we still marry? If so would this hinder the process of recieving permission to stay? Should she simply leave the country as soon as possible and apply to return to marry? Would the COA {which is valid for 3 months} help her application to return? We don't know what to do? Any advice would be gratefully recieved.

Ok. I'l try to be as clear cut as I can. So I'll use a point system.

1. Her student visa has expired, so she is now an overstayer, and illegally in the UK. She obviously has to leave asap! Even though she has a valid COA, it does not confer LTR.
2. You have a valid COA (for three months) which you will need to present at the registry when getting married.
3. For the three months that the COA is valid, you can use it to give your 'notice to marry' at the registry, which can be any day you like, for up to TWELVE MONTHS!
4. So even when you COA is no longer valid, your 'notice' to marry at the registry still is! (They get to keep your COA by the way).
5. So I guess you've got one of two choices. Either you put in your notice and marry asap, and then she goes home and applies for a spouse visa.
6. Or you put in your notice to marry now, with the intention to marry some months down the line (anything up to a year), and have her go home and apply for the appropriate visa.
7. The problem with the first option is that it might alert UKBA that she's still in the country, and you wouldn't want them swooping in on you on your wedding day, would you?
8. I would go with the second option, having made a copy of the COA, as well as the registry 'notice to marry', which she can to attach to strengthen her visa application back home. But that's just my humble opinion.
Here is a link on how the whole registry marriage arrangement works.
http://www.adviceguide.org.uk/index/fam ... arried.htm
At the end of the day, it's your call; and I wish you the very best, whatever you decide!

[vinny]

7. The problem with the first option is that it might alert UKBA that she's still in the country, and you wouldn't want them swooping in on you on your wedding day, would you?

See also Illegal immigrant caught on wedding day and Wedding day sham in Northampton.

[ginoT]

ah man!, can't believe no one has brought up my thread

if you applied for the COA before the visa expired then I reckon you could fight it out here.

Either way you should get married asap here and then make a decision on the next steps

Also make sure you you can prove you live together, have shared bills & address - proof that you've already started a "family life" and thus use human rights laws potentially

just in case any of you are wondering, my JR docs have been submitted and HO solicitors are due to confirm whether they will pursue at court or try to settle out of court. will keep y'all in the loop

[vinny]

ah man!, can't believe no one has brought up my thread

I did!

[ginoT]

good job Vinny - don't want anyone forgetting my ground breaking fight against the system!