My african fiance

leo1 · Post by **leo1** » Fri Jul 20, 2007 6:20 pm

Hi

I am a British citizen and my fiance is from Zimbabwe. We first met in December 2004 as he came on a visitors visa to see his brother, he then went back after two months

He came back on another visitors visa in December 2005 again to see his brother and we started dating. His visa ran out in July 06 but has overstayed since. I only recently found out about this but really want us to stay together.

I have told him he needs to go home as this is the right thing to do but we want him to come back here. We don't know which visa he should apply for, i will marry him in Zimbabwe but i dont think they will believe our relationship is true. Should he try to come back as my Fiancee or Husband? If he got another visitors can he extend it?

The overstaying is really on my mind and how this will affect his application for any visa. Should he admit to his overstaying? or hope by going through a small airport he may not be detected.

Another thing is that his passport has ran out but has managed to get a new one from the Zimbabwe embassy in London.

I bought my own house seven months ago so i am fixed to the uk. He has lived with me since i got the house i even put him on my council tax bill before he told me about his overstaying. I have been in the same job for 5years.

This is my first time to use the board i hope someone can give us some advice

VictoriaS · Post by **VictoriaS** » Mon Jul 23, 2007 11:59 am

You are going to have to tell the truth about the overstay, as otherwise you are going to have difficulty proving this is a genuine relationship, as it will appear that you have not been together for the past year.

He must go home, and if you are marrying in Zimbabwe then he can only come back as your husband, so that is the visa he needs to apply for.

He is unlikely to be able to get another visit visa, and if he did it would only be for 6 months and non extendable.

Victoria

leo1 · Post by **leo1** » Mon Jul 23, 2007 7:19 pm

Thankyou for your reply Victoria,

Someone told me today we could get married in a Church of England ceromony in the Uk despite him overstaying?

I can't imagine this being correct but I thought i might as well check before we plan the trip to Zimbabwe.

sakura · Post by **sakura** » Mon Jul 23, 2007 7:20 pm

leo1 wrote:Thankyou for your reply Victoria,

Someone told me today we could get married in a Church of England ceromony in the Uk despite him overstaying?

I can't imagine this being correct but I thought i might as well check before we plan the trip to Zimbabwe.

No, to get married anywhere in the UK you need a Certificate of Approval, including a CoE, which requires you to have valid leave to remain.

leo1 · Post by **leo1** » Mon Jul 23, 2007 8:45 pm

Thanks Sakura we will go to Zimbabwe

VictoriaS · Post by **VictoriaS** » Wed Jul 25, 2007 3:19 pm

Sorry Sakura, but it is the case that no Certificate of Approval is needed to marry in the Church of England.

However, even if you do marry in the UK, this does not mean that a switch will be permitted, so a trip to Zimbabwe is likely to be needed anyway.

Victoria

Docterror · Post by **Docterror** » Wed Jul 25, 2007 3:37 pm

VictoriaS wrote:Sorry Sakura, but it is the case that no Certificate of Approval is needed to marry in the Church of England.

Officially speaking, maybe not. But anecdotically, a growing number of them are not performing any cermonies without one, if one of the contracting person is not an established member of the church.

VictoriaS · Post by **VictoriaS** » Wed Jul 25, 2007 4:00 pm

Ah, that is a different matter. The Church has the right to refuse to marry a couple if they feel that the marriage is not genuine or if both parties are of a different religion/denomination and/or live outwith the Parish, but that is up to the Vicar and always has been.

The Vicar has the same status as a registrar, so he needs to be very careful that he is not involved in 'bogus' marriages.

Victoria

leo1 · Post by **leo1** » Wed Jul 25, 2007 5:54 pm

Thanks for all the information everyone.

I will contact my local vicar as me, my fiance and my family would love to marry here and then have a blessing in Zim.

Do we still need to go to Zimbabwe to make him legal? I don't think we can change it here as he is illegal but it is nice to know we could have a ceromony here.

VictoriaS · Post by **VictoriaS** » Wed Jul 25, 2007 6:04 pm

Yes, he would still have to go to Zim.

Victoria

leo1 · Post by **leo1** » Wed Jul 25, 2007 6:55 pm

Thanks for clearing that up.

I have found this website so helpful and we will contine to use it to guide us through our situation.

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My african fiance

My african fiance