Have CoA to Marry, in time it took visa expired

Modgonne · Post by **Modgonne** » Fri Jul 03, 2009 1:16 pm

My partner and I applied with three months left on my student visa (by the time they got it, they counted it as being less than three months). In respect to new rulings, we were granted a certificate of approval.

However, I got the certificate and my passport back on the 27 June and my visa had expired on the 31 May. While I understand from accompanying documents that the CoA is not permission to remain in the country, they do not explain what leave to remain I need to apply for now and what penalty, if any, there is for the overstay.

Any help will be much appreciated.

Post by **Casa** » Fri Jul 03, 2009 1:52 pm

You're unlikely to be able to switch to spouse FLR(M) if you don't have a valid visa, and will have to return to your home country to apply for a
spouse visa to re-enter. Have you been attending your course?

Modgonne · Post by **Modgonne** » Fri Jul 03, 2009 2:29 pm

I've left the course after they became impossible to work with- I attained an MLitt in 2004, but left without my PhD.

Would I be permitted to marry in the UK, then leave and apply from the US?

Post by **Casa** » Fri Jul 03, 2009 3:10 pm

In which case, apart from not having a valid visa, you would have to show your study attendance records, and as you've stopped studying they will refuse to issue the FLR(M)from within the UK for that alone.
Trip back home I'm afraid to apply on Form VAF4a for Spouse Settlement.

Wanderer · Post by **Wanderer** » Fri Jul 03, 2009 4:24 pm

Casa wrote:In which case, apart from not having a valid visa, you would have to show your study attendance records, and as you've stopped studying they will refuse to issue the FLR(M)from within the UK for that alone.
Trip back home I'm afraid to apply on Form VAF4a for Spouse Settlement.

Yp - sounds like a bit of a balls up.....

Modgonne · Post by **Modgonne** » Fri Jul 03, 2009 4:28 pm

Right, I've fairly resigned myself to going on a trip back to the US (I still haven't formally withdrawn from Uni, but cannot extend my student visa).

The question still remains- will I be able to marry here first on my CoA and then return to the US? Or must I go back to the US and use the CoA as documentary evidence of a relationship?

Cheers for all your advice so far.

Post by **Casa** » Fri Jul 03, 2009 4:42 pm

You can marry in the UK on the COA, but be aware that the COA application may have alerted the authorities to your overstay...so suggest
to marry PDQ and get back to the US to apply for the spouse visa as soon as you can.
You're both over 21?

Modgonne · Post by **Modgonne** » Fri Jul 03, 2009 6:41 pm

Casa wrote:You can marry in the UK on the COA, but be aware that the COA application may have alerted the authorities to your overstay...so suggest
to marry PDQ and get back to the US to apply for the spouse visa as soon as you can.
You're both over 21?

Yup, both 28 and been together four years. We were planning on marrying asap, just need to give the registrar a heads up and get a date.

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Have CoA to Marry, in time it took visa expired

Have CoA to Marry, in time it took visa expired