COA

[paperwork]

Hello!
The rule of marriage and civil partnership requires COA and the condition goes as follows.

"A certificate of approval can be obtained from the Immigration and Nationality Directorate. This will usually only be issued where the person has been granted leave to enter or remain for over six months from the date on which they entered the UK and where three months of that leave is still in force. "

My Question is, if one have a six month limited leave to remain 'visitor' after living in UK as a student for over 2years and workpermit for 4 months, would I be elegible to apply for COA for 'marriage'.
Thanks

[John]

So after the time in the UK as a student and on WP you left the UK and have now returned as a visitor? If that is the case then no, it is a waste of money applying for a CoA. You will not get it.

If the scenario I have outlined above is wrong, please explain in what circumstances the visitor visa was granted.

[paperwork]

Thanks John,

Sorry if the picture wasn't clear.
I was a student for 2 years. I Left and after a gap of 2 months got a workpermit from native country for a short term (3 months which got extended to another 2 months) and at the end of the workpermit got Limited Leave to Remain (which I guess is a visitor status as it doesn't allow me to work anymore) for 6 months to wrap up my affairs. I have got about 5 months on visa.

I was expecting to leave but I met someone who is on a workpermit here from a latin american country and want to live together. We want to go for a Civil Partnership. So I don't know if applying for COA while I am here would be a good option. Although we both are financially okay as I earned some money on my project and my partner is earning a good living, but given the fact that we have not been in a long relationship, will that be against us? What need to be demonstrated for the relationship?

Would things be different if the 'limited leave to remain' was for longer period. I don't think HO issues visas longer than 6 months, do they?
Would it be different if I had met someone of Opposite sex? Guess they are more suspicious about CP's.

What is your experience and suggestion.

Regards,

[John]

I think the easy part is :-

Would it be different if I had met someone of Opposite sex? Guess they are more suspicious about CP's.

No difference whatsoever. An applicant for a CoA to enable a marriage to happen would be treated in the same way as one to allow a Civil Partnership to happen. No difference at all. Same legislative background as to whether CoA would be granted, or not. No discrimination!

So what is the legislation and how is it applied? You have now given us lots more detail ... important detail ... previously missing! I think you should download CHAPTER 1 SECTION 15 - AUTHORITY TO MARRY OR REGISTER A CIVIL PARTNERSHIP IN THE UNITED KINGDOM. Having done so, have a good read and in particular study the part of 3. that reads :-

The applicant's leave on this occasion is to be calculated from the date on which his present stay in the UK first began, i.e. the original date of entry. If the applicant has since embarked (e.g. for a holiday) and re-entered to resume leave previously granted, the date of entry remains the original date of entry. If the applicant has embarked and returned to the UK without resuming his previous leave (e.g. he has entered in a different category from that of his previous leave, or his previous leave
lapsed on leaving the UK so that he has entered on a new grant of leave), the period of leave on this occasion is calculated from the date of entry in the new category. If the applicant has been granted an in country extension of stay, the period of entry is granted from the original date of entry.

So, unless I am misreading something, which is always possible, it looks like your current stay is 3+2+6 = 11 months and you have 5 months left. Accordingly it looks like you are eligible to apply for a CoA ... but do study the detail in the document, which is part of the instructions to IND staff.

Your partner will also need to apply for a CoA, it appears. Both applications should be submitted at the same time. Note the part of the document that says that if either is due to be rejected then both will be rejected.

Hope this helps. Your situation certainly looks to be a lot more hopeful.

[paperwork]

Thanks again John,

Its 3+2 (as a workpermit) + 6 (presently within these 6 months - it is not an extension as a workpermit but extension to travel around and sort out things to leave).

Now based on the clause you quoted above.

"If the applicant has been granted an in country extension of stay, the period of entry is granted from the original date of entry"

The question is :
The extension of stay has been for a different reason than the initial entry in UK.i.e. variation in the leave to remain. Does it matter?

I found something on
CERTIFICATES OF APPROVAL FOR MARRIAGE - REFUSAL WORDINGS

“In order to qualify for a certificate of approval, a person must have valid leave to enter or remain in the UK, as follows. He must have been granted over 6 months leave to enter or remain on this occasion and have at least 3 months of this leave remaining at the time of making the application.”

My initial entry was for 3 months. The word this occassion is very confusing.

If you may allow me to refer to a situation posted on the forum - a person enters on a visitor visa and gets extension for another six months, would the person be eligible to apply for COA? Just curious as the person was looking to going back and coming as a fiance.

Your input is highly appreciated.

Thanks

[John]

Interesting point. And having looked at a couple of other documents on the IND website I am still just as confused.

However, and do appreciate this is merely an opinion, given the continuous "stream" of visas .... 3 + 2 + 6 = 11 months ... I think it is possible that you qualify. That is, I cannot spot anything in the link I provided earlier that says that it matters if the category is different ... and long as it is a continuous stream.

But the last thing you want is for you and your partner to fork out £270 in total only for you to be refused on the grounds you suspect might apply, and accordingly your partner's application would also fail.

Unless anyone comes up with any bright idea before then, maybe you should phone IND tomorrow and try to get clarification?

[paperwork]

John,

Tried Home Office about 10 times but never got connected.

The confusion does raise doubt and I don't think this would work that easy. Otherwise people with short term visa would get their leave extended and get COA. It would be easier.

I wonder if there is any appeal on the refusal of COA. anyone else here who have had any experience?

Should I be packing bags to get in again? What would I need to establish the relationship, if and when I apply to come back? Given the relationship is not a long term.

Thanks again.

[paperwork]

Hi John and others.

Called the homeoffice to find about the criteria and they suggest to leave the country and apply from High Commission. So 3+2+6 months of grant is irrelavant unless one comes in the country with more than 6 month visa.

My query is What do I need to do (step by step) to join my partner after I have left and register a CP.

You guidance is appreciated.

Thanks.