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Church of England marriages

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immigration1
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Posts: 51
Joined: Tue May 29, 2007 8:53 am

Church of England marriages

Post by immigration1 » Mon Jun 04, 2007 7:51 pm

If someone getsmarried in the Church of England, can they then apply for leave to remain on Form FLR (M)? Also what if they wait for 2 yrs after the marriage and then make an application for ILR provided they can show evidence that they lived together and satisfy all the other requirements [SET (M)], would the HO allow such an application?

John
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Location: Birmingham, England
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Post by John » Mon Jun 04, 2007 8:06 pm

Just because the person is now married does not mean that they can automatically succeed with an application on form FLR(M). A CoE marriage does not assist in getting them round the "no switching" rule that was introduced over 4 years ago.

That is, whilst they can show that they are married they might still need to return to their country to apply for their 2-year spouse visa.
Also what if they wait for 2 yrs after the marriage and then make an application for ILR
It will not work. Where is the 2-year spouse visa? They will not have one, so no visa to convert into ILR.

But is the person caught by the "no switching" rule? You need to explain more about their UK immigration history.
John

immigration1
Junior Member
Posts: 51
Joined: Tue May 29, 2007 8:53 am

Post by immigration1 » Mon Jun 04, 2007 9:06 pm

John wrote:Just because the person is now married does not mean that they can automatically succeed with an application on form FLR(M). A CoE marriage does not assist in getting them round the "no switching" rule that was introduced over 4 years ago.

That is, whilst they can show that they are married they might still need to return to their country to apply for their 2-year spouse visa.
Also what if they wait for 2 yrs after the marriage and then make an application for ILR
It will not work. Where is the 2-year spouse visa? They will not have one, so no visa to convert into ILR.

But is the person caught by the "no switching" rule? You need to explain more about their UK immigration history.
OK thanks John, it's just many failed asylum-seekers are in the false hope that if they get married in the CofE then they won't need to get a CofA, which of course is true but then they also think that they can just simply apply for FLR (M) even though they don't have leave to start with in the first place!! I keep telling them to return home and apply for EC if there are no insurmountable obstacles of course.

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