PLEASE HELP! URGENT ADVICE NEEDED

[mrlookforward]

Ok, this is Mitch here, the UK boyfriend. I wanted to clear a few things up and also ask a couple of things...

Firstly, we have flight tickets from july 10th 2008 when Bobbi came to the UK, we have other flight documentation to show me going there for a month and Bobbi returning to the UK. The reason Bobbi went back to Canada was to finish her degree. I realise it's still a long shot but do you think these flight tickets would support our 2 year relationship (23 months acutally). Also, we have a lot of correspondence from the times we were apart.

Ok now, we have a dilemma on our hands should Monday's interview backfire (which seems likely). We have a family holiday booked for the 15th June -22nd in which time Bobbi's visa runs out (19th).

So I guess I'm asking... Would it cripple our chances of any visa if Bobbi overstays her visa, even if she's not working?

I would rather get married this week??? Or would that not make any difference?

She cant marry in UK. Read my other posts please. The best way would be to get married in Canada and she can apply for a spouse visa from there. I think you should understand by now, that your visa as unmarried partner will not succeed. The things you have mentioned cant help you. UKBA wants hard official proof that you have lived "together" in a relationship akin to marriage for 2 years. The proofs you are going to provide can only act against you, not in favour of you. Any overstay can only have negative effects.

[bobbiandmitch]

And if Bobbi's employers are willing to sponsor her? I'm thinking its too late for that, or does anybody have any advice on it?

[mrlookforward]

they must have a sponsors license from UKBA and she should be employed in a shortage occupation category. nothing can be sorted in this short time really. I cant understand why are you so worried about her going back to canada. getting a spouse visa shouldnt be difficult if you are working.

[djb123]

Try reading vinny's links. It's not just having a two year relationship, it's about living together and having a relationship akin to marriage/civil partnership for at least two years. What evidence have you got to show this?

Really not a good idea to overstay and that is likely to make things difficult for you.

You should have a COA to get married, which is never going to happen in time. If you can find someone to marry you without a COA (an Anglican church might) you still need to give 15 days notice anyway which means her visa will probably run out before you can get married. Getting married without a COA and probably without legal stay in the UK isn't going to make it easy for her to renew a visa within the UK.

You need to base your future on her returning home if the interview doesn't go well for you then returning either in her own right (student, working) or on the basis of her relationship with you (fiancee/spouse). Potentially you could try to use entry as a visitor to reach the 24 months but you may have to spend a reasonable amount of time outside of the UK with her to make that work.

[bobbiandmitch]

they must have a sponsors license from UKBA and she should be employed in a shortage occupation categoy. nothing can be sorted in this short time really. I cant understand why are you so worried about her going back to canada. getting a spouse visa shouldnt be difficult if you are working.

I am grateful for your advice on facts and possibilities but how do you and why would you care if I was worried about anything, let alone her going back to Canada. What I 'care' about doesn't matter here, what matters is we do the right thing now, to enable us to live together in the future.

[mrlookforward]

I never tried to make a personal remark. It was just based on keeping immigration rules in mind.

[mrlookforward]

they must have a sponsors license from UKBA and she should be employed in a shortage occupation categoy. nothing can be sorted in this short time really. I cant understand why are you so worried about her going back to canada. getting a spouse visa shouldnt be difficult if you are working.

I am grateful for your advice on facts and possibilities but how do you and why would you care if I was worried about anything, let alone her going back to Canada. What I 'care' about doesn't matter here, what matters is we do the right thing now, to enable us to live together in the future.

I have sent you an important pm. Pls check your messages.

[bobbiandmitch]

I never tried to make a personal remark. It was just based on keeping immigration rules in mind.

No problem. I appreciate your advice. Ok, so we've been chatting and we'd like to make the holiday and then Bobbi fly to Canada from the airport we return to from holiday. Hopefully that makes sense.

So we go to Spain from the 15th-22nd (from Birmingham) in which time Bobbi's visa runs out, then on our return Bobbi fly's from B'ham to Canada.

Would this be classed as overstaying? Or would they let her back into the country for a few days to fly from London?

[djb123]

I never tried to make a personal remark. It was just based on keeping immigration rules in mind.

No problem. I appreciate your advice. Ok, so we've been chatting and we'd like to make the holiday and then Bobbi fly to Canada from the airport we return to from holiday. Hopefully that makes sense.

So we go to Spain from the 15th-22nd (from Birmingham) in which time Bobbi's visa runs out, then on our return Bobbi fly's from B'ham to Canada.

Would this be classed as overstaying? Or would they let her back into the country for a few days to fly from London?

She will not be able to re-enter the UK on her existing visa as it would have expired. They may let her re-enter as a visitor with a new 'stamp'.

[bobbiandmitch]

She will not be able to re-enter the UK on her existing visa as it would have expired. They may let her re-enter as a visitor with a new 'stamp'.

Does anybody have any experience with this? I wouldn't like to take a chance that they might let you into the country. We're planning on booking the Canadian flight ticket this week, so that would be proof of her leaving. But we can't run the risk of her been classed as an overstayer.

[mrlookforward]

Under the situtation you have mentioned, she wont be an overstayer. When her visa runs out, she would be out of UK, so not an overstayer. When she enters uk for a few days before going to canada, she will be entering as a visitor. You should ideally have a ticket for her ready to show to immigration officer. Some of them can be really difficult, asking question about why so soon she is again seeking entry as a visitor.

[djb123]

She will not be able to re-enter the UK on her existing visa as it would have expired. They may let her re-enter as a visitor with a new 'stamp'.

Does anybody have any experience with this? I wouldn't like to take a chance that they might let you into the country. We're planning on booking the Canadian flight ticket this week, so that would be proof of her leaving. But we can't run the risk of her been classed as an overstayer.

As already mentioned she won't be classed as an overstayer but there is small possibility that she will refused entry - this though is always the case for people without right of abode to the UK.

The immigration officer may not believe she is a genuine visitor and give her entry for 6 months (after all she has had 2 years to be a genuine visitor) but if she has a ticket from the UK a few days later they should allow her enough time to pack her things and leave.

No-one on this forum will be able to say exactly what will happen, it depends on the IO on the day and what your girlfriend says when questioned.

[bobbiandmitch]

If we get married in Canada, how long does it generally take to be allowed back in the UK with permission to work?
Does Mitch have to be working in the UK to get the spousal visa, while I am waiting in Canada?

[ElenaW]

If we get married in Canada, how long does it generally take to be allowed back in the UK with permission to work?
Does Mitch have to be working in the UK to get the spousal visa, while I am waiting in Canada?

As soon as your spousal visa is approved, you can enter and work. Yes he has to be working or have a substantial amount of savings.

[mochyn]

May I ask what are your ages?

[bobbiandmitch]

If we get married in Canada, how long does it generally take to be allowed back in the UK with permission to work?
Does Mitch have to be working in the UK to get the spousal visa, while I am waiting in Canada?

As soon as your spousal visa is approved, you can enter and work. Yes he has to be working or have a substantial amount of savings.

Thanks Elena, Do you know how long it generally takes for this visa application? Can it be up too a few months? Is it possible to do premium same day service as with other visas? Does this require me to be in the UK immedietely prior to marrying?
Thanks!

[djb123]

If we get married in Canada, how long does it generally take to be allowed back in the UK with permission to work?
Does Mitch have to be working in the UK to get the spousal visa, while I am waiting in Canada?

As soon as your spousal visa is approved, you can enter and work. Yes he has to be working or have a substantial amount of savings.

Thanks Elena, Do you know how long it generally takes for this visa application? Can it be up too a few months? Is it possible to do premium same day service as with other visas? Does this require me to be in the UK immedietely prior to marrying?
Thanks!

It can take anything from a few days to a few months, and there is no premium service. There is no requirement to be in the UK immediately prior to marrying.

[bobbiandmitch]

May I ask what are your ages?

I'm 24 and Mitch is 26

[bobbiandmitch]

If we get married in Canada, how long does it generally take to be allowed back in the UK with permission to work?
Does Mitch have to be working in the UK to get the spousal visa, while I am waiting in Canada?

As soon as your spousal visa is approved, you can enter and work. Yes he has to be working or have a substantial amount of savings.

Thanks Elena, Do you know how long it generally takes for this visa application? Can it be up too a few months? Is it possible to do premium same day service as with other visas? Does this require me to be in the UK immedietely prior to marrying?
Thanks!

It can take anything from a few days to a few months, and there is no premium service. There is no requirement to be in the UK immediately prior to marrying.

Can we not marry in the UK? Before I go back to Canada? or If I return on a visitor visa? It would be the same scenario if Mitchell had to come to Canada.

[djb123]

As soon as your spousal visa is approved, you can enter and work. Yes he has to be working or have a substantial amount of savings.

Thanks Elena, Do you know how long it generally takes for this visa application? Can it be up too a few months? Is it possible to do premium same day service as with other visas? Does this require me to be in the UK immedietely prior to marrying?
Thanks!

It can take anything from a few days to a few months, and there is no premium service. There is no requirement to be in the UK immediately prior to marrying.

Can we not marry in the UK? Before I go back to Canada? or If I return on a visitor visa? It would be the same scenario if Mitchell had to come to Canada.

Without a COA you may not find anyone to marry you, and it is impossible for you to marry in the UK now before you return anyway as you have to give 15 days notice.

The COA applies if you try to marry on a visitor visa too - and they are unlikely to grant you a COA if you apply.

Just one thought about entering as a visitor - if your UPV application is refused it will make it more awkward to to enter as a visitor (as you tried to get a settlement visa).