Help! Spousal Visa?

[Anonimouse2017]

Help!

My other half was born in Canada, but her parents were born in Italy. Her parents have recently applied for and successfully received their Italian passports. My girlfriend wants to do the same and we've visited the Italian Consulate in London to scan her fingerprints, fill out the usual information etc.

However earlier last week we received a letter stating the application had been filled out incorrectly; more notably my girlfriend has not registered with AIRE before applying. This is not something Canadian citizens have to complete. However in order to register with AIRE, you need proof of Italian citizenship. According to the representative in the Italian Consulate, this is something that could be done after receiving your passport, but this doesn't appear to be true.

We've filled out the AIRE form, but have not yet received a response. Does anyone know how long this might take? As soon as the form is approved, my girlfriend can re-apply for her Italian passport and remain as an EU resident. The only trouble is, she is currently on a 2 year work visa, which runs out in 5 weeks time. The above has been on-going for well over 12 months!

Is there an alternative to this? Would flying to Rome to obtain a passport be a possibility? Otherwise, if we were to marry via a registry office, could we obtain a spousal visa in time? Even if she had to go back to Canada whilst it was processed, could she then return once approved?

Thanks!

[Casa]

I'm unable to comment on the Italian passport, but the issue you have with marrying in the UK and applying a Spouse visa is your timescale.

As your girlfriend is a foreign national, in order to marry in the UK you would have to give notice with a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO who can then extend the notification period from 28-70 days in order to interview you both if they choose to do so before the wedding go ahead.

Even the standard 28 days notice will put you close to your girlfriend's visa expiry date....and then you would have to secure an premium PSC appointment to submit the FLR(M) application in person.