Do i need a Certificate of Approval

humble1 · Post by **humble1** » Mon Oct 15, 2007 11:59 am

i came to this country on a spouse visa, i am no longer married with that person. i have 4 months left on my visa, i want to marry again, what do i need to do? do i apply for a COA , or do i go back to my country and make a fresh new application. i am pregnant from the person i want to marry, would that help? please advise me on what to do....thanks[/b]

Siggi · Post by **Siggi** » Mon Oct 15, 2007 12:10 pm

If you are no longer married, to the person through whom you have accquired your spouse visa, this would mean that you are illegal as your spouse visa would be nall en void, once you where divorced.

The remedy is to leave the country and marry your new man and apply for a spouse visa again from your home country.

Dont apply for a COA they will want to know how and why you are here in the first place.

avjones · Post by **avjones** » Mon Oct 15, 2007 12:14 pm

Hi - you need to give more detail, really.

When and where did you marry? When did your 2 year visa start? What happened after that ended, did you get ILR?

humble1 · Post by **humble1** » Mon Oct 15, 2007 12:16 pm

i was told, by a solicitor that, there is a 5o/50 chance for my coa bieng accepted....

Siggi · Post by **Siggi** » Mon Oct 15, 2007 12:27 pm

Your solicitor is taking a 50/50 chance with you at your expense!

humble1 · Post by **humble1** » Mon Oct 15, 2007 12:30 pm

hmmm quiet right.... i just phoned the immigration enquiery burea , they said that i will need to change my visa status before applying for coa.....how do i do that?

Siggi · Post by **Siggi** » Mon Oct 15, 2007 12:40 pm

Amanda is right we need a bit more detail from you.
How long have you been in the UK and are you divorced and we assume you dont have ILR?
But I still believe the only way around this, is to leave the UK asap, marry in your home country and apply again for a spause visa, you dont need a COA.

Wanderer · Post by **Wanderer** » Mon Oct 15, 2007 12:41 pm

See http://www.immigrationboards.com/viewto ... highlight=

The plot thickens...

Siggi · Post by **Siggi** » Mon Oct 15, 2007 12:55 pm

Yes indeed the plot thickens, so if I understand it correctly you are not divorced so you are still legal at this point and in the eyes of the HO you are still married.
So if you are still married in the eyes of the HO you will not be granted a coa or a new spause visa.
To help you we will need the truth and details.

humble1 · Post by **humble1** » Mon Oct 15, 2007 1:04 pm

i have got my divorce done here although the decree absolute is still in the post.....but i wanna get things done........i have done a religious marriage to the man i want to marry....but obviously that is not recognized by law.

humble1 · Post by **humble1** » Mon Oct 15, 2007 1:06 pm

no i dont have ILR.....my 2 year visa expires in february..thats why i want to hurry things up.

vin123 · Post by **vin123** » Mon Oct 15, 2007 1:10 pm

To be honest with you, you have to employ the services of a Solicitor to speed things up rather than waiting for unconditional responses.

Take out the yellow pages, www.yell.co.uk put "solicitors" or "divorce" as search term enter your town/city name, and start calling people/offices and try and arrange an appointment asap. Good luck

humble1 wrote:i have got my divorce done here although the decree absolute is still in the post.....but i wanna get things done........i have done a religious marriage to the man i want to marry....but obviously that is not recognized by law.

mym · Post by **mym** » Mon Oct 15, 2007 1:30 pm

humble1 wrote:i have got my divorce done here although the decree absolute is still in the post.

Then you are probably now here illegally. If you apply for a CoA the first thing they will do is check that.

humble1 · Post by **humble1** » Mon Oct 15, 2007 1:58 pm

my visa expires in feb

Wanderer · Post by **Wanderer** » Mon Oct 15, 2007 2:02 pm

humble1 wrote:my visa expires in feb

But you are not here under the terms of the visa as granted, ie you are no longer a spouse therefore ur visa is invalid.

Same with a student visa, stop studying and you are in breach and illegal.

humble1 · Post by **humble1** » Mon Oct 15, 2007 2:10 pm

well i had to get my divorce done here dats y.

mym · Post by **mym** » Mon Oct 15, 2007 2:25 pm

humble1 wrote:my visa expires in feb

Irrelevant. If you are not going to listen to advice, why ask for it?

If you had Further Leave to Remain as a Spouse/Civil Partner and are now divorced then you are here illegally.

Siggi · Post by **Siggi** » Mon Oct 15, 2007 3:12 pm

Our advise on this board is free and as you are now illegally in the country.

Take our best advice, return to your country of origin and reapply for a new spouse visa, base on your new marriage to your British husband.

This is the most effective way of dealing with your problem, despite what expensive immigration solicitor might tell you and again they admit you only have a 50/50 chance of suceeding.

Good luck.

avjones · Post by **avjones** » Mon Oct 15, 2007 5:45 pm

As the Home Office guidance says:

If the basis on which you were granted leave to enter or remain in the UK no longer applies, you should write to the Home Office as soon as possible, quoting your full name, date of birth, nationality, the RD or SD number that accompanied the original application, the date that application was posted and your Home Office reference.

Home Office
Border and Immigration Agency
Lunar House
40 Wellesley Road,
Croydon
CR9 2BY.

If you fail to tell us of a change that may affect your immigration status, you may be committing an offence and could be removed from the UK.

humble1 · Post by **humble1** » Sun Nov 04, 2007 12:52 pm

got my COA on friday !!!!!!

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Do i need a Certificate of Approval

Do i need a Certificate of Approval