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Fraid not - being apart for a bit isn't a valid Art 8 claim!!ukresi13 wrote:That is a ridiculous notion that I must return to my home country and be away from my husband for an infinite amount of time because of the home office’s insufficient and intrusive way of approaching marriage and immigration. It is there fault that I applied after my visa expired and it would a violation of human rights if they separate me from my partner.
CoA is NOT a visa. It's your fault you overstayed - if the CoA was not forthcoming in time it's up to you to ensure you don't overstay. How can that be anybody's fault than your own?ukresi13 wrote:Under legal advice we were told that being under the process of the COA and for the fault of the home office our case would be treated with all fairness in regards to the visa. It is the home office’s fault for me being an overstayer and we have legal justifications for this claim.
After reading many other posts the problem is the waiting time for the FLRM and whether or not we should seek further legal advice?
When did you apply for COA? and when your student visa expire? There is 3 months expiry requirement, you have to apply for COA 3 months before the expiry of your visaukresi13 wrote:I’ve been reading the posts and seeing that there are various waiting times for each application. My husband I are confused and frustrated with our case. Could someone please offer some advice.
We applied under an FLRM form 16 weeks ago and had my biometrics appointment 14weeks ago. We started with the COA process a year ago and because of issues due to the home office they did not grant us permission to wed until after my student visa had expired. After finally being granted the COA we were advised from a free immigration solicitor to go a head marry here and apply for our FLRM. So now it’s over a year since we’ve been through this system. Our financial situation is getting worse since I can not work, not to mention being unable to attend my family members funeral abroad.
It’s been almost a year with no end in sight. Our solicitor is not being too helpful anymore and we are uncertain as to what we can or should do? Should we seek out another solicitor, would that make a difference? Has anyone been through something similar or waited as long for a response? Please Help.
John wrote:That requirement was removed ages ago. It no longer applies.There is 3 months expiry requirement, you have to apply for COA 3 months before the expiry of your visa
This topic is 9 years old from 2009. The rules and processes have changed since then.