- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
None of these actions would preclude the need for ur other half to return to Mexico for the correct leave I'm afraid.porkamovsky wrote:Thanks so much for the replies...we didn't consider marrying in an Anglican church because we were planning to get married in a registry office and didn't think getting a COA would be a problem.
Would we be able to get married in an Anglican church after the birth of the baby, even though her visa would have expired?
Any idea how much cost of the birth could be?
If paid, would we be able to get spouse visa?
The COA is not a visa. So it's always recommended that people apply for it in good time before their visa expires. I think the best option is not to overstay (like Wanderer said) and then you won't have any problems to deal with, just a straight forward spousal visa application.porkamovsky wrote:thank but please could you explain what is 'the correct leave'?
how can HO regard this as deliberate purposeful overstay when they have all our documents while they are considering our COA?
what do you think: She overstays her visa and has the baby here, we request our documents back from the HO, register the baby here and then we go to Mexico to get married in March or April...we apply for a spouse visa from there and I return to UK while we wait for that to be approved.
Correct 'Leave to Remain' - as a spouse/fiancee not a visitor.porkamovsky wrote:thank but please could you explain what is 'the correct leave'?
how can HO regard this as deliberate purposeful overstay when they have all our documents while they are considering our COA?
what do you think: She overstays her visa and has the baby here, we request our documents back from the HO, register the baby here and then we go to Mexico to get married in March or April...we apply for a spouse visa from there and I return to UK while we wait for that to be approved.
Yes, good point, I forgot that. CoA is only permission to marry, it conveys no visa status or leeave to remain.boulevardofbrokendreams wrote:The COA is not a visa. So it's always recommended that people apply for it in good time before their visa expires. I think the best option is not to overstay (like Wanderer said) and then you won't have any problems to deal with, just a straight forward spousal visa application.porkamovsky wrote:thank but please could you explain what is 'the correct leave'?
how can HO regard this as deliberate purposeful overstay when they have all our documents while they are considering our COA?
what do you think: She overstays her visa and has the baby here, we request our documents back from the HO, register the baby here and then we go to Mexico to get married in March or April...we apply for a spouse visa from there and I return to UK while we wait for that to be approved.
They may also be thinking it was deception on entry (may also be affecting your CoA application). Entering as a visitor and then within a week of arrival making an application for a COA (after visiting a register office..) could suggest you were always planning to get married in the UK but wanted to avoid getting a fiancee visa.Wanderer wrote:Correct 'Leave to Remain' - as a spouse/fiancee not a visitor.porkamovsky wrote:thank but please could you explain what is 'the correct leave'?
how can HO regard this as deliberate purposeful overstay when they have all our documents while they are considering our COA?
what do you think: She overstays her visa and has the baby here, we request our documents back from the HO, register the baby here and then we go to Mexico to get married in March or April...we apply for a spouse visa from there and I return to UK while we wait for that to be approved.
Because she entered presumably knowingly pregnant? I dunno - the UKBA never give u the benefit of the doubt - assume the worst, I still feel the UKBA will try and play the deception card re the birth, it's happened before, search the site. They just don't like people entering on visit visas that aren't just visitors....
I could never recommend anyone overstay because although it's not supposed to count against a settlement visa, it doesn't make a difficult process any easier. Have you thought about the spouse visa app? U'll need suitable accom. and disposable income of £160 a week after regular bills for a family of three. Remember no third party support and proof of everything.
Good luck anyway...
porkamovsky wrote:Hi I would be very grateful for suggestions
I am a British citizen...my Mexican gf and i have been in a relationship since 2004. She has visited UK several times on 6 month visas and I Mexico (and we have travelled to other countries together). I last visited Mexico in June 2009.
As a result of this last visit my gf became pregnant and she came to UK again July 12th. We decided shortly after her arrival to get married, but were informed by the local registry office that we must have a COA from the HO first. Naively I expected this process to be a formality (!)
We sent in COA application on 19th July, and received a letter of acknowledgment on 23rd July.
On 25th August we received a letter requesting affidavits and other documentary evidence - we had a Notary Public witness these and returned them within 14 days as requested. Since we did not have any documents addressed to us jointly at our current address, the proof of address my gf provided was three letters from the NHS notifying dates of pre-natal appointments.
We heard nothing from the HO after this - I called Croydon HO in October and was told they could not say when our case would be decided. In November I asked if there was any way of requesting a decision quickly - they said yes and gave me a fax number to send the reason for my request. In the fax I pointed out that we had postponed our original plan for a wedding from 30th October and asked if they could answer soon because my fiancee is pregnant and we'd like to be married before the baby arrives!
Since then we still have heard nothing. The HO still have both our passports, my gf's Mexican ID card, my divorce decree nisi, photos, etc etc.
My fiancees 6 month visa expires on 11 January 2010. She is currently 29 weeks and will be 34 weeks pregnant when her visa expires.
Obviously it would be very risky for her to travel at that stage of her pregnancy, and anyway we want to have the baby here.
We're considering these courses of action:
1) She overstays her visa, has the baby here, we request our documents back from the HO, register the baby here and then we go to Mexico to get married in March or April...we apply for a spouse visa from there and I return to UK while we wait for that to be approved.
2) She overstays her visa, has the baby, we request our documents back from the HO and we register him here, then we get married in an Anglican church here. Then could we apply for spouse visa from here?
Would the fact that she will have overstayed affect them granting a spouse visa?
Under the circumstances, before her visitor visa runs out, can she request Further Leave To Remain?
Is there some other course of action we could take?
Thanks for reading this, any help much appreciated.
porkamovsky wrote:Hi I would be very grateful for suggestions
I am a British citizen...my Mexican gf and i have been in a relationship since 2004. She has visited UK several times on 6 month visas and I Mexico (and we have travelled to other countries together). I last visited Mexico in June 2009.
As a result of this last visit my gf became pregnant and she came to UK again July 12th. We decided shortly after her arrival to get married, but were informed by the local registry office that we must have a COA from the HO first. Naively I expected this process to be a formality (!)
We sent in COA application on 19th July, and received a letter of acknowledgment on 23rd July.
On 25th August we received a letter requesting affidavits and other documentary evidence - we had a Notary Public witness these and returned them within 14 days as requested. Since we did not have any documents addressed to us jointly at our current address, the proof of address my gf provided was three letters from the NHS notifying dates of pre-natal appointments.
We heard nothing from the HO after this - I called Croydon HO in October and was told they could not say when our case would be decided. In November I asked if there was any way of requesting a decision quickly - they said yes and gave me a fax number to send the reason for my request. In the fax I pointed out that we had postponed our original plan for a wedding from 30th October and asked if they could answer soon because my fiancee is pregnant and we'd like to be married before the baby arrives!
Since then we still have heard nothing. The HO still have both our passports, my gf's Mexican ID card, my divorce decree nisi, photos, etc etc.
My fiancees 6 month visa expires on 11 January 2010. She is currently 29 weeks and will be 34 weeks pregnant when her visa expires.
Obviously it would be very risky for her to travel at that stage of her pregnancy, and anyway we want to have the baby here.
We're considering these courses of action:
1) She overstays her visa, has the baby here, we request our documents back from the HO, register the baby here and then we go to Mexico to get married in March or April...we apply for a spouse visa from there and I return to UK while we wait for that to be approved.
2) She overstays her visa, has the baby, we request our documents back from the HO and we register him here, then we get married in an Anglican church here. Then could we apply for spouse visa from here?
Would the fact that she will have overstayed affect them granting a spouse visa?
Under the circumstances, before her visitor visa runs out, can she request Further Leave To Remain?
Is there some other course of action we could take?
Thanks for reading this, any help much appreciated.
Emergency treatment is free on a visit visa but not a birth. What's a decree absolute got to do with it? Who mentioned divorce?ajmal wrote:Nhs treatment for your girl friend is ok and you dont need to worry as its not come in public fund, but you need DECREE ABSOLUTE to get permission for marriage
Yes you'll be in trouble if you overstay to intentionally use NHS to give birth to your child(a birth isn't an emergency).Wanderer wrote:Emergency treatment is free on a visit visa but not a birth. What's a decree absolute got to do with it? Who mentioned divorce?ajmal wrote:Nhs treatment for your girl friend is ok and you dont need to worry as its not come in public fund, but you need DECREE ABSOLUTE to get permission for marriage
Juv wrote:Have you guys got your COAs yet? the current timing seems to be ridiculous, been waiting for 12 weeks myself. Wish they made up their minds already! At least say NO so other roots can be explored!