Marriage visa for expired student visa

[ld10]

First of all your current visa is expired so you can not apply for CERTIFICATE OF APPROVAL OF MARRIAGE.

Thats not true .You can apply for COA with visa without visa or even if your passport empty witout any visas(under EU law of human rights),althougth certain points must be met.

Explain? Anyone can apply for any visa/CoA under any status, 100% refusal but u can apply...

So why?

IMPORTANT INFORMATION FOR APPLICANTS WHO DO NOT HAVE LEAVE TO ENTER OR
REMAIN IN THE UK WHICH MEETS THE CRITERIA FOR A CERTIFICATE OF APPROVAL (COA)
Following High Court and Court of Appeal judgments, changes were made to the COA scheme. In 2006 procedures
were introduced for applicants who have valid leave to enter or remain in the UK when applying for a COA but not
leave which meets the published COA criteria. Further procedures were introduced in 2007 for applicants with no
valid leave at the time of application. If you are such an applicant, we may write to you after receiving your application
in order to obtain information and supporting evidence to enable us to be satisfied that your proposed marriage
or civil partnership is genuine. Any such letter will ask for information about the following:
When, where and how you and your fiancé(e)/proposed civil partner met
When you decided to marry or enter into a civil partnership
Where you intend to live if permitted to marry or to enter into a civil partnership in the UK
Arrangements for any religious ceremony, including the nature of the ceremony, the person conducting it and relevant
contact details
Arrangements for any reception or celebration, including location, proof of booking and relevant contact details
Your relationship with your fiancé(e)/proposed civil partner if you are not living together (for example, letters and
photographs as evidence of the relationship)
Your life with your fiancé(e)/proposed civil partner if you are living together, including the address(es), how long
you have lived together, and documentary evidence in the form of correspondence addressed to both of you at
the same address from gas/electricity/water companies, government bodies, local authorities, financial institutions
etc
Any children from your and your fiancé(e)/proposed civil partner's present or previous relationships, including
where they now live, the length of time any of them have lived with you, the names of their natural parents and
who supports them
Contact telephone numbers for yourself and your fiancé(e)/proposed civil partner in case we need to contact
either of you
Any additional information about yourself and your fiancé(e)/proposed civil partner which you would like us to
know about, and/or any additional supporting evidence or documentation which might help your application.
The letter asking for this information will explain that your answers will have to be provided in separate affidavits
signed and dated by you and your fiancé(e) or proposed civil partner. An affidavit is a written statement signed on
oath and witnessed by a qualified solicitor or notary public.



Basically if your intentions genuine than you might pass it.





http://www.ind.homeoffice.gov.uk/siteco ... _guide.pdf

[Tim555]

First of all your current visa is expired so you can not apply for CERTIFICATE OF APPROVAL OF MARRIAGE.

Thats not true .You can apply for COA with visa without visa or even if your passport empty witout any visas(under EU law of human rights),althougth certain points must be met.

I'm not sure your comments are correct or not. As well as my experience is concern, In 2007 I applied for COA. That time I was on student visa. The main rule was ''MY VISA SHOULD NOT LESS THAN 6 MONTHS'' for COA application if I'm marrying to BRITISH CITIZEN.
&
There was a fee of 235.00 something ( dont remenber exact amount ) payable to Home Office for COA application.

Later on I heard they aboilished the fee rule.

I still have doubt on your comment ''ANYONE CAN APPLY COA ON ANY VISA OR EVEN IF PASSPORT IS EMPTY''. It means if someone is illegal ( Empty passport ) will be allowed for COA? Pls explain this to me?

[ld10]

First of all your current visa is expired so you can not apply for CERTIFICATE OF APPROVAL OF MARRIAGE.

Thats not true .You can apply for COA with visa without visa or even if your passport empty witout any visas(under EU law of human rights),althougth certain points must be met.

I'm not sure your comments are correct or not. As well as my experience is concern, In 2007 I applied for COA. That time I was on student visa. The main rule was ''MY VISA SHOULD NOT LESS THAN 6 MONTHS'' for COA application if I'm marrying to BRITISH CITIZEN.
&
There was a fee of 235.00 something ( dont remenber exact amount ) payable to Home Office for COA application.

Later on I heard they aboilished the fee rule.

I still have doubt on your comment ''ANYONE CAN APPLY COA ON ANY VISA OR EVEN IF PASSPORT IS EMPTY''. It means if someone is illegal ( Empty passport ) will be allowed for COA? Pls explain this to me?

Everything writen in COA guide,i posted it,just read it, its HO website.I dont know what else to explain??!!??about empty passport i know from one solicitor who helped(lucky) holder of passport get COA,dont know details.

[Tim555]

Everything writen in COA guide,i posted it,just read it, its HO website.I dont know what else to explain??!!??

True everything is written in COA guide but you did not read it for youself just attached it for our consideration.

If you dont have time to go through attachements than have a look on following selected points ( from your attached ):

1 FOR WHICH APPLICATIONS MUST YOU USE FORM
COA?

People who are subject to immigration control and who
do not have indefinite leave to enter or remain in the UK
must have such a document in order to be able to give
notice to a registrar of their intention to marry or to
enter into a civil partnership, unless they entered the
UK with a visa for this purpose and the visa is still valid.

2 QUALIFYING FOR A CERTIFICATE OF APPROVAL

One of the criteria for being issued with a COA is that
your current permitted stay (otherwise known as leave
to enter or remain) in the UK must be for more than 6
months and you must have at least 3 months of your
permitted stay remaining when you apply for a COA.

5 WHEN TO APPLY

You should apply at least 3 months before your permitted
stay in the UK expires, and you need to have been
given permission to stay for more than 6 months.

about empty passport i know from one solicitor who helped(lucky) holder of passport get COA,dont know details.

We know thousands of story of hundreds of solicitor, who they helped etc just for sack of their advertisment.

[ld10]

Everything writen in COA guide,i posted it,just read it, its HO website.I dont know what else to explain??!!??

True everything is written in COA guide but you did not read it for youself just attached it for our consideration.

If you dont have time to go through attachements than have a look on following selected points ( from your attached ):

1 FOR WHICH APPLICATIONS MUST YOU USE FORM
COA?

People who are subject to immigration control and who
do not have indefinite leave to enter or remain in the UK
must have such a document in order to be able to give
notice to a registrar of their intention to marry or to
enter into a civil partnership, unless they entered the
UK with a visa for this purpose and the visa is still valid.

2 QUALIFYING FOR A CERTIFICATE OF APPROVAL

One of the criteria for being issued with a COA is that
your current permitted stay (otherwise known as leave
to enter or remain) in the UK must be for more than 6
months and you must have at least 3 months of your
permitted stay remaining when you apply for a COA.

5 WHEN TO APPLY

You should apply at least 3 months before your permitted
stay in the UK expires, and you need to have been
given permission to stay for more than 6 months.

about empty passport i know from one solicitor who helped(lucky) holder of passport get COA,dont know details.

We know thousands of story of hundreds of solicitor, who they helped etc just for sack of their advertisment.

What about this then?? Can you explain???do you have time to read it?

1 FOR WHICH APPLICATIONS MUST YOU USE FORM
COA?
Form COA must be used only if you are applying for a
certificate of approval (COA) for marriage or civil partnership
in the UK.
People who are subject to immigration control and who
do not have indefinite leave to enter or remain in the UK
must have such a document in order to be able to give
notice to a registrar of their intention to marry or to
enter into a civil partnership, unless they entered the
UK with a visa for this purpose and the visa is still valid.

2 QUALIFYING FOR A CERTIFICATE OF APPROVAL
One of the criteria for being issued with a COA is that
your current permitted stay (otherwise known as leave
to enter or remain) in the UK must be for more than 6
months and you must have at least 3 months of your
permitted stay remaining when you apply for a COA.
You may still apply if you have permission to stay but it
is not as described above, or even if your permitted stay
has expired. However, to comply with High Court and
Court of Appeal judgments, we may write to you for further

and than in the end

IMPORTANT INFORMATION FOR APPLICANTS WHO DO NOT HAVE LEAVE TO ENTER OR
REMAIN IN THE UK WHICH MEETS THE CRITERIA FOR A CERTIFICATE OF APPROVAL (COA)

[Tim555]

Thats not true .You can apply for COA with visa without visa or even if your passport empty witout any visas(under EU law of human rights),althougth certain points must be met.

Here's Explanation according to your above question...

1 FOR WHICH APPLICATIONS MUST YOU USE FORM
COA?

People who are subject to immigration control and who
do not have indefinite leave to enter or remain in the UK
must have such a document in order to be able to give
notice to a registrar of their intention to marry or to
enter into a civil partnership, unless they entered the
UK with a visa for this purpose and the visa is still valid.

2 QUALIFYING FOR A CERTIFICATE OF APPROVAL

One of the criteria for being issued with a COA is that
your current permitted stay (otherwise known as leave
to enter or remain) in the UK must be for more than 6
months and you must have at least 3 months of your
permitted stay remaining when you apply for a COA.

5 WHEN TO APPLY

You should apply at least 3 months before your permitted
stay in the UK expires, and you need to have been
given permission to stay for more than 6 months.

[Tim555]

First of all your current visa is expired so you can not apply for CERTIFICATE OF APPROVAL OF MARRIAGE.

Thats not true .You can apply for COA with visa without visa or even if your passport empty witout any visas(under EU law of human rights),althougth certain points must be met.

Explain? Anyone can apply for any visa/CoA under any status, 100% refusal but u can apply...

So why?

GOOD ONE

I AGREE..

[ld10]

I AGREE.. [/quote]

Well,you understand just what you want to understand,sooner or later someone else will convince you.

[Tim555]

I AGREE..

Well,you understand just what you want to understand,sooner or later someone else will convince you.[/quote]

[Kitty]

Tim555, why don't you accept the words enlarged and bolded in ld10's earlier post? They come from the COA application guidance. They are also supported by the link I posted earlier on.

The old rules said that you had to have a visa as you describe in order to be eligible for a COA.

However, a series of Court cases means that people with less leave to remain, or even expired visa status, can now apply. In these cases, the Home Office requires extra information about the couple's relationship and will request an affidavit dealing with specific questions.

As Wanderer said, an applicant who is out of visa status may well be refused (as there is often reason to suspect that the marriage may be being contracted for convenience). A COA is also not a visa and may not even support an in-country application for further leave to remain: the vast majority of people who have expired visas and want to marry a UK partner (or someone with valid visa status) are best advised to leave the country, marry, and apply to re-enter.

But you are wrong to say that a person with an expired visa is automatically not eligible for a COA.

[immigrationuk2009]

Tim555, why don't you accept the words enlarged and bolded in ld10's earlier post? They come from the COA application guidance. They are also supported by the link I posted earlier on.

The old rules said that you had to have a visa as you describe in order to be eligible for a COA.

However, a series of Court cases means that people with less leave to remain, or even expired visa status, can now apply. In these cases, the Home Office requires extra information about the couple's relationship and will request an affidavit dealing with specific questions.

As Wanderer said, an applicant who is out of visa status may well be refused (as there is often reason to suspect that the marriage may be being contracted for convenience). A COA is also not a visa and may not even support an in-country application for further leave to remain: the vast majority of people who have expired visas and want to marry a UK partner (or someone with valid visa status) are best advised to leave the country, marry, and apply to re-enter.

But you are wrong to say that a person with an
expired visa is automatically not eligible for a COA.

What is the main point? He has little chance for spouse visa inside Uk.This whole question was not weatehr he woudl get COA or not.
Question is he would get spouse visa or not.Simple answer is NO.

UK_Banned_Member

[ld10]

Tim555, why don't you accept the words enlarged and bolded in ld10's earlier post? They come from the COA application guidance. They are also supported by the link I posted earlier on.

The old rules said that you had to have a visa as you describe in order to be eligible for a COA.

However, a series of Court cases means that people with less leave to remain, or even expired visa status, can now apply. In these cases, the Home Office requires extra information about the couple's relationship and will request an affidavit dealing with specific questions.

As Wanderer said, an applicant who is out of visa status may well be refused (as there is often reason to suspect that the marriage may be being contracted for convenience). A COA is also not a visa and may not even support an in-country application for further leave to remain: the vast majority of people who have expired visas and want to marry a UK partner (or someone with valid visa status) are best advised to leave the country, marry, and apply to re-enter.

But you are wrong to say that a person with an
expired visa is automatically not eligible for a COA.

What is the main point? He has little chance for spouse visa inside Uk.This whole question was not weatehr he woudl get COA or not.
Question is he would get spouse visa or not.Simple answer is NO.

UK_Banned_Member

Yes autor of post might have very little chances,main point is that illegal entrants or overstayers can apply coa than spouse visa,ofcause it will be considered very carefully by HO but you still can do it under EU law.

here is some more information

3.2 Surinder Singh cases
•
Successful non-EEA national family member applicants are issued with a residence card, valid for 5 years.
•
The British spouse/family member is not issued with a registration certificate.
•
A non-EEA national family member issued with an EEA family permit (in accordance with SURINDER SINGH criteria) would not then qualify for leave to remain in the UK under the immigration rules, as s/he would not have valid leave in the UK at the time of application. S/he should instead be issued with a residence card (as highlighted in the first bullet point).
•
The non-EEA national family member may qualify for permanent residence after 5 years.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

5.2.1 Issuing a Residence Card to an illegal entrant
If it is decided that an illegal entrant has acquired a right of residence under EC law, a Residence Card should be issued.It is important to notify IS that a Residence Card has been issued, as any reporting instructions etc will have to be cancelled.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

However, a marriage involving an illegal entrant and an EEA national may still take place, and be regarded as legally valid, if it is a religious marriage conducted by the Church of England or where a Certificate of Approval has been granted.
Should an illegal entrant marry or enter into a civil partnership with an EEA national they will gain a right of residence under EC law as the spouse or civil partner of an EEA national provided the EEA national is residing in the UK in accordance with the EEA Regulations (and would therefore be entitled to a residence card).

thats it.

[Tim555]

Tim555, why don't you accept the words enlarged and bolded in ld10's earlier post? They come from the COA application guidance. They are also supported by the link I posted earlier on.

The old rules said that you had to have a visa as you describe in order to be eligible for a COA.

However, a series of Court cases means that people with less leave to remain, or even expired visa status, can now apply. In these cases, the Home Office requires extra information about the couple's relationship and will request an affidavit dealing with specific questions.

As Wanderer said, an applicant who is out of visa status may well be refused (as there is often reason to suspect that the marriage may be being contracted for convenience). A COA is also not a visa and may not even support an in-country application for further leave to remain: the vast majority of people who have expired visas and want to marry a UK partner (or someone with valid visa status) are best advised to leave the country, marry, and apply to re-enter.

But you are wrong to say that a person with an
expired visa is automatically not eligible for a COA.

What is the main point? He has little chance for spouse visa inside Uk.This whole question was not weatehr he woudl get COA or not.
Question is he would get spouse visa or not.Simple answer is NO.

UK_Banned_Member

Well Said

[Kitty]

What is the main point? He has little chance for spouse visa inside Uk.This whole question was not weatehr he woudl get COA or not.
Question is he would get spouse visa or not.Simple answer is NO.

UK_Banned_Member

Well, my main point has been that everyone seems to be assuming that the OP is an overstayer. We really don't have enough information about the OP's situation to know if that is the case or not. And Tim555 appeared to be making the point that people with less than 3 months left on their visas are not eligible even to apply for a COA.

If he wants to get married in the UK and he has Section 3C protection then there is no harm in applying for a COA (i.e. if he has extended permission to be here then the COA application won't send the UKBA to his door).

If his PSW appeal is successful, he could then switch to spouse status, as long as the leave granted to him as a student, and the PSW leave add up to more that 6 months.

As I did say in an earlier post, if his PSW appeal fails, then he will have to leave the country and make his arrangements from elsewhere.

I understand the issues of practicality but I think the Section 3C issue is an important one, and might be useful to other people reading the thread whose appeals are on more straightforward grounds.