Certificate of Approval - student visa expired

[goldenkey]

Hi, I hope someone could bring some light into this matter for me. Things are getting abit more complicated for me:

I am foreign national living in UK. My visa has now expired and I know it is wrong that I am only taking action now but I had no hope in the past and now I do.

So, I have been living with my partner (British citizen) for 2 years and we believe we are ready to get married now (if someone wondering why only now, I am deeply religious)

First problem we might have is that my partner is legally still married to another woman but did not live with her for 3 years now. They are in the process of divorce and after he divorced we plan to marry 6 weeks later.

Would this cause any problems with UKBA when applying for marriage visa? Also as I overstayed my student visa, will I have any problems getting Certificate of Approval?

Any suggestion are much appreciated. Any question , pls contact me.

[Wanderer]

You do know what the CoA will not remove the need to for you return home and apply for the spouse visa there? There's no way of avoiding that.

And the CoA is used by UKBA to locate and perform Wedding Day removals as we've seen on UK Border Force on Sky One.

[alikhan28]

Hi

Would this cause any problems with UKBA when applying for marriage visa?

Indeed Yes.
You would be simply refused with no right of appeal as yours visa is expired.

Also as I overstayed my student visa, will I have any problems getting Certificate of Approval?

Yes.It can alert home office and they would love to visit you.

So quickest option would be apply for spouse visa from oversea with good documents.Under immigration concession,yours overstay would not be a problem.


Ali

[ajmal]

Hi, I hope someone could bring some light into this matter for me. Things are getting abit more complicated for me:

I am foreign national living in UK. My visa has now expired and I know it is wrong that I am only taking action now but I had no hope in the past and now I do.

So, I have been living with my partner (British citizen) for 2 years and we believe we are ready to get married now (if someone wondering why only now, I am deeply religious)

First problem we might have is that my partner is legally still married to another woman but did not live with her for 3 years now. They are in the process of divorce and after he divorced we plan to marry 6 weeks later.

Would this cause any problems with UKBA when applying for marriage visa? Also as I overstayed my student visa, will I have any problems getting Certificate of Approval?

Any suggestion are much appreciated. Any question , pls contact me.

Yes you can apply COA but before that now file Out of time immigration rules application to home office under article 8 that you and your partner living together for 2 years so give you indefinate leave to remain

[alikhan28]

Hi

Yes you can apply COA but before that now file Out of time immigration rules application to home office under article 8 that you and your partner living together for 2 years so give you indefinate leave to remain

How he can get ILR as he was not on spouse visa?

Direct ILR?

How ignorant?

He can try to file for DL on human rights artile8 but this is very difficult.Home can refuse without right to appeal saying you and yours partner can stay in yours country.If they have any kids then they have good chance for DL.

Ali

[Wanderer]

Hi, I hope someone could bring some light into this matter for me. Things are getting abit more complicated for me:

I am foreign national living in UK. My visa has now expired and I know it is wrong that I am only taking action now but I had no hope in the past and now I do.

So, I have been living with my partner (British citizen) for 2 years and we believe we are ready to get married now (if someone wondering why only now, I am deeply religious)

First problem we might have is that my partner is legally still married to another woman but did not live with her for 3 years now. They are in the process of divorce and after he divorced we plan to marry 6 weeks later.

Would this cause any problems with UKBA when applying for marriage visa? Also as I overstayed my student visa, will I have any problems getting Certificate of Approval?

Any suggestion are much appreciated. Any question , pls contact me.

Yes you can apply COA but before that now file Out of time immigration rules application to home office under article 8 that you and your partner living together for 2 years so give you indefinate leave to remain

No chance of that, maybe if an older child in the family but still a long shot even then.

Please watch out for the Art. 8'ers, they give you false hope. If you want the sugar-coated pill, fine, take it. I prefer the truth. Art 8 is for those without any choice due to circumstance, you have choices, apply properly from ur home country or go and live in ur home country together. See, choices. That will be the UKBA stance.

[alikhan28]

Hi

No chance of that, maybe if an older child in the family but still a long shot even then.

Yes good advice.

Please watch out for the Art. 8'ers, they give you false hope. If you want the sugar-coated pill, fine, take it. I prefer the truth. Art 8 is for those without any choice due to circumstance, you have choices, apply properly from ur home country or go and live in ur home country together. See, choices. That will be the UKBA stance.

Well said.


Ali

[ElenaW]

OP, why did you wait until your student visa expired?

I agree with the rest, you have no case for article 8.

[Casa]

I always find it odd when people use strict religious reasons for not marrying but don't have a problem 'living together' while one is still married to someone else.

[ElenaW]

I always find it odd when people use strict religious reasons for not marrying but don't have a problem 'living together' while one is still married to someone else.

Good point lol.

[elv15]

People who are saying OP has no case with article 8, how do you know when OP has not said where he/she is from?

[alikhan28]

People who are saying OP has no case with article 8, how do you know when OP has not said where he/she is from?

Unless he is from Zimbabwe or country where there is risk of like he has no chance on artile8.

He can try if he likes.


Ali