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OUT OF RULES APPLICATION

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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kingkhan
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Posts: 31
Joined: Mon Aug 09, 2010 6:35 pm

OUT OF RULES APPLICATION

Post by kingkhan » Sun Aug 15, 2010 5:14 pm

hi there does anyone know about out of rules application and in what circumtances you can make one??

ElenaW
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Location: Back and forth between California and Norwich :D

Re: OUT OF RULES APPLICATION

Post by ElenaW » Sun Aug 15, 2010 5:30 pm

kingkhan wrote:hi there does anyone know about out of rules application and in what circumtances you can make one??
Give us a bit of your background and we'll let you know if you can/should make an app outside of the rules.

kingkhan
Newbie
Posts: 31
Joined: Mon Aug 09, 2010 6:35 pm

Re: OUT OF RULES APPLICATION

Post by kingkhan » Sun Aug 15, 2010 5:59 pm

ElenaW wrote:
kingkhan wrote:hi there does anyone know about out of rules application and in what circumtances you can make one??
Give us a bit of your background and we'll let you know if you can/should make an app outside of the rules.
iam just thinking because i have applied for COA and if does come on time before my visa expires would i be able to ask for couple of moths extension out of rule to get marrid and apply for FLR(M).

Kitty
Senior Member
Posts: 706
Joined: Wed Jan 17, 2007 10:54 am
Location: Southampton, UK

Post by Kitty » Sun Aug 15, 2010 6:13 pm

Just on those facts, no. The options are to leave the country and apply for a fiancé visa, or leave, marry and apply for a spouse visa.

kingkhan
Newbie
Posts: 31
Joined: Mon Aug 09, 2010 6:35 pm

Post by kingkhan » Sun Aug 15, 2010 6:16 pm

Kitty wrote:Just on those facts, no. The options are to leave the country and apply for a fiancé visa, or leave, marry and apply for a spouse visa.
but leaving this country will mean i wont be able to marry her at all as my family wants me get marrid to one of my cousin and its home ofiices fault if we cant get marrid on time because court has already declared COA against human rights anyway.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Sun Aug 15, 2010 6:46 pm

kingkhan wrote:
Kitty wrote:Just on those facts, no. The options are to leave the country and apply for a fiancé visa, or leave, marry and apply for a spouse visa.
but leaving this country will mean i wont be able to marry her at all as my family wants me get marrid to one of my cousin and its home ofiices fault if we cant get marrid on time because court has already declared COA against human rights anyway.
Your family issues are of no concern to Home Office, I'm afraid, why blame the Home office when it's your family's outdated beliefs that are the issue?

Ask about your human right to chose your spouse back home before bleating at the Home Office.
An chéad stad eile Stáisiún Uí Chonghaile....

kingkhan
Newbie
Posts: 31
Joined: Mon Aug 09, 2010 6:35 pm

Post by kingkhan » Sun Aug 15, 2010 6:49 pm

Wanderer wrote:
kingkhan wrote:
Kitty wrote:Just on those facts, no. The options are to leave the country and apply for a fiancé visa, or leave, marry and apply for a spouse visa.
but leaving this country will mean i wont be able to marry her at all as my family wants me get marrid to one of my cousin and its home ofiices fault if we cant get marrid on time because court has already declared COA against human rights anyway.
Your family issues are of no concern to Home Office, I'm afraid, why blame the Home office when it's your family's outdated beliefs that are the issue?

Ask about your human right to chose your spouse back home before bleating at the Home Office.
@Wanderer..r u representing HO here???

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Sun Aug 15, 2010 6:51 pm

kingkhan wrote:
Wanderer wrote:
kingkhan wrote:
Kitty wrote:Just on those facts, no. The options are to leave the country and apply for a fiancé visa, or leave, marry and apply for a spouse visa.
but leaving this country will mean i wont be able to marry her at all as my family wants me get marrid to one of my cousin and its home ofiices fault if we cant get marrid on time because court has already declared COA against human rights anyway.
Your family issues are of no concern to Home Office, I'm afraid, why blame the Home office when it's your family's outdated beliefs that are the issue?

Ask about your human right to chose your spouse back home before bleating at the Home Office.
@Wanderer..r u representing HO here???
No, just fair play.
An chéad stad eile Stáisiún Uí Chonghaile....

kingkhan
Newbie
Posts: 31
Joined: Mon Aug 09, 2010 6:35 pm

Post by kingkhan » Sun Aug 15, 2010 6:53 pm

Wanderer wrote:
kingkhan wrote:
Wanderer wrote:
kingkhan wrote:
but leaving this country will mean i wont be able to marry her at all as my family wants me get marrid to one of my cousin and its home ofiices fault if we cant get marrid on time because court has already declared COA against human rights anyway.
Your family issues are of no concern to Home Office, I'm afraid, why blame the Home office when it's your family's outdated beliefs that are the issue?

Ask about your human right to chose your spouse back home before bleating at the Home Office.
@Wanderer..r u representing HO here???
No, just fair play.
think about it home office has decided to abolish COA.if COA wasnt here would i be facing this problem..ans is no i would go staright to registry and get our marriage done.

ElenaW
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Location: Back and forth between California and Norwich :D

Post by ElenaW » Sun Aug 15, 2010 7:20 pm

Right, you absolutely have no case here. Firstly, there have been a lot of cases much worse than yours made outside of the rules that were unsuccesful. Secondly, you should have sent your COA application sooner if you knew your visa would expire. Thirdly, contrary to what you think, the home office is not trying to withold your right to marry. They just haven't gotten to your application yet (most likely). Also, if your family tells you to marry someone, can you not just refuse? Do they literally physically force you to marry someone you don't want to? If they don't and are just mad at you for not doing as they say, does it matter? You'll be going to join your fiancee in britain anyways and will be far away from them shortly.

alikhan28
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Re: OUT OF RULES APPLICATION

Post by alikhan28 » Sun Aug 15, 2010 10:47 pm

kingkhan wrote:
ElenaW wrote:
kingkhan wrote:hi there does anyone know about out of rules application and in what circumtances you can make one??
Give us a bit of your background and we'll let you know if you can/should make an app outside of the rules.
iam just thinking because i have applied for COA and if does come on time before my visa expires would i be able to ask for couple of moths extension out of rule to get marrid and apply for FLR(M).
Not possible.This is not called out of rule application.

What visa you have?

Ali

geriatrix
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Location: does it matter?
United Kingdom

Post by geriatrix » Mon Aug 16, 2010 2:05 am

Problem with making multiple posts ... the background of the case being discussed is dispersed in different topics! And people willing to respond to queries need to ask the same questions time and again!

Having read through some topics posted by OP, he/she is on Tier 1 (PSW) visa expiring on 3rd Oct.. Applied for CoA three months before the visa expiry date and no decision has been made till date. Moreover, the person OP is intending to marry was in marital relationship - which no longer exists - but has not received a decree absolute yet and therefore the same has not been forwarded to UKBA (only decree nisi has been submitted with CoA application). Since current leave expires on Oct. 3rd and with no possibility of extending it (PSW), OP is seeking suggestions on how to get married if the CoA is not issued before the expiry of his/her current leave.


My two cents -
1. Decree nisi is not a legally binding document and hence not an acceptable documentary evidence to prove dissolution of marriage. So CoA may be refused if the application gets to a caseworker before the decree absolute does.
2. If one can get married in an Anglican Church without converting to the Anglican faith, that's the only option you have got to get married in the UK (without a CoA).
3. No basis for any application outside of immigration rules.

And, please don't use UKBA as an excuse for your errors and your inability to confront your family's opinion(s) on the matter (your marriage/relationship). It is okay for you to blame UKBA for trumping your human rights but what about the family who's forcing you to marry against your will? Isn't that against your human rights?


regards

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon Aug 16, 2010 2:25 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ElenaW
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Posts: 1525
Joined: Wed Oct 07, 2009 11:14 am
Location: Back and forth between California and Norwich :D

Post by ElenaW » Mon Aug 16, 2010 11:13 am

sushdmehta wrote:
My two cents -
1. Decree nisi is not a legally binding document and hence not an acceptable documentary evidence to prove dissolution of marriage. So CoA may be refused if the application gets to a caseworker before the decree absolute does.
2. If one can get married in an Anglican Church without converting to the Anglican faith, that's the only option you have got to get married in the UK (without a CoA).
3. No basis for any application outside of immigration rules.

And, please don't use UKBA as an excuse for your errors and your inability to confront your family's opinion(s) on the matter (your marriage/relationship). It is okay for you to blame UKBA for trumping your human rights but what about the family who's forcing you to marry against your will? Isn't that against your human rights?


regards
Very well put. I'm with you 100%.

OP, you should probably request your documents back and make other arrangements now.

pennylessinindia
Senior Member
Posts: 565
Joined: Sun Aug 20, 2006 6:39 pm

Post by pennylessinindia » Mon Aug 16, 2010 1:44 pm

ElenaW wrote:
sushdmehta wrote:
My two cents -
1. Decree nisi is not a legally binding document and hence not an acceptable documentary evidence to prove dissolution of marriage. So CoA may be refused if the application gets to a caseworker before the decree absolute does.
2. If one can get married in an Anglican Church without converting to the Anglican faith, that's the only option you have got to get married in the UK (without a CoA).
3. No basis for any application outside of immigration rules.

And, please don't use UKBA as an excuse for your errors and your inability to confront your family's opinion(s) on the matter (your marriage/relationship). It is okay for you to blame UKBA for trumping your human rights but what about the family who's forcing you to marry against your will? Isn't that against your human rights?


regards
Very well put. I'm with you 100%.

OP, you should probably request your documents back and make other arrangements now.
You can not marry your cousin in the Anglican church!!
pennyless

ElenaW
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Posts: 1525
Joined: Wed Oct 07, 2009 11:14 am
Location: Back and forth between California and Norwich :D

Post by ElenaW » Mon Aug 16, 2010 2:14 pm

pennylessinindia wrote:
You can not marry your cousin in the Anglican church!!
He's not trying to marry his cousin!!!!

alikhan28
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Joined: Wed Jul 28, 2010 5:05 pm

Post by alikhan28 » Mon Aug 16, 2010 2:31 pm

sushdmehta wrote:Problem with making multiple posts ... the background of the case being discussed is dispersed in different topics! And people willing to respond to queries need to ask the same questions time and again!

Having read through some topics posted by OP, he/she is on Tier 1 (PSW) visa expiring on 3rd Oct.. Applied for CoA three months before the visa expiry date and no decision has been made till date. Moreover, the person OP is intending to marry was in marital relationship - which no longer exists - but has not received a decree absolute yet and therefore the same has not been forwarded to UKBA (only decree nisi has been submitted with CoA application). Since current leave expires on Oct. 3rd and with no possibility of extending it (PSW), OP is seeking suggestions on how to get married if the CoA is not issued before the expiry of his/her current leave.


My two cents -
1. Decree nisi is not a legally binding document and hence not an acceptable documentary evidence to prove dissolution of marriage. So CoA may be refused if the application gets to a caseworker before the decree absolute does.
2. If one can get married in an Anglican Church without converting to the Anglican faith, that's the only option you have got to get married in the UK (without a CoA).
3. No basis for any application outside of immigration rules.

And, please don't use UKBA as an excuse for your errors and your inability to confront your family's opinion(s) on the matter (your marriage/relationship). It is okay for you to blame UKBA for trumping your human rights but what about the family who's forcing you to marry against your will? Isn't that against your human rights?


regards
Good explanation.

Ali

pennylessinindia
Senior Member
Posts: 565
Joined: Sun Aug 20, 2006 6:39 pm

Post by pennylessinindia » Mon Aug 16, 2010 3:59 pm

ElenaW wrote:
pennylessinindia wrote:
You can not marry your cousin in the Anglican church!!
He's not trying to marry his cousin!!!!

Well he was suggesting this earlier
"but leaving this country will mean i wont be able to marry her at all as my family wants me get marrid to one of my cousin and its home ofiices fault if we cant get marrid on time because court has already declared COA against human rights anyway."

OK I get it he does not want to marry his cousin silly old me
pennyless

ElenaW
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Posts: 1525
Joined: Wed Oct 07, 2009 11:14 am
Location: Back and forth between California and Norwich :D

Post by ElenaW » Mon Aug 16, 2010 4:28 pm

pennylessinindia wrote:
ElenaW wrote:
pennylessinindia wrote:
You can not marry your cousin in the Anglican church!!
He's not trying to marry his cousin!!!!

Well he was suggesting this earlier
"but leaving this country will mean i wont be able to marry her at all as my family wants me get marrid to one of my cousin and its home ofiices fault if we cant get marrid on time because court has already declared COA against human rights anyway."

OK I get it he does not want to marry his cousin silly old me
Lol, it's okay. I mis-read all the time.

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