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Certificate of Approval and passport return

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MATTRISHMA
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Posts: 2
Joined: Mon Jul 12, 2010 5:02 pm

Certificate of Approval and passport return

Post by MATTRISHMA » Mon Jul 12, 2010 5:37 pm

I am a british citizen living in the UK. I met my Indian fiancee over a year ago while she was visiting the UK on a visitors visa. We decided we wanted to marry in january and found out that if we didn't intend to marry in a church we would have to get a certificate of approval. We applied for this on the 31st march well within the 3 months that it said she had to have left on her visa. It said on the border agency website that COAs take between 20-70 working days, it is now 75 working days since we applied. During that time they wrote to us asking us to provide photos, emails and a written affidavit signed by a solicitor, to prove our relationship was genuine. They also returned my passport at the same time, but kept hers. We promptly did all of this within 3 days, and posted it back to them. We've heard nothing since.
On the 24th June we requested my fiancees passport to be returned as her visa runs out very soon and she must travel home. We were told it takes 10days to return it, and still we are waiting. we call them everyday asking for it and all they say is that they can put in another application for its return and we should just wait for it to arrive. Shouldn't she be allowed to have her passport back if she wants it ASAP?
We are both just sitting waiting everyday, worrying all the time about whether its coming. Are we just supposed to sit and wait indefinitely as she drifts into being an illegal immigrant??? There is no one to talk to or get any straight answers from and they are so rude when we ask about it.

Aside from the return of the passport, should a COA take this long, and what possible problems could there be for the reason we haven't got it yet??
All we are is a genuine couple who fell in love and just want to be together and be happy for the rest of our lives. Is it all supposed to be this stressful just because we are from different countries???

ajmal
Member
Posts: 135
Joined: Tue Sep 29, 2009 11:40 pm

Re: Certificate of Approval and passport return

Post by ajmal » Mon Jul 12, 2010 6:03 pm

MATTRISHMA wrote:I am a british citizen living in the UK. I met my Indian fiancee over a year ago while she was visiting the UK on a visitors visa. We decided we wanted to marry in january and found out that if we didn't intend to marry in a church we would have to get a certificate of approval. We applied for this on the 31st march well within the 3 months that it said she had to have left on her visa. It said on the border agency website that COAs take between 20-70 working days, it is now 75 working days since we applied. During that time they wrote to us asking us to provide photos, emails and a written affidavit signed by a solicitor, to prove our relationship was genuine. They also returned my passport at the same time, but kept hers. We promptly did all of this within 3 days, and posted it back to them. We've heard nothing since.
On the 24th June we requested my fiancees passport to be returned as her visa runs out very soon and she must travel home. We were told it takes 10days to return it, and still we are waiting. we call them everyday asking for it and all they say is that they can put in another application for its return and we should just wait for it to arrive. Shouldn't she be allowed to have her passport back if she wants it ASAP?
We are both just sitting waiting everyday, worrying all the time about whether its coming. Are we just supposed to sit and wait indefinitely as she drifts into being an illegal immigrant??? There is no one to talk to or get any straight answers from and they are so rude when we ask about it.

Aside from the return of the passport, should a COA take this long, and what possible problems could there be for the reason we haven't got it yet??
All we are is a genuine couple who fell in love and just want to be together and be happy for the rest of our lives. Is it all supposed to be this stressful just because we are from different countries???


Why you are in hurry to get her passport back? her case is not straight forward it will take atleast 3 months to get approval. Home office will give you passport back without COA approval certificate and then she has to go back and apply from India either fiance visa or you have to go back to India to get married over there and then apply for her spouse visa from India

MATTRISHMA
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Posts: 2
Joined: Mon Jul 12, 2010 5:02 pm

Post by MATTRISHMA » Mon Jul 12, 2010 6:22 pm

She has to leave because her current visa expires on 17th july.
The home office has said that return of the passport doesn't affect the COA application because it's not an application for a visa. If the application was for a work permit etc, it would be withdrawn.

ajmal
Member
Posts: 135
Joined: Tue Sep 29, 2009 11:40 pm

Post by ajmal » Mon Jul 12, 2010 6:51 pm

MATTRISHMA wrote:She has to leave because her current visa expires on 17th july.
The home office has said that return of the passport doesn't affect the COA application because it's not an application for a visa. If the application was for a work permit etc, it would be withdrawn.


For how long she is here on current visa? which type of visa she has 5 year multiple or other?

elv15
Member
Posts: 134
Joined: Mon May 10, 2010 1:37 pm

Post by elv15 » Tue Jul 13, 2010 9:37 pm

Ajmal what makes you say Op's application is not straight foward? Also requesting passports does not affect the COA application,
Op what visa does your partner hold? You say you met when she was on visitor visa over a year ago, so assuming she returned to home country and came again on a different visa, did she mention that she was in a relationship with you when she applied for the current visa she holds? Did you make a copy of the application forms you sent for COA, if yes have a look through them again. Surely there must be a reason for the HO asking for affidavits, because i know a lot of people including my self who applied at the same time as you and got our COAs within 8 weeks and never asked for affidavits. Does your partner have any negetive immigration history?
Check out the link below.

http://www.immigrationboards.com/viewto ... hlight=coa
Please note that what i post is only a personal opinion. Im no expert lol.

unknown
Newbie
Posts: 33
Joined: Sat Jul 17, 2010 11:51 pm
Location: Birmingham

Post by unknown » Mon Aug 02, 2010 11:22 pm

hello there

i have got the same problem. i applied for COA in september 2009. they asked for affidavit, photos etcc in October 2009 and still waiting for COA till today lolzzzzzzzzz. also it would be important to note that u need COA to register a marriage in UK. u dont need a COA if ur outside UK. it is for the people to apply who or under immigration control!!!

turmans
Newly Registered
Posts: 1
Joined: Fri Aug 13, 2010 9:00 pm
Location: Ukraine

Post by turmans » Fri Aug 13, 2010 9:20 pm

can anyone please give me the phone number needed to request the return of my passport from COA ? thanx in advance

unknown
Newbie
Posts: 33
Joined: Sat Jul 17, 2010 11:51 pm
Location: Birmingham

Post by unknown » Sun Aug 15, 2010 12:47 am

0870 606 7766

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

Post by kingkhan » Tue Aug 24, 2010 5:40 pm

unknown wrote:hello there

i have got the same problem. i applied for COA in september 2009. they asked for affidavit, photos etcc in October 2009 and still waiting for COA till today lolzzzzzzzzz. also it would be important to note that u need COA to register a marriage in UK. u dont need a COA if ur outside UK. it is for the people to apply who or under immigration control!!!
can u tell me hw much visa did u hav when u applied for COA

unknown
Newbie
Posts: 33
Joined: Sat Jul 17, 2010 11:51 pm
Location: Birmingham

Post by unknown » Wed Aug 25, 2010 7:23 pm

im in uk for 8 years .my case is still pending n now its in the legacy backlog quoe.hope it will get a decesion soon but i applied for coa in sep 2009 last year n still waiting for the cedrtificate.

smith_smith
Newly Registered
Posts: 1
Joined: Wed Oct 13, 2010 8:31 pm

i have a question i hope someone can help me in this!

Post by smith_smith » Wed Oct 13, 2010 8:44 pm

Hi
im on student visa and my visa is expiring in 20days
my faincee is from europe and we decided to get marry but we didnt apply for the marrige approval yet.
can any one tell me if i can applymarrige approval? and if i do.... then as they take more then 20 day and sometimes few months to reply...
so will i be still ligel when my case is under process? i really need help in this.
i will be thankful if somebody could give me the correct information. ASAP

looking forword to hear from you guys.

Regards

Mr Rusty
Diamond Member
Posts: 1041
Joined: Fri Nov 09, 2007 1:09 pm

Re: i have a question i hope someone can help me in this!

Post by Mr Rusty » Thu Oct 14, 2010 7:23 am

smith_smith wrote:
can any one tell me if i can applymarrige approval? and if i do.... then as they take more then 20 day and sometimes few months to reply...
so will i be still ligel when my case is under process?

Regards
If your visa expires in 20 days you must either leave the UK, or submit another application for Leave to Remain before expiry. Applying for a Certificate of Approval for marriage is not an application for LTR and does not give you any right to stay whilst it is being decided.
There's no point in applying for a CoA now. If you can't successfully apply for further Leave to Remain as a student or whatever, the CoA won't be of any use to you, and if you can get FLTR, the CoA requirement is going to be abolished in a few months' time.

everyday_4_u
Member
Posts: 127
Joined: Sun Feb 07, 2010 8:45 am
Contact:

Post by everyday_4_u » Mon Nov 08, 2010 12:47 am

Hi. I was on Student Visa but in start of this year i applied to switch my visa to Tier1 (General) on 28th January 2010. My Current Student visa was expiring on 30th September 2010. After long wait for 9 months on October 22, my Tier1 refused with right of appeal. So now i am on appeal status. I only want to ask, can i appy for COP while on appeal status to get married with british women? Or can i apply for COP after my appeal disapproved just in case? What should i do legally to extend my stay here in order to get marry?? Please help....Thanks...

COP is going to abloish soon but i do not know when?

avjones
Diamond Member
Posts: 1568
Joined: Wed May 16, 2007 6:43 pm
Location: London
United Kingdom

Post by avjones » Mon Nov 08, 2010 1:26 am

everyday_4_u wrote:So now i am on appeal status. I only want to ask, can i appy for COP while on appeal status to get married with british women?
Only one marriage at once. No polygamy allowed.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

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