what next after COA

[Lost in England]

hello my partner is an over stayer, however he has just been granted a COA.
I am 6 months pregnant and would prefer now to get married once the baby is born. I know we have a year to get married from when we register the marriage at the registry office.

My question is can we crack on with the next part of the process to ensure my partner can stay here in Britain with me before we actually get married?

Thanks.

PS: what are our next steps?

[ElenaW]

hello my partner is an over stayer, however he has just been granted a COA.
I am 6 months pregnant and would prefer now to get married once the baby is born. I know we have a year to get married from when we register the marriage at the registry office.

My question is can we crack on with the next part of the process to ensure my partner can stay here in Britain with me before we actually get married?

Thanks.

PS: what are our next steps?

No you can't. You need to marry and then make sure he goes to his country and applies for a spousal visa.

[Lost in England]

Thanks ElenaW for your quick response

However the home office has kept his passport with no explanation as to why! So going back would be difficult, but to be honest ideally we did not want to go down that route.

What would happen if we apply for a spouse visa from this country? The enclosed documentation with the COA is suggesting we fill out form EEA2 for a residence card.

[MPH80]

EEA2 would be appropriate if you are from another european country or have exercised your treaty rights in another country.

Have you asked the Home Office why they have kept the passport?

[Greenie]

what is your status in the UK? What country is your husband from and how long has he overstayed for? What was his previous status in the UK? How long have you been together. Do you have any other children?


If you answer these questions then people might be able to give you some further advice.

Finally they have probably kept the passport as he is an overstayer and if they want to they could try to remove him from the country.

[Lost in England]

what is your status in the UK? What country is your husband from and how long has he overstayed for? What was his previous status in the UK? How long have you been together. Do you have any other children?


If you answer these questions then people might be able to give you some further advice.

Finally they have probably kept the passport as he is an overstayer and if they want to they could try to remove him from the country.

Greenie thanks for the tip.
I am a British Citizen, my partner is of Indian nationality and he has over stayed for just under 13 years. He entered the UK on a 1 month visa ( I think it was a tourist one).

Neither of us do not have any other children. We have been together for around 15 months and we had a Indian religious ceremony 7 months ago. We have also lived together since then.

We have not asked the HO why they have kept the passport yet.

Thanks again

[elv15]

hello my partner is an over stayer, however he has just been granted a COA.
I am 6 months pregnant and would prefer now to get married once the baby is born. I know we have a year to get married from when we register the marriage at the registry office.

My question is can we crack on with the next part of the process to ensure my partner can stay here in Britain with me before we actually get married?

Thanks.

PS: what are our next steps?

No you can't. You need to marry and then make sure he goes to his country and applies for a spousal visa.

Elena why do you rush to suggest people to return to their country to apply when you dont know the full details of the OP? What if the OPs partner was from Somalia and they have 5 kids here?

[Brown212]

hello my partner is an over stayer, however he has just been granted a COA.
I am 6 months pregnant and would prefer now to get married once the baby is born. I know we have a year to get married from when we register the marriage at the registry office.

My question is can we crack on with the next part of the process to ensure my partner can stay here in Britain with me before we actually get married?

Thanks.

PS: what are our next steps?

No you can't. You need to marry and then make sure he goes to his country and applies for a spousal visa.

Elena why do you rush to suggest people to return to their country to apply when you dont know the full details of the OP? What if the OPs partner was from Somalia and they have 5 kids here?

I agree with you, if the OP has a child together that is now of school age they can successfully apply for DLR basically if the child is 4 to 5 years, a friend of mine from Ghana was recently granted DLR, he is an over stayer for 7years, he is with a British partner with a 5yr old child.

[ElenaW]

Elena why do you rush to suggest people to return to their country to apply when you dont know the full details of the OP? What if the OPs partner was from Somalia and they have 5 kids here?

Because that usually isn't the case! Usually the person just fears going back and applying using the easiest/quickest method available.

[HRY2005]

Elena why do you rush to suggest people to return to their country to apply when you dont know the full details of the OP? What if the OPs partner was from Somalia and they have 5 kids here?

Because that usually isn't the case! Usually the person just fears going back and applying using the easiest/quickest method available.

Its the ''easiest/quickest method available'' and could be the worst experience of your life if you dont do your home work or proper assessment of your case before jumping on the plane.

When you say ''you must make sure he goes to his country'' without having a 100% knowledge of the case, thats a quick conclusion in my opinion.

Some people even take it personal, I remember someone told me that ''you must go home like the rest of us''.

[mochyn]

Elena why do you rush to suggest people to return to their country to apply when you dont know the full details of the OP? What if the OPs partner was from Somalia and they have 5 kids here?

Because that usually isn't the case! Usually the person just fears going back and applying using the easiest/quickest method available.

When people post on this forum they each have different circumstances and the opinion given by Elena is the one that most would advise not knowing the unique circumstances of the case.
Sometimes we look for answers that we want to see and turn a blind eye to those we don't.
Easiest and quickest way of getting a spousal visa is ALWAYS to return to home country

[ElenaW]

When people post on this forum they each have different circumstances and the opinion given by Elena is the one that most would advise not knowing the unique circumstances of the case.
Sometimes we look for answers that we want to see and turn a blind eye to those we don't.
Easiest and quickest way of getting a spousal visa is ALWAYS to return to home country

Thank you for backing me up. I completely agree. I can't think of any case except where it's genuinely dangerous for the applicant to return, in which it's better to stay back in Britain and legalize status here. If people try to stick it out in the uk and try based on article 8 and such, it will take years to hear back and if the case isn't strong, they'll just get a refusal anyways. I'd use the short cut personally.

[HRY2005]

When people post on this forum they each have different circumstances and the opinion given by Elena is the one that most would advise not knowing the unique circumstances of the case.
Sometimes we look for answers that we want to see and turn a blind eye to those we don't.
Easiest and quickest way of getting a spousal visa is ALWAYS to return to home country

Thank you for backing me up. I completely agree. I can't think of any case except where it's genuinely dangerous for the applicant to return, in which it's better to stay back in Britain and legalize status here. If people try to stick it out in the uk and try based on article 8 and such, it will take years to hear back and if the case isn't strong, they'll just get a refusal anyways. I'd use the short cut personally.

is the one that most would advise not knowing the unique circumstances of the case.

Many people like the mods ask more questions when they dont know the full circumstances of a case, rather than make quick conclusions

Sometimes we look for answers that we want to see and turn a blind eye to those we don't.

Let's be objective.

I can't think of any case except where it's genuinely dangerous for the applicant to return

What about those that could fall under 320(11)???

As I always agree with the idea of going home to apply for a spouse visa, I will always disagree with people that says everybody should go home no matter what their case(I have done that a few times with Mochyn).

We have seen or heard about many successful stories of applicants who went home, a lot on this forum as well. At the same time, there are lots of people that never return or returned after 2 years of separation with their families(article 8 would have been a better idea in such cases).

I personally posted my friend's story on this forum, I raised my concern and warned him as well before he left(based on the facts of his case). he was refused on 320(11), they told him nothing in English law would stop his wife from relocating and live with him in Africa.

Many relationships might not survive such separation, if carelessly handled. I still dont disagree with going home, I agree and know its the quickest and easiest way but individual applicant need to assess their chances based on the facts of their cases before doing it. Dont get it wrong, I personally know a few people who went home and got their visas in 3- 6 weeks, one is my own good friend.

I also think it's wrong and misleading to say all article 8's are ''thy kingdom come''. While article 8 is not a quick way out, we have seen a lot where applicants got their leaves within one year(apart from personal experiences, I have examples on this forum but nobody would talk about about them).

To tell anyone to ''make sure they go home'', you need to have the full details of their case. At the end of the day, its only my opinion. People should think deeply and make decisions based on the facts of their cases and a legal expert's advice(You and your family's future may depend on those decisions)

[mochyn]

The big problem about posting on this forum is that one does not know the whole facts, only what is presented by the OP.
We are not privy to the whole history as is the ECO who bases his decision on facts.
Sometimes people are not willing to share the whole story for some reasons be it embarrassment, criminal activities but those who have done nothing illegal have nothing to fear from the immigration services and they are there to help not to hinder.
Most people as Elena has said do not return home for fear that they cannot return which is most unlikely under a spousal visa.
A spousal visa gives one the right to work which the long wait under Discretionary Leave to remain or Article 8 application does not.
There are two camps on this forums, one that says ''go home'' and one that says ''stay''
It then becomes an individual choice and one, be it right or wrong, you have to live with

[HRY2005]

I agree with you on that Mochyn. Majority of posters would always say go home no matter what. I have gained a lot of knowledge through this forum and I honestly appreciate every bit of it, especially when a simple advice from John the mod. went a long way in solving a big problem in my situation. Thats the kind of advice that people should receive. John asked me more questions and he offered a spot on advice when he got the full details of my situation.

Despite posting the obstacles that stops me from going home in my case, some people took it personal and said '' you just have to go home like the rest of us''. I belong to the ''go home'' camp but would tell people to think twice, seek legal help or stay if there case could fall under 320(11), like I warned my mate.

What I also disagree with is how people talk about DL and article 8 application like it never solve any problem, its a never ending application that would take 3 years before you even hear anything from the HO(thats misleading, as I have pointed out earlier).

Article 8 is not the best way out, it takes a lot longer than returning home for a spouse visa, but could keep a family together in the UK when a case is complicated and not so straight forward and could face the risk of 320(11).

[Lost in England]

Thanks everyone for your help.

I have an appointment booked with a solicitor next week, i shall keep you all informed.

[elv15]

When people post on this forum they each have different circumstances and the opinion given by Elena is the one that most would advise not knowing the unique circumstances of the case.
Sometimes we look for answers that we want to see and turn a blind eye to those we don't.
Easiest and quickest way of getting a spousal visa is ALWAYS to return to home country

Thank you for backing me up. I completely agree. I can't think of any case except where it's genuinely dangerous for the applicant to return, in which it's better to stay back in Britain and legalize status here. If people try to stick it out in the uk and try based on article 8 and such, it will take years to hear back and if the case isn't strong, they'll just get a refusal anyways. I'd use the short cut personally.

is the one that most would advise not knowing the unique circumstances of the case.

Many people like the mods ask more questions when they dont know the full circumstances of a case, rather than make quick conclusions

Sometimes we look for answers that we want to see and turn a blind eye to those we don't.

Let's be objective.

I can't think of any case except where it's genuinely dangerous for the applicant to return

What about those that could fall under 320(11)???

As I always agree with the idea of going home to apply for a spouse visa, I will always disagree with people that says everybody should go home no matter what their case(I have done that a few times with Mochyn).

We have seen or heard about many successful stories of applicants who went home, a lot on this forum as well. At the same time, there are lots of people that never return or returned after 2 years of separation with their families(article 8 would have been a better idea in such cases).

I personally posted my friend's story on this forum, I raised my concern and warned him as well before he left(based on the facts of his case). he was refused on 320(11), they told him nothing in English law would stop his wife from relocating and live with him in Africa.

Many relationships might not survive such separation, if carelessly handled. I still dont disagree with going home, I agree and know its the quickest and easiest way but individual applicant need to assess their chances based on the facts of their cases before doing it. Dont get it wrong, I personally know a few people who went home and got their visas in 3- 6 weeks, one is my own good friend.

I also think it's wrong and misleading to say all article 8's are ''thy kingdom come''. While article 8 is not a quick way out, we have seen a lot where applicants got their leaves within one year(apart from personal experiences, I have examples on this forum but nobody would talk about about them).

To tell anyone to ''make sure they go home'', you need to have the full details of their case. At the end of the day, its only my opinion. People should think deeply and make decisions based on the facts of their cases and a legal expert's advice(You and your family's future may depend on those decisions)

Well said HRY2005. Your posts on this issue always make sense.