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VISA extension?

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imperan
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VISA extension?

Post by imperan » Sat Nov 25, 2006 3:17 am

Can anyone help? Me and my partner who is Brazilian, who has a student
visa which expires on 30/11/2006, have just received our COA to get
'registered' as civil partners. the problem is, even if we do this
tomoow. The earliest we can get 'registered' be the middle of December.
By then, his visa would have expired and bascially become an
overstayer. So today, I called the Home Office Immigration Advice
Bureau for clarification. They told me that he would need to have his
visa extended, which I imagined he needed to, but they could not advise
me as to under what catergory/type of visa he needs. And I was given
the immigration advisory service number to call to find out myseld. Is
that not unbelievable? I was not able to get a strainght answer from
the people that police the law?

I am a British/Italian national, is there anything under the EU treaty that can help? Or he has not choise but to return to Brazil? I do not want to spend Christmas alone!!! :(


Thanks to all... Regards

imperan
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Post by imperan » Sat Nov 25, 2006 3:42 am

BTW... he is only an English student and finished his course in August. had 2 extension as a student already. I don't think he would get another extension as a student.

ppron747
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Post by ppron747 » Sat Nov 25, 2006 11:22 am

Sorry to say it it, but I think that the Home Office was correct to give you IAS's phone number. I have a sinking feeling that the reason HO couldn't advise what category of extension your other half needs is that there isn't one.

Even if we could somehow rerun things so that the COA was issued earlier, and you had just got back from the registry office having registered your civil partnership, your other half would still be needing to return to Brazil in order to apply for a visa...

The only difference would be that he would be applying as your civil partner, rather than as your proposed civil partner, which is what he needs to do now. But the basic requirements as to support, accommodation, genuineness of the relationship, are the same, whether he's a civil partner or a proposed civil partner. The requirements are here, on the UKVisas website.

I don't know whether you have followed the saga of the COA but, basically, when they were introduced, it was intended that they would only be issued for people who were in the UK for a medium to long term stay - the applicant had to have been admitted for more than six months (which ruled out visitors), and had to have more than three months left on their visa. I think this meant that, in many cases, applicants would be able to "switch" visa categories following their wedding or civil partnership registration, or, if this was not possible, at least they would be able to live together as man and wife or as registered partners for a decent length of time before leaving the country to make a spouse or civil partner visa application.

The COA regulations were challenged in court and the initial result of the case was that people whose applications met the original requirements still had their applications granted, but people whose applications would have fallen to be refused were "deferred" until HO decided what to do. From what I can gather, they have now taken the policy decision to grant many applications that would have been refused under the original rules, even when that decision to grant is of no practical use to the applicant. From the Home Office's viewpoint, this means that even though the COA doesn't, in many cases, allow the applicant to stay any longer than they would have been able to anyway, at least it prevents anyone from taking HO back into court over the COA regulations.

Anyway, that's a bit of background, and I'm sorry to say I think that that is what has happened in your case. The Home Office has taken the "easy" way out (from their point of view) and left you with a COA that is of no practical use except as a means to increase their bank balance.

Really sorry to be the bearer of bad news - and I hope someone will come along and offer an alternative - but my only suggestion is that your other half returns to Brazil ASAP and puts in a "proposed civil partner" visa application....
|| paul R.I.P, January, 2007
Want a 2nd opinion? One will be along shortly....

imperan
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Post by imperan » Sat Nov 25, 2006 3:14 pm

Thank you for for your advice. I think this is pretty much what we will do. I rather follow the procedure properly then regreting not having done it later. However we are going to give notice to the registrar office next week. Then my partner will return to Brazil to get a proper visa to come back for the ceremony This is obviuoly not ideal as a it will cost a lot but hey, what other choice do we have. We were very naive not to do pur home work before otherwise we would have done this months ago. But you live and learn.

Could you or anyone advise me taht once we are registered as 'civil partners', would be it better if I apply an EEA/EU family permit since I also have Italian Passport or whatever visa as a partner of a british Citizen? I know one advantage is the the EU/EEA permit would be free of charge. Assuming I can exercise my right as an EU citizen even though I am British as well.


Many thanks again,


David

ppron747
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Post by ppron747 » Sat Nov 25, 2006 3:24 pm

To be honest, I'm not sure whether a dual British/EU national can go down the "EU route" when you're already living in UK, but I would suggest that it's not necessarily a good thing anyway, in these circumstances....

It's true that the EU Family Permit is free of charge, but the regular "Immigration Rules" route offers indefinite leave to remain after only two years in UK - then naturalisation (if he wants it) after a further year. With a Family Permit it would take five years to get permanent residence.

Up to you, but I think many people would prefer the quicker resolution offered by the "Rules" route...
|| paul R.I.P, January, 2007
Want a 2nd opinion? One will be along shortly....

imperan
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Post by imperan » Sat Nov 25, 2006 7:52 pm

Hi Paul,

in reference to the 3 months limit of the COA. Indeed we were not aware of that before we applied. However when I went to HO website. The court case was mentioned. We submittd the form with 2 and half months' left on my partner's visa. 3 weeks later we recieved a letter from the HO saying that in view of the recent court case. They needed extra information and list about 30 items to send in to support the application. And if we did not send them in. they would consider the case based soley on the info given on the application forms. We sent in several items which were relavant to us like photos, correspondences (who writes letters these days) etc.. received the COA 3 weeks later, all in all it had taken almost 7 weeks. By then we received the COA which as you said pratically no use. At least for the time being.

One interesting point on the letter was that we must answer the letter within 2 weeks from the date of the letter. But the letter actually arrives 7 days later. So I wrote to them to tell them thtat the 2 weeks' time limit should start from the day i received the letter. I even sent them the copy from the envolope with the date it was franked.

Are they cheeky!!!


regards

ppron747
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Post by ppron747 » Sat Nov 25, 2006 8:19 pm

I think my beef with the way IND deal with COA is that (unless they've changed the page since I last looked a couple of weeks ago) it doesn't say in clear terms that the COA only helps you get married or "partnered" - it doesn't mean that, having gone through the ceremony, you can automatically get permission to stay. And people do - I think, understandably - get the wrong impression.

Speaking of which, you've said that the COA was of practically no use - "At least for the time being." Sorry, but it's actually of no use at all. When your other half gets back from Brazil with his proposed civil partner visa in his hand, he won't need the COA - COAs are only for people who enter the country without the intention of getting married/"partnered", who then decide to do so.

People on fiancé or proposed civil partner visas are coming for the specific intention of getting married or "partnered" and approval to do so is implicit in the visa, without the need for a COA.

That's why I'm so irritated by the whole thing - people are spending good money on something that, depending on their timing, can be just plain useless...

I'll get down off my soapbox now!

all the best
|| paul R.I.P, January, 2007
Want a 2nd opinion? One will be along shortly....

imperan
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Post by imperan » Mon Nov 27, 2006 12:19 am

Hi Paul,

Now i see what you mean about the COA is pratically useless. And I just find tou the cost of a Settlement Visa (I think that's what it's called now I guess) is another £380. They are trying to milk it isn't it? I don't rerally see the point now for them to give us a COA but yet do not allow us to get 'partnered' during it's validity. I suppose my partner a tleast can profve to the Consulate in Rio that we have already serve our notice to get registered as 'civil partners'. Whether it actually makes any difference or not. Only time will tell. I seem to think the the Home Office prefers to get anyone out of the country first before they are allowed to apply for anything. I see this as some kind of "voluntary deportation" which costs them nothing?

Regards

ppron747
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Post by ppron747 » Mon Nov 27, 2006 12:25 am

Good luck - and let us know the end of the story - a happy ending, I hope....

atb
|| paul R.I.P, January, 2007
Want a 2nd opinion? One will be along shortly....

imperan
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Post by imperan » Thu Nov 30, 2006 12:23 am

Hi Paul,

sure will keep you guys updated. He has paccked his bags and we are going to the registrar office tomorrow to serve the notice of intention to be 'partnered'. He will then fly straight to Rio to hand his application in for a settlement visa. keep our fingers crossed.

regards

imperan
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Post by imperan » Fri Feb 09, 2007 2:24 am

Hi Paul,

I am gald to say that he is back in the UK now at last!!! He left London on 30 Nov last year on the last day of his visa. Went to the British Consulate in Rio on the 5th Dec. Handed his application in and was told that it probably would take 3-4 weeks as it was not very busy. The new year came, still no news. Made several enquiries to the oconsulate and was told that it was 'in prgress'. Received a phone call from the Consulate on Friday, 26th Jan to go to the consulate on Monday to collect his passport. When he got there. He was asked what was he doing there. He explained that he was told to go there. After 40 minutes his passport appeared and with his 'marriage visa' valids for 6 months. He came back last week and we are not going to wates any time this time.

Thanks to all you guys for your help and advice. Let's see what obstacle we will face when we apply for the next visa!!!

Cheers to all..

Rogerio
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Post by Rogerio » Fri Feb 09, 2007 9:20 am

Imperan,

Glad to see things are working out for both of you - best of luck in the next stages.

Rogerio

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