Dan_groom,
I understand that although her passport states she can stay here for another 2 years on WP status, that is now null and void because she's no longer working? Also, I heard that she had 28 days to leave the country or find another job after she left her WP employment. We live together and share rent and bills. She's living off her savings to pay her part of the bills etc but we're getting increasingly worried about the fact that she shouldn't be here in the first place.
Legally you can remain in the UK until the Home Office notify you in writing that you depart the UK or change status - they give you 28 days to do this. The HO will know about the job loss if the employer informs them or if the former employee applies for a new visa be it based on a fresh WP, HSMP, student etc. Due to bureacracy the HO will take several weeks (8+) to write to you where they have your leaving details from the employer. A concern is this letter may have been sent to your g/f address on the HO file and she may be an overstayer.
As they don't stamp her passport on the way out of the UK, they won't know when she left? Am I correct.
The IO at the South African Port of Entry e.g Joburg will place an admission stamp. The ECO can deduce from the admission stamps in her ppt that she has been outside SA and matched to the one on SA entry that your g/f was in the UK.
If we then get married in SA in August whilst on holiday there, we can apply for her spousal visa at the High Commission in South Africa etc and she can hopefully come back over with me.
Yes if you satisfy the ECO that she meets the requirements of the immigration rules. The ECO will primarily focus on the can 'maintain' and 'accomodate' without recourse to public funds so get your bank statements, payslips, stocks, ISA's etc and mortgage deeds/ tenancy agreements ready.
Based on the above I have a couple of questions:
1) the fact that we get married so soon after her visa became invalidated, wouldn't that raise eybrows with the officers at the High Commission in South Africa? Surely if they see we have tenancy agreements together and live together and pay half bills etc, that we only went back to SA to get married so she can stay in the country? I suppose the honest answer to the question "did you get married to stay in the country" would be YES. However it will also be YES to the question of "Are you in a serious relationship and intend to live together forever".
If the immigration rules are met then the burden of proof is on the ECO to show that you do not intend to live together as man and wife - pretty hard burden to discharge because it must be beyond doubt as opposed to the balance of probabilities. That you have lived together doesn't make it easier for the ECO so I don't see this being an issue. You may wish to see various responses on the same issue by myself and others in posts on this forum to 'Ge' who is undergoing a settlement application in the Phillipines.
2) If asked by the Entry Clearance officer, when should she say she arrived in SA? Wouldn't her "overstaying" her 28 days jeopordise the issual of her spousal visa?
It is always best to be truthful in an immigration application. The overstay would not prejudice issuance of the spousal visa because it is in a category leading to settlement(CLS). Overstays affect applicants who were admitted into the UK in a non CLS visa e.g. visitor because they failed to meet the requirement of leaving the UK before their visa expired - there is thus clear evidence that they may do this again.
3) As there will only be a handful of people at the ceremony, will this be an issue for the ECO?
Nope.
Sorry about all the questions. I can't bear the stress. As a Brit I'm not used to dealing with visa issues or stress about immigration but I seem to be doing it for both of us at the moment. Its not a marriage of convenience in that we want to pull a sham. We are truly in a relationship.
Not many Brits appreciate the agony of resolving one's visa status in the UK - too much adverse publicity focusing on asylum seekers etc which 'sells' papers as opposed to the mess at the HO where applications can pend for years. You would be shocked to know the government has sneaked in amendments to the latest immigration bill requiring marriages where there is a 'foreign'/ non EEA national to be sanctioned by both the Home Office and the Marriage Registrar - to rub salt the aplicants have to pay two sets of 'processing' fees which are as yet not set.
Any ideas or offers of help ! ?
Given the 'secrecy' approach and that you believe the relationship to be strong enough for marriage it is IMHO better to wed in the UK. You must both give notice in person at the local registrar and then wait for 15 days to marry. After the marriage go to a Public Enquiry Office (Croydon would be best if you are near enough) and submit an application in respect of your wife for a variation of leave to remain in the UK as the spouse of a person present and settled in the UK - Form FLR(M) with supporting documentation. If all the paperwork is in order the HO will grant the visa on the day (you will have to pay GBP250). This is a two year visa and is now called a 'UK Residence Permit' with a photo of mrs groom on it. It allows her to remain in the UK and to work without needing a work permit.
It is better to marry in the UK on cost grounds as well as from a legal perspective - spouses of British Citizens can invoke the Human Rights Act which is useful in immigration applications. It also removes the bureacracy involved with marriage (residence requirements) in SA and visa application - potential interviews, having to book an appointment etc. You can then concentrate on enjoying the wonderful scenery (think of it as a honeymoon) and of course the other wedding.
Good Luck, congrats in advance and best wishes for the future.
