COA - Affidavits - Entry Clearance - Help Please

[Dude09]

We have applied for a CoA at the beginning of August 09. We just received a letter requesting that we both send an affidavits.

The problem is that my visa is running out in 2 weeks and overstaying is not an option for me.

We decided that it is best for me to return home and apply for an Entry Clearance to register a civil partnership.

1. Should I still bother sending the affidavits for the CoA, in case it may interfere when applying for the Entry Clearance from home?

2. Does the Entry Clearance mean the same as the CoA, so we won't have to reapply for it once I am back?

3. Do we still have to go for the interview if I come back into the UK with an Entry Clearance?

Guys thanks so much for all the posts ... you don't know how many lives you are saving!

keep it up!

V

[ginoT]

when did you apply for the COA? (in reference to the expiration of your visa).

Also why don't you want to midly overstay? If you get your COA in a couple of weeks after submitting the affidavits you have 28 days of grace left after your visa expires to get married and submit the FLR(M) application.

If you are sure you don't want to overstay and apply from here, my answers to your questions:

1 - write to the HO and withdraw your COA application
2 - not sure. entry clearance on a civil partnership from abroad costs big money and you probably have to apply for a COA and FLR(M) anyway after. not worth it my opinion
3 - interview? you might have one abroad when apply for the civil partnership.

tbh, if you want to get married, then get married. If you try and "work the system" then the HO/consulate might use it against you in any fresh applications. Book your civil wedding now at the town hall now (to give notice & get married) and time it so that any FLR(M) application is made within the 28 days after your visa expires

Also when sending back the affidavits write an additional letter saying that you wish to marry immediately and submit your FLR(M) application within your current visa - or better still include it in both affidavits. This will help you if things get complicated after

[keshgrover]

when did you apply for the COA? (in reference to the expiration of your visa).

Also why don't you want to midly overstay? If you get your COA in a couple of weeks after submitting the affidavits you have 28 days of grace left after your visa expires to get married and submit the FLR(M) application.

If you are sure you don't want to overstay and apply from here, my answers to your questions:

1 - write to the HO and withdraw your COA application
2 - not sure. entry clearance on a civil partnership from abroad costs big money and you probably have to apply for a COA and FLR(M) anyway after. not worth it my opinion
3 - interview? you might have one abroad when apply for the civil partnership.

tbh, if you want to get married, then get married. If you try and "work the system" then the HO/consulate might use it against you in any fresh applications. Book your civil wedding now at the town hall now (to give notice & get married) and time it so that any FLR(M) application is made within the 28 days after your visa expires

Also when sending back the affidavits write an additional letter saying that you wish to marry immediately and submit your FLR(M) application within your current visa - or better still include it in both affidavits. This will help you if things get complicated after

ginoT,

How sure you are about grace period of 28 days? Could you kindly give me the HO link to justify this please.

Many thanks.

[ginoT]

http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

having said that, I know of cases where they have a refused applications a few days late.

[keshgrover]

http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

Rule 320 (7B) is applicable:

Grounds on which entry clearance or leave to enter the United Kingdom is to be refused
.....
(7B) subject to paragraph 320(7C), where the applicant has previously breached the UK's immigration laws by:

(a) Overstaying;
....
unless the applicant:
....
(i) Overstayed for 28 days or less and left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State;

That was handy. Thanks.

[ginoT]

sorry got our messages crossed. Just edited my prior post.

the 28 day thing is not complete tho - I know of people having been refused within this time!

Also note the rule is slightly ambiguous as it says overstayed for 28 days or less and left the UK voluntarily

So back to my first question Dude09, when did you apply for the COA in relation to the expiry of your visa??

[Dude09]

[So back to my first question Dude09, when did you apply for the COA in relation to the expiry of your visa??]

Hi Gino

We applied for the CoA at the beggining of August (2 months and 2 wks before the expiry date) to only receive an affidavits request dated 22nd of September, and thanks to the current Royal Mail strike, only received it on 5th October.

Since my visa is expiring already on the 20th october, my partner and I thought it would be a best shot leaving and applying for the Entry Clearance. The HO requests the affidavits within 14 days to then carry on with the application. So even if we receive it within the next week or so, plus the pre wedding interview, I don't think I will have enough time.

I have been contacting the HO almost every week and found out from them that the EClearance is equivalent to the CoA, so once having that, we can go straight to the wedding.

Plus, if I overstay up to this so called Grace period and manage to get married, I would have to leave the country and apply for the FLR(M) anyway as one of the conditions to get teh FLR visa is to have a valid current visa before than.

We are going through a lot of trouble because of the delays and lack of information on the HO website.

Thanks a lot for the answers and if you find out anything else about the Entry clearance, comments are very welcome.
[/quote]

[Dude09]

[So back to my first question Dude09, when did you apply for the COA in relation to the expiry of your visa??]

Hi Gino

We applied for the CoA at the beggining of August to only receive an affidavits request dated 22nd of September, and thanks to the current Royal Mail strike, only received it on 5th October.

Since my visa is expiring already on the 20th october, my partner and I thought it would be a best shot leaving and applying for the Entry Clearance. The HO requests the affidavits within 14 days to then carry on with the application. So even if we receive it within the next week or so, plus the pre wedding interview, I don't think I will have enough time.

I have been contacting the HO almost every week and found out from them that the EClearance is equivalent to the CoA, so once having that, we can go straight to the wedding.

Plus, if I overstay up to this so called Grace period and manage to get married, I would have to leave the country and apply for the FLR(M) anyway as one of the conditions to get teh FLR visa is to have a valid current visa before than.

We are going through a lot of trouble because of the delays and lack of information on the HO website.

Thanks a lot for the answers and if you find out anything else about the Entry clearance, comments are very welcome.

[/quote]

[ginoT]

Your call, but since you applied for the COA close to 3 months before the end of your visa + since there are other mitigating factors (postal strike & Home Office delay), I would stay put in the UK and get married here, and then apply for the FLR(M) application here. It’ll be cheaper and it is fairest/most honest thing to do.

But the Home Office will likely reject the application and then you are in similar territory to me (with Judicial Reviews) etc. which could take up to year to resolve but I’m pretty sure you’ll get the visa in the end.

Cancelling the COA and applying from abroad is the easier/quicker option even if your application there is rejected (as you can appeal and will almost certainly get the visa after that)