Certificate Of Approval

[dowman73]

Hi I am new to this website and was hoping that someone might be able to give me some advice.

My fiancee is from Bangkok and has been in the Uk for 18 months (2 one year student visas) we met over a year ago and have now been living together for 8 months. I proposed to her yesterday on our one year anniversary and I am happy to say that she excepted. I have been looking online for help in what we now have to do to get married and have seen that we require a COA we I have downloaded the forms and filled everything in. I was wondering if anyone else has applied and what their experience was How long it took? Is there any interviews? Do they require any other paperwork, proof that we are a couple etc. I have put on the form that my fiancee will wish to stay in the UK afterwards and wondered if I will need a solicitor or if by just filling in forms by myself that it will go through the same way.

If there is anyone on here that could spend a little time by replying to this and giving me any kind of information/advice/or their experiences I would be truly grateful.

Thanking you in advance and I hope to hear back from someone soon as the pleasure of my engagement is dulled by my worry that I might mess it up by not having the correct advice.

kind regards

dowman73

[thucydides]

Submit the application with the fee and provided your fiancee has been issued leave to enter or remain for more than 6 months, 3 months of which has unexpired, it should be issued relatively quickly. If she has less than 3 months remaining she may be required to supply further information. Once married she should lodge her application for leave to remain as your spouse ( FLR (M) ) before her current leave expires. Leave to remain in this category will be for 24 months after which she can can then apply for indefinite leave to remain provided she has attained a sufficient knowledge of English and life in the UK.

[dowman73]

Thank you so much for your reply, I was just concerned that by not using a Visa specialist and filling in the forms by myself that I would jepordise our chances, may I ask whether you have gone through this process or just know how the system works? Do they ever turn down a COA when you put on the form that you intend to stay in the UK after the marriage?

[thucydides]

No, I haven't experienced the process personally.

The system is operated by the UK Border Agency within the provisions of the Immigration Act 1971 as amended. The practice is determined by the Immigration Rules which are clearly set out in their website. You will also find there a section setting out their policy guidelines which they take into account when deciding whether or not an application falls within the rules and meets the requirements.

I have assumed that you have already researched the requirements of the rules relating to spouse applications. These are clearly set out in Para 284 of the rules. Provided you and your fiancee meet these requirements you should have nothing to worry about.

It is not a basis for refusal to signal an intention to remain as your spouse in the application for a CoA. The rules are such that switching from one category to another is permitted provided a previous grant of leave to enter or remain was for a period exceeding 6 months. It is in the nature of the beast that those applying for a CoA inevitably progress to an application for LTR as a spouse.

Should you prefer legal representation then please ensure you instruct either a qualified solicitor or a recognised practitioner registered under the auspices of the OISC, the regulatory body responsible for those practising immigration work. A word of caution though when seeking help from OISC practitioners who are not legally qualified: to register and practise they only need to pay a fee and to have taken a relatively simple test in order to get themselves started at the entry level. Although they are required to work under the supervision of a mentor, many are inexperienced and relatively unskilled and so you should satisfy yourself that the company you propose instructing has demonstrable proven ability.

[Mossfinn]

A word of caution though when seeking help from OISC practitioners who are not legally qualified: to register and practise they only need to pay a fee and to have taken a relatively simple test in order to get themselves started at the entry level. Although they are required to work under the supervision of a mentor, many are inexperienced and relatively unskilled and so you should satisfy yourself that the company you propose instructing has demonstrable proven ability.

Is that right?

I often advise to use an OISC registered body, but what you say could be a little like asking someone to jump from the frying pan into the fire.

Perhaps I should adopt this qualifier with future related posts?

you should satisfy yourself that the company you propose instructing has demonstrable proven ability.

Moss

Edited November 4, 2008 by Mossfinn

[dowman73]

thank you once again for your reply, I feel much better about filling out the forms myself and just following the guidelines, I will post again when I get a response from the UK Border Agency.

[dowman73]

Hi again thanks for all you help in answering my question, a friend of my fiance has said that she will need to provide translated proof from thailand that she has no criminal record, has never been married, her birth certificate can anyone tell me if this is true and if so how we go about getting this information does anyone know where we get this done if there are any companies that do this, can she get this information whilst she is living here in london. Sorry if I sound nieve but this is obviously out of my comfort zone of knowledge and my girlfriends so if anyone has any information that could help us I would really appreciate it.

thanking you all in advance for reading this and for anyone who can offer me any advice.

[mariner29]

The Thai consulate in Hull do a translation service as for the guarantee she is single etc you have to return to the village to get this i believe. Have you not thought of just going to Thailand marrying and applying for a 2 year settlement visa ?

I'm aware £515 for the settlement visa plus air tickets etc and the marriage is around £100 including translations just a thought.

[Eff1n2ret]

Hi again thanks for all you help in answering my question, a friend of my fiance has said that she will need to provide translated proof from thailand that she has no criminal record, has never been married, her birth certificate can anyone tell me if this is true

If you read the requirements on the application form closely, they say this in Section 7:-

"Evidence that you are free to marry or enter into a civil partnership if you have been married or in a civil

partnership before." (and then similar for the sponsor (i.e. you)

If your fiancee or you have not been married before, you are not required to prove a negative. Obviously if either you or she make a false declaration in Section 5, then you could be prosecuted if the deception comes to light. Section 7 does not require your fiancee to produce her birth certificate, and you have to only if you do not have a passport.

Advice from one's Thai partner's "friends" is always to be treated with suspicion. Similarly, as thucydides has pointed out, enquiry into a solicitor's or OISC advisor's level of qualification and track record is advisable before instructing them.

[dowman73]

Hi again thanks for all you help in answering my question, a friend of my fiance has said that she will need to provide translated proof from thailand that she has no criminal record, has never been married, her birth certificate can anyone tell me if this is true

If you read the requirements on the application form closely, they say this in Section 7:-

"Evidence that you are free to marry or enter into a civil partnership if you have been married or in a civil

partnership before." (and then similar for the sponsor (i.e. you)

If your fiancee or you have not been married before, you are not required to prove a negative. Obviously if either you or she make a false declaration in Section 5, then you could be prosecuted if the deception comes to light. Section 7 does not require your fiancee to produce her birth certificate, and you have to only if you do not have a passport.

Advice from one's Thai partner's "friends" is always to be treated with suspicion. Similarly, as thucydides has pointed out, enquiry into a solicitor's or OISC advisor's level of qualification and track record is advisable before instructing them.

thankyou for advice i had read the form understood it as you have spelt it out, but doubt was put in my head when my partner came home after speaking with her aunt and her friend (both thai) saying that we needed all these extra forms in both thai and english. neither me or my partner have been married before and and i have both passport and birth certificate so i will be ok on that front.

thank all of you for you replies and advice there is nothing worse than doubting your initial instints but that always happens when someone questions you so thankyou for putting my mind at rest. I will let you know the results

[mariner29]

Good luck.