Advice Needed Urgently

[luke707]

Hi

I am wondering if someone would be able offer me some info and advice?

My girlfriend came her to study and was granted a UK student visa. After graduating she was then granted an extention for 2 years (I think it was 2 years) to allow her to work here. Her visa expires in September 2010.

We intend to get married soon but I am worried that we have run out of time in being able to get approved for a spouses visa.

From what I have read online I think we need to do the following:

1. Apply for a Certificate of Approval.

2. Get married if COA approved!

3. Apply for visa to be turned into spouses visa.

I read on several visa help sites that she needs to have 6 months remaining on her visa to apply for a spouse visa. Is that correct? By the time we get the COA and get married, I am worried we would have run out of time.

Can someone please help?

Also, is it worth paying a company to help speed the spouse application along? They seem expensive, but again, I'm worried we are running out of time and that if we get married she may have to go back home.

[7by7]

The three steps as you list them are almost correct; except that there are four steps!

1) Apply for certificate of approval.

2) If approved, give notice of your marriage at a designated registry office (See here).

3) Marry.

4) Apply for settlement.

As far as I am aware, she does not need to have at least 6 months remaining on her visa after the marriage in order to convert her current visa to settlement, but I stand to be corrected on this.

One thing is clear, if she does not get the CoA and you have not married when her current visa expires, then she will need to leave the UK; unless she can get an extension in another category.

The application for the CoA and to convert her current visa to settlement will each take as long as it takes. There is nothing any commercial company can do to speed the process up. Save your money.

[luke707]

Thank you fr the informative and speedy response!

I guess we have 6 months to play around with here and if we take our time in gathering all the relevant documents for submission for each step and make sure we've not missed anything out then that will speed the application side of things.

On the CoA side of things, do you think our circumstances (as detailed below) would give a favourable outcome (based on previous posts on here)?

I am 25, she is almost 24.

We have been together for about a year and a half and met at work.

Both in full time employment which more than covers bills, rent etc.

Both have a reasonable amount of savings.

She rents a flat, I stay there but am not on the lease or utility bills (I will be in the future).

No kids.

[ryan2032]

Hi Luke, I am in the same situation as you but we are just about to send off my wife's marriage visa application.

I think what your talking about is people can only change there visa if they were granted a 6 month or longer visa in the first place. My wife got one with 3 months left.

We applied for a COA like you, gave notice to get married and got married last month. My wife only has 3 weeks on her visa but the form says the application needs to be sent anytime before her visa runs out. She is also on a student visa.

Your circumstances are better than mine and my wife's so i personally reckon your have no problem getting a COA, but thats just my opinion. We are just abit older, i work full time, her part time, we live together, have no savings but we earn enough to pay everything.

[luke707]

Hi Ryan, thanks for the info.

That's quite reassuring to know all that.

I think we will start getting the CoA application off now.

Good luck with your application! Hope it all goes as planned.

[dowman73]

Thank you fr the informative and speedy response!

I guess we have 6 months to play around with here and if we take our time in gathering all the relevant documents for submission for each step and make sure we've not missed anything out then that will speed the application side of things.

On the CoA side of things, do you think our circumstances (as detailed below) would give a favourable outcome (based on previous posts on here)?

I am 25, she is almost 24.

We have been together for about a year and a half and met at work.

Both in full time employment which more than covers bills, rent etc.

Both have a reasonable amount of savings.

She rents a flat, I stay there but am not on the lease or utility bills (I will be in the future).

No kids.

One thing to bear in mind is after you get appoved for the COA is approved you have to wait 28 days before you can get married in a registry office ( that's what I was told last year by Barnet Regustry office) so make sure you have enough time left on her visa.

[ryan2032]

When we got our COA, we booked up to give notice of marriage straight away, this was at a registry office, when we was there and all was ok we booked up the wedding and just had to wait for the 15days to pass.

[dowman73]

When we got our COA, we booked up to give notice of marriage straight away, this was at a registry office, when we was there and all was ok we booked up the wedding and just had to wait for the 15days to pass.

sorry did not mean to give wrong information it was what i was told by the registry office when i was applying last year, in the end other things happened and my wife had to go to back to thailand and we never needed to book.

If you have 6 months left I would apply as soon as you can so that it gives you enough time in case you need to provide more info, or other things go wrong (all of our information was stolen in the post), you sound like you have enough of a good case to be granted.

good luck and keep us informed on how you get on.

[luke707]

Hi, me again

We are sending our COA app today! I have a couple of other questions to ask.

Question 1

Once we have sent off the COA app (assuming it gets approved) we then have to:

1) Contact our nearest registry office to arrange a date then

2) Give notice of marriage and wait 15 days (or do we do this when we give notice?)

3) Get married

Is that correct?

Question 2

Assuming that all goes to plan, she can then apply for settlement. Questions about settlement:

1) We are going to get my name added to bills, council tax etc, will this help our case?

2) Does anyone know of any success stories for Albanians? (my fiance is Albanian)

3) Will it matter that I have only been added to bills etc only recently?

4) We have been together for over a year and a half, how cna I prove that? Witness statements?

Thanks!

[ryan2032]

Answer to your first question is you can only give notice to marry with a approved COA.

Edited May 15, 2010 by 7by7
Unnecessary quote removed.

[ryan2032]

When my wife sent off for a marriage visa we sent our tenancy agreement with both our names on (bills included), both our bank statements for the last 3 months. Both wage slips for the last 3 months. Apart from the obvious like ID, Marriage Certificate etc thats all she sent and she got her visa.

Edited May 15, 2010 by 7by7
Unnecessary quotes removed

[7by7]

Luke,

Answers to you first question can be found at How do I give notice to marry or register a civil partnership with a registrar? and Marriage and civil partnership: your legal obligations.

As your fiance is subject to immigration control, you will need to give notice at a designated office. All registration offices in Scotland and Northern Ireland are designated offices and 76 offices in England and Wales are designated, see list.

For your second question:-

1) Wont hurt, and will be needed when she comes to apply for indefinite leave to remain in 2 years time.

2) Her nationality is irrelevant.

3) Not at this time, but see Q1 above.

4) Letters addressed to one or other of you at that address, mobile bill, etc. Not essential at this stage, but will be in 2 years time; see Q1 above.