requesting information and options regarding spouse visa UK

[Esoteric]

Hi everyone, thank you for taking the time to read this post.

I am a UK national and my partner is Philipino.

My situation is that my current partner was living and working in the UK for two years before she met me on a dependents visa which ended around 2 months ago. She failed to get it this time around possibly due to changes in the law and possibly due to a dodgy solicitor. She didn't appeal through fear of deportation.

We have been living together for 5 months now.

We were expecting a baby at the time so we thought that we would wait until she was due and then get married so we would have more chance of her staying however the baby didn't develop and she miscarried.

I'm thinking to get married in a church of England church as I have read that we wont need to apply for a COA (Certification of Approval)

We are very serious about staying together and if it came to it I would move to the Philipines although I've been told that it would be hard for me to work there.

If anyone can tell us what our options and chances are of marrying and staying in the UK are I would really appreciate it. Also will we need to get married and then live together for two years before I apply for a spouse visa? It all seems quite confusing at this point.

[Lucapooka]

Dependant visa to whom? Is she actually free to marry? If she is then you may do so but she would then be required to leave the UK and apply for settlement from her home country. Her current overstay may not be an issue wrt this application so long as she has not aggravated this with other activity that is not permitted.

[Esoteric]

Dependant visa to whom? Is she actually free to marry? If she is then you may do so but she would then be required to leave the UK and apply for settlement from her home country. Her current overstay may not be an issue wrt this application so long as she has not aggravated this with other activity that is not permitted.

She originally came over after her at the time partner (not husband), they broke up and he left but she managed to stay on afterwards, I don't know how the solicitor arranged it.

Why would she have to leave and come back? wouldn't she be less likely to be allowed back and also what activities are also not permitted?

[Lucapooka]

Your original post indicated she was an overstayer because her previous leave had expired. Your answer is not really helpful. Saying she originally came over with her partner and she managed to stay but you don't know how her solicitor managed this, is totally vague. If she has valid leave to remain in the UK she would not need to return to her home country to apply for settlement but that is not entirely clear.
So, what was her immigration status (type and category) when she arrived and what is her immigration status (if any) now? Without this we can't really give you any tips on how to proceed.

[Esoteric]

Your original post indicated she was an overstayer because her previous leave had expired. Your answer is not really helpful. Saying she originally came over with her partner and she managed to stay but you don't know how her solicitor managed this, is totally vague. If she has valid leave to remain in the UK she would not need to return to her home country to apply for settlement but that is not entirely clear.
So, what was her immigration status (type and category) when she arrived and what is her immigration status (if any) now? Without this we can't really give you any tips on how to proceed.

Just to clarify she doesn't have leave to stay at the moment.

Can anyone else clarify whats already been said? Id like to get a few opinions if possible.

Thanks to luca for the info so far will definitely keep it in mind.