can home office deport me before assessing COA

[lsz]

hi guys new i am new to the forum and would firstly like to thank the organizers of this forum for a VERY helpful site .

Now my issue i background info : i came from Zimbabwe on a student visa and successfully extended it (and i completed my courses in computers)from 2001-2005. unfortunately in may 2005 i was offered a place to study nursing at University of Hertfordshire ,i actually had paid for first months student accommodation and received my room number etc ,anyway at the last minute they withdrew my offer to study because one of my colleges had not given them a reference and they did not give me an opportunity to explain and so i found myself with a visa expiring in a month , and no time to apply at other institutions .I have been an over stayer ever since due to the fear of going back home on an expired visa . the govt assumes anyone returning on an expired visa to be an opposition member .

During this time i met my girlfriend from Slovakia and we have been together since,jun 2005 to the present day and we decided to get married last Christmas but did not stand a chance due to the rules on certificate of approvals since i am an over stayer but these rules have recently changed . Now my main question is if i apply for the COA can the home office delay my application so that they can get time to deport me or will they give me a fair chance ,we have all the evidence that we have lived together for the last two years . please help really confused and sorry for the long post any advice help appreciated .

[Wanderer]

Basically as you have no valid leave to remain you cannot regualrise your status without returning home so the CoA think is a waste of time and money.

But the situation in Zim might change that for you- maybe they will let you switch in-country to an EEA Family Permit. I dunno so wait for others.

[mym]

Now my main question is if i apply for the COA can the home office delay my application so that they can get time to deport me or will they give me a fair chance

A COA is not connected to immigration, it does not itself give any right to stay in the UK.

Given your circumstances, I'd get a lawyer if I were you.

[lsz]

thank you for the reply guys , i will just clarify what me and wanted to do is to get married here ,then go back and apply for the family permit from Zimbabwe after the ceremony , i only say this because i read that the home office lost a court case and now have to consider me for the COA , not the family permit , just the COA and the right to marry , thank you once again people or do you guys think it will be wiser to just go to Zimbabwe(we are both nervous about this but if it is quicker then we will give it a try if it means we can legally be together without fearing every door knock.But our main fear was that the home office would deliberately deport me first so they don have to deal with my COA application thanx

[VictoriaS]

Zimbabwean nationals are not being removed at the moment, so don't worry about that. In your situation it could take months to get the COA though, so you might want to consider returning if you are sure that a spousal or fiance visa would be successful.

Victoria

[Administrator]

.

I might have this wrong, but I suspect your attempt to come (or stay) directly into the UK is not the best, most assured method.

Consider:

You want to stay in the UK.

You will do this by marriage.

Not to a British citizen, but to a Slovak citizen.

Therefore, the UK will not be issuing you a visa; you will be getting your authority to come to the UK via another route.


Other folks, step in if this is completely wrong, but I think it will work this way:

Isz will get married to his girlfriend. Maybe in Zimbabwe, maybe in Slovakia, possibly even somewhere else .. wherever is safest & easiest.

He will then apply for and receive his spouse visa via Slovakian immigration.

THEN he will apply for his EEA family visa that will grant him rights to travel (and work) with his EU citizen wife.

Since she has full rights to reside & work in the UK, this will be his mechanism to reside in the UK.


Being an overstayer for about two years is going to cause various headaches, but you should be able to get around them with this structure in place.

the Admin

[yankeegirl]

Isz will get married to his girlfriend. Maybe in Zimbabwe, maybe in Slovakia, possibly even somewhere else .. wherever is safest & easiest.

He will then apply for and receive his spouse visa via Slovakian immigration.

THEN he will apply for his EEA family visa that will grant him rights to travel (and work) with his EU citizen wife.

I'm not sure of the ins and outs of Slovakian immigration rules but if they were to go to Zimbabwe to marry, he could then immediately apply for the family permit from Zimbabwe. No need to go through Slovakia first.

[Administrator]

.

That's why I flagged it ....

I'm not certain how he can enter the EU/EEA. Can he do that on an EEA family permit without actually having a visa for a specific country?

Britain will allow him in on the EEA family permit, clearly.

But what visa will he be using to enter the EU? Will the EEA family permit be his visa?

the Admin

[VictoriaS]

Sorry, but Admin, you are completely wrong, and Yankee girl is right.

If the gentleman wants to come to the UK as the spouse of an EEA citizen it is a matter for him and the British consulate in Zimbabwe, where he will have to apply for entry clearance.

The Slovakian authorities have nothing to do with it.

Are there two Admin's operating this account? Sometimes 'The Admin' gives excellent advice, sometimes (as now) he speaks utter nonsense, and it's confusing!

Victoria

[lsz]

thank you for reply guys i will keep you posted on what steps i take so others can learn from my experience