Need urgent opinion

[hamid84]

Hi,

My wife's student visa extension is pending in HO and we can not wait further so we have decided to apply for COA..

She is student and is subject to immigration control. I hold ILR.

We also have a baby.

My question is would be wise to apply for COA while another application is still pending and what are the chances of getting COA approved this way?

I have had enough of this wait.

[Obie]

Please see this response.

[hamid84]

I have gone throught all posts and found out that applicants had over stayed their visa however; in my case, application is STILL pending in HO.

COA requirement is that you must have 3 months valid visa before you can apply for it unless there are different circumstances ( In my case yes ).

[Rozen]

I have gone throught all posts and found out that applicants had over stayed their visa however; in my case, application is STILL pending in HO.

COA requirement is that you must have 3 months valid visa before you can apply for it unless there are different circumstances ( In my case yes ).

Haven't you kinda answered your own question? Go ahead and apply, then! Make reference to the student visa application which is still pending with HO, complete with reference numbers. Don't see why they should refuse it.

[Obie]

I have gone throught all posts and found out that applicants had over stayed their visa however; in my case, application is STILL pending in HO.

COA requirement is that you must have 3 months valid visa before you can apply for it unless there are different circumstances ( In my case yes ).

The three month leave is not an absolute requirement.

If you do not meet it, the Secretary of state will request further information, like whether or not you have a child together, evidence you live together ect to satisfy themselves that your marriage is not one of convenience.

I think the fact that you have a child is in itself sufficient to remove any doubt in their mind that yours is a marriage of convenience.

Read the guidance on the previous and you will see that you meet the requirement. You don't need to wait for the decision on her student visa application.

[hamid84]

Ok here is the complication or may be i am over estimating.

I got married ( Islamically ) in 2007 when i was on Asylum. My wife came as student.. We never married via COA due to my status so we decided to wait until i get ILR.

May 2008 we were blessed with son.

Nov 2008, i received my ILR.. Her student visa ran out in Jan 09 so we had very less time to act prompt.

She applied for extension and on the form we were advised not to mention about dependant ( Son ) she had.

I have been claiming Child Benefit, WTC and CTC on joint names and now HM Revenue guys have asked me to provide them additional info about her status and i worry that if i gave them my wife's HO ref now, they would enquire and it will open another door for HO and they could think.. Hang onn.... She has a baby??? When did she get married?? Blaa blaa blaaa

Also the college where she was is going under some investigation( Passport is still with HO ).


To get over all the problems, i can only think of applying for COA and then quickly get married.

If there is anything else we can add to it, please suggest.

Thanks

[Obie]

Mate why did you claim benefits for her?

Why didn't she inform the HO about the baby?

HO does NI checks to see whether student are working beyond 20hrs a week and if they realise she has been claiming benefit, it will have an effect on her application.

What is the immigration status of the child. Did you register him for british passport, or is he unknown to the Home Office.

[hamid84]

Baby is unknown to HO and does not hold any formal nationality yet. I need to register him as british child using MN01 form but for that i have to be married.

My mistake for never letting HO know about the baby and change of circumstances because i was scared.

It is perfectly legal for her to apply for any public benefit as long as husband ( me ) holds ILR.

I don't know why i think i am in mess. I have just spoke to a solicitor from IAS and he advised me to wait for decision and then take relevant action.

He has also advised me that COA application will be rejected on the basis that she does not currently have any remaining leave.

Any more suggestions for this stressed person?