COA and Spouse Visa questions..

[www.confused.com]

Myself and my partner were looking at getting married around the end of this year and I would just like to find out some further information about the process after having read all the information on the UKBA website and not finding answers to all my questions He is from Algeria and currently on a student visa that expires at the end of Jan 2012 studying an MA.

I read that the certificate of approval can take up to 180 working days to be issued which is around 9 months but then it also said that you should apply for it at least 3 months before your current visa expires, implying that applying just 3 months before would be ok...

If we were to apply for the certificate say 5 months before his visa expires but it takes 9 months to come through, would he be able to stay in the country in the interim period until we receive the certificate and can then get married or would he be classed as an overstayer and so would have to leave?

Or should we apply for the certificate of approval now so as to ensure we receive it by the end of the year just in a case? My only worry about applying for it now is that we haven't known each other very long.. Do we have to state how long we have been together in the COA app?

Also, regarding the spouse visa - once we receive a marriage certificate and apply for the visa, is he able to stay with me until we receive a decision on the spouse visa even if his current visa has expired? And is it right that studying an MA at a registered, acredited UK University does not count as being able to speak/understand English and that he will still have to do an English test?

Thanks in advance for any replies!

[MPH80]

On the COA thing - a COA in no way confers any right to remain in the UK.

If you apply before the visa expires and the COA doesn't come through - he would become an overstayer.

On the spouse visa - providing he applies before his current leave expires then his right to remain is effectively extended until he gets a response one way or another.

[www.confused.com]

So basically it's going to be best to apply for the COA like now-ish if it can take up to 9 months to come through and then get married in Nov/Dec and apply for the spouse visa straight after, before his current visa expires at end of Jan? It's probably best for us to leave getting married as long as we can (i.e. a month or 2 before his visa expires) so that we'll have been together nearly a year rather than just a couple of months... I know how that could look

Also, do you know what the likelihood is of a spouse visa app being rejected? And what funds and accomodation proof you have to have??

Thanks for replying

[ElenaW]

So basically it's going to be best to apply for the COA like now-ish if it can take up to 9 months to come through and then get married in Nov/Dec and apply for the spouse visa straight after, before his current visa expires at end of Jan? It's probably best for us to leave getting married as long as we can (i.e. a month or 2 before his visa expires) so that we'll have been together nearly a year rather than just a couple of months... I know how that could look

Also, do you know what the likelihood is of a spouse visa app being rejected? And what funds and accomodation proof you have to have??

Thanks for replying

Being together for less than a year won't look bad like you're implying. As long as you meet the criteria, you're golden.

The likely hood of it being rejected is slim if you provide all that they ask for.

Funds- £103/week left over after rent and council tax.
accommodation- at least one room in a house (where you have permission to stay) all to yourselves.

[Kitty]

Bear in mind also that the Certificate of Approval scheme is scheduled to be abolished this year:

http://www.ukba.homeoffice.gov.uk/sitec ... oa-changes

The most recent guidance is that it will go in "spring 2011", which is, well, round about now

I would recommend applying for the COA now anyway. If it is abolished before you get your permission, then so much the better, but at least you will have a backstop.

[www.confused.com]

Thanks so much for the info!

Final questions... If his visa is due to expire at the end of Jan next year and we get married in December, would it be a problem that we're only submitting his spouse visa application 1 month before his student visa expires?

Actually we'd probably do the in person application at an office where you pay more if we were able to get an appointment in time.. Are you more likely to have your spouse application accepted if you apply in person or by post do you know?

[ginoT]

you can apply 1 day before the visa expires, no difference. Just make sure you marry, have all the docs ready to submit before his current visa expires.

You don't need to have been granted the visa before the current visa expires. Once the application has been submitted you have temporary leave to remain up until a decision has been reached

[www.confused.com]

Thanks Gino!

If we have all docs and supporting evidence for the application is it likely that they will accept it and process it if applying in person at the office or as he's allowed to stay until they've made a decision anyway, is it better to post it off to them? Do you have any idea how long it can take for them to make a decision? And what the F do you do if they refuse for no good reason?

Thanks!

[ginoT]

I'm a bigger fan of applying via post. In-person applications cost lots more and they can still say, "actually, this application needs further investigation". There's no guarantee you'll get an answer on the day. If they have any reason to suspect the application is dodgy, they'll put it on ice and you have to wait.

How long you can wait? How long is a piece of string. No one can answer that, but usually if the application is 100% legit, with no history issues, criminal record etc, then normally not more than 3 months.

If you submit in time and have provided them with ALL the information they request and there is no reason to reject the application. If they have a valid reason to reject the application either you are given a right to appeal, and get the issue fixed there, or you can re-apply (assuming you still have time on your current visa).

If the visa has expired and you don't have right of appeal you can either initiate an appeal based on human rights grounds or start a Judicial Review.

Anyway, there's stuff you can do. But do yourself a favour and don't ask all these questions when you haven't got there yet. Just submit the valid application, on time, and everything should be ok.

In-person or post is your personal preference. In-person only gives you the possibility of getting the visa quicker