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overstayer in UK

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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tjohnstone
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Posts: 2
Joined: Thu Feb 02, 2012 2:51 pm

overstayer in UK

Post by tjohnstone » Thu Feb 02, 2012 2:52 pm

I am an overstayer in UK and I am getting married.Since the law states that You must apply for certificate of approval(COA),I ma about to do so.However there is a question that says...If your COA is granted do you intend to apply for permission to remain on the basis of your intended marraige?I do not know whether to say YES or No....My fiancee is british and I have overstayed my vistors visa for 2 yrs now
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Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Thu Feb 02, 2012 3:08 pm

The requirement for a Certificate of Approval for marriage was abolished last year. That does not mean you are free to apply for settlement leave to remain within the immigration rules after you are married. You would need to leave the UK and apply from your home country.
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tjohnstone
Newly Registered
Posts: 2
Joined: Thu Feb 02, 2012 2:51 pm

Post by tjohnstone » Thu Feb 02, 2012 4:13 pm

thanks, so would i be able to get married in the church? Do i need to give notice to get married? I was told i could apply for settlement within the UK?
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Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Thu Feb 02, 2012 9:28 pm

You can marry in a church or in a registry office. The need to give notice applies to either situation.
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mochyn
Diamond Member
Posts: 1038
Joined: Wed Dec 09, 2009 10:02 pm

Post by mochyn » Fri Feb 03, 2012 10:05 am

tjohnstone wrote:thanks, so would i be able to get married in the church? Do i need to give notice to get married? I was told i could apply for settlement within the UK?
You still need to leave UK to apply for spousal visa but the fact that you overstayed is not held against you unless you have used deception to stay in the UK.
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