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Marriage and Spouse visa after COA abolished - Advice

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M999
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Marriage and Spouse visa after COA abolished - Advice

Post by M999 » Thu May 12, 2011 12:34 pm

Hi everyone.
First of all I want to say thanks so much, this forum its been helping me a lot. Really helpful members.

I will be straight forward to make easier and will be really glad if you guys would help me.

No my situation,i came to U.K. as tourist about 3 years ago and overstayed my visa. During this time I used fake passaport (with my real name) and insurance number to work.

I met an english girl around 8 months ago and around 4 months ago we moved together and we are thinking to get marry.

Before I needed a COA then my plan was to go back to Brazil and get marry and apply for husband visa from there. (this would cost a lot of money)

No the COA is abolished, looks like I can at least get marry here, but now I don't know if I'm still have to go back to apply or I can do it from here and what would be safer and easier.
And if I apply from home, should I be honest about everything or not?

My girlfriend has family here so she make a point to get marry here if we can.

And because my proof of adress still too new yet I'm thinking to get marry but apply to a visa a bit later because now looks like they will be much more aware about sham marriage.

Basically that's it, I will be very glad if someone here would give me an advice what to do.

Thanks so much.
Last edited by M999 on Tue May 17, 2011 2:07 pm, edited 1 time in total.

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Casa
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Post by Casa » Thu May 12, 2011 2:38 pm

You'll have to return to Brazil after the marriage and apply for a spouse visa from there.

M999
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Post by M999 » Thu May 12, 2011 2:44 pm

Thanks so much Casa.
I have a last question for you, wich one you think will be safer?

1- Marry here and apply for visa in Brazil
2- Marry in Brazil and apply for visa there

I'm running out money and my girlfriend can't manage enough time on holiday to go to Brazil to do the second options. So for me the number one will be at least cheaper but I don't know about safer.

Thanks Casa.

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Casa
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Post by Casa » Thu May 12, 2011 3:10 pm

Previously, the application for a COA would often alert the authorities to an overstay/illegal status. Now that this has been withdrawn, I'm not sure what the risk would be, if any.

M999
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Post by M999 » Fri May 13, 2011 1:27 pm

Thanks Casa.
Is there anyone here that could say something about my options:

1- Getty marry in U.K. and go to Brazil to aplly for spouse visa
2- Getty marry in Brazil and apply for spouse visa there

I relly need take my decision in the next couple days and I'm still a bit lost.

Thanks.

geriatrix
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Post by geriatrix » Fri May 13, 2011 1:47 pm

Given that you have used a fake passport in the past, you may find that neither option is either easy or safe - in context of immigration application.

Where you get married (UK or Brazil or another country) is immaterial.
Life isn't fair, but you can be!

vinny
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Post by vinny » Sat May 14, 2011 2:18 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

elv15
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Post by elv15 » Sat May 14, 2011 11:35 am

With history of using fake passport i would say get profesional help before you make a move.

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Casa
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Post by Casa » Sat May 14, 2011 11:46 am

Elv15 has given you excellent advice.

M999
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Post by M999 » Mon May 16, 2011 12:56 pm

Thanks a lot.
I'll seek professional help just like you guys said.
I'm completely lost.

mellowyellow
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Post by mellowyellow » Thu Jun 02, 2011 1:56 pm

Hi guys, I have been reading a LOT about the abolishment of the COA and I am in a similar situation to that described above, except I am the english girlfriend, and my partner is brazilian and has overstayed. He has never used any fake documents, and we have proof of living together for about a year, as well as loads of photos and I met his mum here last summer when she visited etc and she is now back in brazil.

So like above, we have very little money, as we are travelling to brazil at the start of july, and staying for 2 and half months. We would like to marry here as it is cheaper and quicker, (i won't have to spend excessive amounts on translation of my documents etc) and so now that the COA is abolished, we thought maybe we could try giving notice of marriage together here and marry before we go.

I was wondering does anyone know of anyone who has done this successfully? As I have spoken to two lawyers who have said it is risky as they may still tip off the home office if they suspect someone is illegal, and another lawyer has said to us it is highly unlikely they will bother as we are very obviously genuine, and from the website, they will only want to see a birth certificate.

So I know this is not professional advice, I just wondered of opinions about this, because we are going to brazil anyway, I don't really want him getting deported, but I am not sure we can afford to marry in brazil!!!!


THanks for reading...Any advice most appreciated!!!

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Casa
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Post by Casa » Thu Jun 02, 2011 2:09 pm

The 2nd Lawyer is right. The registrar has no obligation to inform the HO about a couple's legal status and is only interested in whether the relationship is genuine or not. The HO would be notified if the registrar believed it to be a sham marriage.

mellowyellow
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Post by mellowyellow » Thu Jun 02, 2011 2:48 pm

Ok, wow, thank you. In this case I can only go with the assumption that if we bring enough genuine proof we will be allowed to marry. It will be a great weight off my mind as I really would love my family to come!!
Thanks for your reply!

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