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CharlotteSJ
CharlotteSJ, Immigration Solicitor
Category: UK Immigration Law
Satisfied Customers: 78
Experience:  I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
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hi i was legally staying in the uk for up to 3 years...my visa

Resolved Question:

hi i was legally staying in the uk for up to 3 years...my visa expired in october...i was planing to go back home to my country but then i found someone that i wanted to get married to....i applied for a certificate of approval just weeks before my visa expired..i was granted one after my visa expired....now that am married and ilegally staying in the uk,can i apply for a further leave to remain in the united kingdom..i got married in january and my visa has been expired since october..
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  CharlotteSJ replied 4 years ago.

Under the immigration rules, there is no provision for legalising your stay in the UK if you are here illegally and so any application you make in country will be outside the rules and therefore discretionary. You will need to demonstrate to the Home Office that there are good reasons why you cannot go back to your home country and make an application from there to return on a spouses visa. The Home Office will look at whether there are any compassionate or medical reasons why you cannot return home and apply to come in legally. Unless the Home Office are satisfied that there are sufficient grounds to exempt you from complying with the rules, the application will be refused.

 

If you do return to your home country and apply to come back in to the UK, you will need to demonstrate not only that your marriage is genuine and subsisting and that you intend to live together permanently but you will also need to show that you can afford to maintain and accommodate yourself without recourse to public funds.

 

It would be a good idea seek the assistance of a solicitor with any in country application as they will be able to include case law that supports your case.

 

I hope this answers your question in which case please Accept. If you require any further information, please ask.

Customer: replied 4 years ago.
but y was i allowed to get married thenafter my visa expired..?
Expert:  CharlotteSJ replied 4 years ago.

A certificate of approval (CoA) does not infer any leave to remain, it simply gives you permission to get married. All you have to demonstrate is that your relationship is genuine and that you are not wanting to enter into a sham marriage. People with no leave to remain in the UK can obtain CoA's. The Home Office were obviously satisfied that your relationship was genuine and so that is why your CoA application was granted. Unfortunately the grant of the CoA has no bearing on your status in the UK.

 

I hope this answers your question in which case please Accept. If you require any further information, please ask.

Customer: replied 4 years ago.
so by contacting a solicitor can i still go ahead and apply while in the uk.
Expert:  CharlotteSJ replied 4 years ago.

You can make an application from within the UK and a solicitor will be able to assist you with this but it will be an application for leave outside the rules so there is no guarantee that you will be successful. Even if you can demonstrate that you meet the rules of a spouses visa except for having the correct entry clearance, you will need to convince the Home Office that there is a good reason why you can't go back to your home country and apply to come back in line with the rules.

 

I hope this answers your question in which case please Accept, if you require any further information, please ask.

Customer: replied 4 years ago.
so if i go back to my country after overstayin for up to 5 month in the uk, will there be any possibility to be granted leave to enter as a married spouse.....
Expert:  CharlotteSJ replied 4 years ago.

I've outlined above what requirements you need to meet. Providing you meet these requirements, your overstaying shouldn't be a total barrier to you getting a visa. Obviously I cannot say for definite that your visa will be granted as no-one can give you that guarantee.

 

The Home Office will take into account the fact that you have overstayed which is why it is advisable that you use a solicitor as they will be able to explain your overstaying and emphasise the human rights aspects of your case and also highlight the caselaw which supports your case.

 

I trust this now answers your question, I'm afraid I'm not able to give much more information as I do not know enough about the specifics of your case and so please Accept. For more in depth advice on your situation you should visit an immigration solicitor who can take full details of your case. If you are in this country without status and therefore not working, you may be eligible for legal help to get your advice for free.

 

Thank you.

Customer: replied 4 years ago.
thank u..your answers hav been of great help....
Expert:  CharlotteSJ replied 4 years ago.

I'm glad I have been of assistance. Best of luck with your application.

 

I would be grateful if you could click to Accept my answers so that I can get paid.

 

Thank you.

CharlotteSJ, Immigration Solicitor
Satisfied Customers: 78
Experience: I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
CharlotteSJ and 3 other UK Immigration Law Specialists are ready to help you

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