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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7405
Experience:  BA (Hons), PgDip, Practising Solicitor
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Thank you for your answer but there is something missing .

Resolved Question:

Thank you for your answer but there is something missing . On uk border ageency website it is said like this:
I really do not understand this document , it makes me a bit confused. At one point they say she need to have more than 6 months entry to uk and minimum of 3 months to be remaining when sending COA application and then again it says that it was changed and then again it says something. It is kind of english I do not undersand . Her visa was just 6 months and now she has only 2 months left before her visa expire.
Please I need to be sure if I can send this application now and if it can be approved so we can get married.
Please have a look at this document , you will understand what they say.
Also I called uk border agency and they said she does not have enough time to apply for it , but then I am not sure cause document says taht it was changed.
If she will send this application together with the passport and wait for an answer longer more than 2 months then she will be here illegaly , but on the other hand how can she be here illegaly if home office is keeping her passport. I had a feeling that officer of uk border agency was not genuine while talking to me and he aslo sounded not convincing. He said : you can still sent it but realisticly you do not have enough time. so what is the point of the law being changed , then he said it is for human rights . I really do not get all these legal things.
Please have a look at this document and answer me in plain workable english so I can know where I stand.
I really appreciate your time you put to help me.
Thank you in advance
Ps. Please consider that her visa was only for 6 months and now she has just 2 months before her visa will expire.
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 6 years ago.



Yeah, they are likely to say that. They cannot actually refuse on the basis of those time limits because it's an infringement of Article 12 of the HRA 1998 - this was proved in a case called Baiai.


You should still apply for the COA, if it does come in time then you should get married straight away then apply as previously stated.


If they still have her passport when her visa expires then technically she will be classed as an overstayer, however the fact that they hold her passport will mean that there are exceptional circumstances which will enable her to raise this as a defence to any future rejection of another application on the grounds of her period of overstay.


I hope this clarifies.


Kind regards,


Thomas, Solicitor
Satisfied Customers: 7405
Experience: BA (Hons), PgDip, Practising Solicitor
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