UK Immigration Law
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Thanks for your question.
When does your current visa run out and are you able to extend this (or apply under another category) without relying on your proposed marriage?
Okay, can you renew the visa or apply with a decent chance of success for a visa under another category once that runs out?
I'll explain why this is important once you have answered...
This probably won't be the news you wanted to here.
The criteria to be eligible to apply whilst you are in the UK for a spouse's visa is as follows (together with suggested documents to prove criteria:-
You will note that it is a requirement that both of you are 21 years of age in order to be eligible. You would also have to apply for a certificate of approval for marriage from the UKBA and it is also required that you are 21 years of age in order to obtain tis. A certificate for marriage in an Anglican church is not required, but to marry to an immigrant it is still required that you are both over 21.
You could marry out of country where the rules are not as strict, but I am sorry to say that no application you make for a spouses visa will be successful until your are both 21 years of age. So were you to marry out of country and then return you would have to look to secure your stay here under another visa category until you are of age.
I would not advise marrying until you are both 21 years of age and are confident that you otherwise fulfill the eligibility criteria as set out above, you could see a local immigration solicitor about this searching using:-
or for more general but free advice by calling:-
I would advise investigating the visa options open to you to secure your stay either by extending your student visa by further studies (if possible):-
Or by looking in to the obtaining a visa under the points based system:-
If you can stick it out until your fiancee obtains the age of 21 then you can apply for a certificate of approval for marriage and a spouses visa thereafter.
I am very sorry that it could not be better. Some may view the 21 years of age criteria as arbitrary but the reality is that it is law motivated out of a desire to prevent forced marriages.
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I believe you are referring to the visa for unmarried couples (for which you must be co-habiting). The age criteria (ie. 21 year of age) is still a requirement for this visa and you must also have been co-habiting for two years prior to the application.
I sincerely XXXXX XXXXX you are eligible under the visa categories and would urge you to read up on the literature I linked you to. If you do not qualify under the points based system, then read up on the "skilled workers" section whereby an employer sponsors you. Look for jobs with licensed sponsors, or an employer will to apply to become a licensed sponsors. Though you would obviously have to do this closer to when your visa is to expire.
The worst case scenario is that you have to return home until your fiancee turns 21 years of age and then apply out of country. I wish you the best of luck.
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