Thanks for your question.
The UKBA have actually got themselves in to a bit of pickle with certificates of approval. There have been a number of cases where they have found against the UKBA in refusing to issue COAs because of human rights grounds (there's an important case called Baiai which is highly relevant to these issues). It is unlikely that they will refuse the COA on the basis of the limited number of months remaining on the visa, but that does not stop them draggin their feet on it in order to get around it and it's difficult to prove this as a fault because they are usually very busy.
I would still apply for the COA and try your luck but ready yourselves not to receive one.
However, a COA is not required if you were to marry in an Anglican Church. They run their own checks on the credibility and genuiness of the marriage. You would need to prove that the relationship is genuine (ie. copies of correspondence, evidence of living together if applicable, other documentary evidence of your relations), that she has leave to remain (which she does, albeit not for long) and that you are over 21. Provided they accept this then you can marry there (without a COA) and then apply for a spouses visa. Please see 5.1 on the following link:-
The criteria for a spouses visa is as follows:-
- 1. That you are legally married to each other (marriage certificate)
- 2. You are present and settled in the UK (eg. Passport, proof of accommodation)
- 3. You intend to live permanently together here in the UK as husband and wife (statements, evidence of her (statements, correspondence(
- 4. You can support each other without the need for public funds (bank statements, evidence of income)
- 5. You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds (tenancy agreement, land registry docs if you your own home)
- 6. That neither of you are younger than 21 years of age. (birth certificates, passports)
you would also have to show that the relationship/marriage is genuine and that you are not simply getting married to secure her stay here. You must also submit the application before her visa expires as well, they will reject it otherwise.
I would see a local immigration solicitors about your plans and to instruct them to prepare the application for a spouses visa prior to actually getting married so that he can appraise you specifically in whether you meet the above criteria and so that you can be sure you have a solicitor in which you are confident in preparing the application following your marriage.
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