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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7435
Experience:  BA (Hons), PgDip, Practising Solicitor
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My niece (aged 33) wishes to marry her Libyan fiance, but his

Resolved Question:

My niece (aged 33) wishes to marry her Libyan fiance, but his visitor's visa is due to expire on March 5th. Will he have to return to Libya and apply for a fiance visa from there? How long does this process normally take?
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.



He would have apply for a certificate of approval from the ukba so that he could marry here.


This would involve sending his passport and although being here one visitors visa is not supposed to be a bar to applying for a coa the practical reality is that they will not grant it in time and it will cause further problems when he comes to apply for a spouses visa thereafter (whilst in the UK) because they will view his attempt to secure further leave to remain as a form as decepton. This is because it is a term of his visitors visa that he will leave at the end of it. They would certainly reject the application.


The better option would either be to return home and apply for a fiance visa from there, or to marry here in an anglican church (where they do not required a coa) so that he could return home and make the application for a spouses visa from. This would mean only one application rather than two if he returns unmarried (first for a fiance visa and then second for a spouses visa once married).


Sorry it could not be better news.


If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions. Kind regards Tom

Edited by T_Graham12 on 2/17/2011 at 8:55 AM EST
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