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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7600
Experience:  BA (Hons), PgDip, Practising Solicitor
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My name is XXXXX XXXXXm from india. I came here with student

Customer Question

My name is XXXXX XXXXX from india. I came here with student visa and my visa expired on feb 14 th. I have applied for tie 1 PSW visa @ dec 27 and its now in progress. I'm engaged to a uk resident swiss woman.I fear about not getting my visa. My partner suggest to get married. $y question should I cancel my current ongoing visa process and apply for the marriage visa or should I go along with it. Even if my visa is csncelled can I able to stay here and apply for my marriage visa. My. Appointment for certficate of approval of amrriage is on feb 6 th.
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.

Hi,

Thanks for your question.

There is no longer a requirement for you to apply for a certificate of approval, this was abolished by the UKBA on 9th May 2011 so I’m not sure what kind of appointment you have booked:-
http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/43-abolition-of-coa

If your marriage and relationship is genuine then once you are married you can apply for a residence card as the non-eea spouse of an eea national exercising treaty rights within the UK. If you do this and apply before your apply for a residence card (for 5 year) as the non-eea spouse of an eea national exercising treaty rights within the UK. If you do this and apply before your current visa application is determined then you will be fine.

You would have to apply for the residence card by submitting form EEA2 to the UKBA, which is available for download on their website:-
http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/applying/

IIf you do this before your application is determined then you should at the same time infrom the UKBA that you withdraw your PSW application. If you and your wife remain exercising treaty rights within the 5 years and are still married at the end of it you can apply for Permanent Residence in the UK which is effectively Indefinite Leave to Remain.

If your current application is refused then provided you apply within the time by which the UKBA require you to leave the UK in their refusal letter then you should be okay provided they accept the relationship and marriage is genuine.

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Kind regards,


Tom
Expert:  Thomas replied 5 years ago.
I note you have not clicked accept to my answer. Is there any further information you require?If you do not click accept then your deposit simply stays with the website and I receive absolutely no credit for the time I have taken to answer your question. Only when you click accept does a portion of your deposit actually transfer to me and you will not be charged any further money simply by clicking accept.Please click accept. I cannot work for free.Tom

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