Hi
Thanks for your question.

There is no longer a requirement for a visa national to apply for a Certificate of approval from the UKBA so that they can marry in the UK:-
http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/43-abolition-of-coa

Therefore it is technically at the discretion of the individual superintendent registrar the registry office where you propose to marry. They will usually marry you regardless of the fact that your leave to remain has expired.

Of course, you will still have to go through the usual formalities of marriage. This means that you will have to prove your identities to the registrar, as well as your addresses. You will then have to give the appropriate notice of marriage up at the local registry office confirming that you shall marry. Once this has expired you will be free to marry:-

Details about marriage formalities here, together with a link to search for your local registry office:-
http://www.direct.gov.uk/en/Governmentcitizensandrights/Registeringlifeevents/Marriagesandcivilpartnerships/DG_175717

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Kind regards,


Tom

Hi,

Yes, if you see a local registrar then they should marry you.

Please click accept. I will continue to answer your follow up questions relating to this topic.

Do you have any children in the UK? What nationality are they?

What nationality is your fiance?

Tom

Hi,

In the circumstances then I would advise that they best thing to do would be for you to see a local solicitor about preparing your application for a spouse visa before you leave. That way you can take it with you back to your home country so that you can submit it to the Embassy there straight away upon return.

In country applications by overstayers are generally only permitted where exceptional compassionate circumstances apply. This is usually because of health reasons where it would be prejudicial to the applicants health to leave the UK, or where the applicant has children in the UK that rely on the application for care and attention.

Any attempt to make an application where compassionate circumstances do not apply is very, very uncertain, unlikely to succeed and it would probably be quicker to do it after returning home in any event.

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Kind regards,

Tom