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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi ! My visa will expire in 1 week, so before extension my

Resolved Question:

Hi !
My visa will expire in 1 week, so before extension my visa can I get small time form ukba , like 30 to 40 days , reason incomplete application ,
And one more thing suppose if I am overstay here 1 month after that can I marry with European girl ,
Is it possible
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi

What visa are you on?

What nationality is your fiance?

Is your fiance working in the uk?

Tom
Customer: replied 1 year ago.
Hi !
I am in tier 4 student visa,
But I want to marry with girl from Romania,
If I am overstay here one month after that can overstayer can marry
Customer: replied 1 year ago.
No she is not working in the uk
Expert:  Thomas replied 1 year ago.
Hi

Is your wife in the uk?

What will she do once you are married?

Tom
Customer: replied 1 year ago.
We are not married yet
She is in Romania she will come after 3 week that is the problem
Expert:  Thomas replied 1 year ago.

Hi,

 

Thanks, XXXXX XXXXX the plan for her to come to the UK then exercise her treaty rights and work here (ie. once you are married)?


Tom

Customer: replied 1 year ago.
Just tell me after overstay I am eligible to marry her in uk I am in uk but she is in Romania !
She will come after my visa expire so i need some time like one month '
Is there any way that I can tell to ukba that I need some time to submit my student application !
If they will give me time then I will do marriage
Expert:  Thomas replied 1 year ago.

Hi,

 

There is no way of telling the UKBA that you need a few more weeks so that your fiancé can come to the UK for you to marry unfortunately. The UKBA's position on this is that you either make an application for another visa in an appropriate category or you should return home.


However, there are things that you can do to enable you to stay here and marry your fiancée.

 

To be absolutely certain that you would not be deported before you visa expires you would have to submit an application before your visa expires. If you did this then you would have temporary leave to remain until the application is determined.

So, even if you submitted an application which you thought would almost certainly be rejected you would be allowed to remain here until it is determined.


This would likely give you enough time for your fiancée to come to the UK so that you can marry.


There is no restriction on you marrying her. The overstay does not matter because the UKBA requirement for a certificate of approval for foreign natoinals to marry has long since been abolished:-

http://www.ukba.homeoffice.gov.uk/visas-immigration/while-in-uk/marriageandcivilpartnership/eligibility/

 

Once you are married to her and she is in the UK working (ie. exercising her treaty rights) then you will be able to apply for a residence card confirming your right to remain here and work as the non-EEA spouse of an EEA national exercising treaty rights in the UK. The page on this is here:-

http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/

 

Sometimes, people have problems convincing the UKBA that the marriage is genuine, but provided that they believe the marriage is genuine then you will not be removed from the UK and will get your residence card on the basis of the marriage even if you do not have leave to remain at the time you make your application for the residence card.

 

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Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6590
Experience: BA (Hons), PgDip, Practising Solicitor
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Thomas
Thomas
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BA (Hons), PgDip, Practising Solicitor