UK Immigration Law
Ask an UK Immigration Law Question, Get an Answer ASAP!
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)?
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:-
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:-
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.
Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question. If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. "FAO Tom". Kind regards,Tom
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).