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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6058
Experience:  BA (Hons), PgDip, Practising Solicitor
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Ive been in England for nearly two years my visa will run out

Resolved Question:

Ive been in England for nearly two years my visa will run out in July 2011 if I get engaged soon to my boyfriend Ive heard I can extend my stay for 6 months to get married I have come from India
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi

 

What nationality is your fiance and what is their immigration status in the UK?

Customer: replied 3 years ago.
Indian Im 21 years old and not here as a student my aunty and family are here and Ive learnt english and worked here legally.
Expert:  Thomas replied 3 years ago.
Yes, but is your boyfriend also Indian and what is his immigration status in UK?
Customer: replied 3 years ago.
hes born in England to Indian parents he has lived here in England all his life.
Expert:  Thomas replied 3 years ago.

Right. If that is the case then I imagine he will either be British or has been registered as such or has been naturalised as a UK citizen.

 

I think you are referring to a fiance visa. These are available to persons who are not in the UK but who wish to come here and marry. They are granted for 6 months.


A non-UK/EEA national who is in the UK on a visa and wishes to get married must first apply for a certificate of approval from the UKBA in order to marry here. They are also generally granted for 6 months but they do not extend the legal right to to remain in this country I'm afraid.. Info here:-

http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/coa/coa

http://www.ukba.homeoffice.gov.uk/while-in-uk/marriageandcivilpartnership/documents/#header2

 

If after having received your COA you marry before your visa expires then you will be eligible to apply for a spouses visa but the UKBA will require that you return home and make the application from there. You can of course prepare your application here with a solicitor so that you can submit it straight away upon your return.

 

You are of course free to apply for an extension to whatever visa you are presently on in the normal way.

 

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

Customer: replied 3 years ago.
What im asking is in July when my visa stop can i extend it for 6 months within that 6 months to get married
Expert:  Thomas replied 3 years ago.

No, you can't do that.

 

You can extend your visa (ie. whatever it is - student or workers) in the normal way but you cannot simply extend it because you wish to get married.

 

Persons are only permitted to get 6 month fiance visas for the purpose of marrying in the UK if they are outside of the UK at the time of the application. It is not available to persons already in the UK.

 

If you do wish to marry in the UK you must apply for a COA in the above way and then a spouses visa thereafter from your home country.

 

Hope this clarifies, if so please click accept.


Kind regards


Tom

Customer: replied 3 years ago.
o.k so I extend my visa because my family is here and my fiance want to get married if I apply they will tell me how long I can extend it for? Government departments that it!
Expert:  Thomas replied 3 years ago.

I'm afraid I don't really understand your question.


What visa are you on now?

 

Customer: replied 3 years ago.
working holiday
Expert:  Thomas replied 3 years ago.

Right. You are not able to extend those I'm afraid, nor are you able to switch in to another visa category. You will have to return home upon it's expiry.

 

You can still apply to the COA to enable you to marry here so that you are in a position to apply for a spouses visa upon your return home.


The eligibility criteria for a spouses visa is as follows,

You will have to show:-

  • 1. That you are legally married to each other (marriage certificate)
  • 2. You have met before (statements, correspondence)
  • 3. You are present and settled in the UK (eg. Passport, proof of accommodation)
  • 4. You intend to live permanently together here in the UK as civil partners (statements, correspondence)
  • 5. You can support each other without the need for public funds (bank statements, evidence of income)
  • 6. You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds (tenancy agreement, land registry docs if you your own home)
  • 7. That neither of you are younger than 21 years of age. (birth certificates, passports)

Please click accept.

 

Kind regards,

 

Tom

 

 

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6058
Experience: BA (Hons), PgDip, Practising Solicitor
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