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I have been in a relationship with a Vietnamese girl now for…

Hi Pearl. I have...

Hi Pearl. I have been in a relationship with a Vietnamese girl now for almost a year and a half. We are planning to move in together early next year. However, she is an overstated. She initially came here on a Visa to study but after a year when she applied for an extension to study further it was rejected. That was around 4 years or so ago. What advice can you give in terms of us working towards getting her a right to remain? We are looking to marry after we have been together for at least 2 years and understand we would at that point have to apply for a right to marry from the HO? Any advice would be appreciated

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

I am a British citizen. No idea what IS COS is but I would assume not

Lawyer's Assistant: Have you talked to a lawyer yet?

No not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I don't think so

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Answered in 3 hours by:
11/23/2017
frantzgregory
Category: UK Law
Satisfied Customers: 896
Experience: Principal at Gregory & Co Lawyers
Verified

Hello

Your partner will not be allowed to get married to you in the UK as she is classed an overstayer. If you are able to get married, then she can attempt to regularise her stay on the basis of your relationship. Applications of these types are difficult to succeed

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Customer reply replied 7 months ago
Hi there. You mention that she will not be allowed to get married and then say that if we are able to, can you expand on this? I have read a number of people have applied for a marriage licence and been granted it. Is this possible?

YES it is possible. In my experience I have seen situations like this where illegal entrants/overstayers are married in the UK when strictly speaking shouldn't have been. .

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Customer reply replied 7 months ago
Okay. Is there a risk if applying for a marriage certificate? Or is the worst case it just gets rejected? If we were able to get one what would the situation be from then?

Yes there is a risk of your partner being detained and removed from the UK.

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Customer reply replied 7 months ago
Okay. So worst case if she was then removed would we be able to apply for a fiance visa? Or would that be automatically rejected?

If she is not banned from the UK

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Customer reply replied 7 months ago
What is the likelihood of that?

The best option is for your partner to voluntarily leave the UK and you get married abroad before making an application.

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Customer reply replied 7 months ago
Okay. If we were to do that what visa would we apply for and how long would it be likely to take?

You would be applying for a spousal visa. The turn around time will depend on how busy.

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Customer reply replied 7 months ago
Okay great. Appreciate the advice. Is there any reason that this would not be accepted? E.g. the fact that she was previously an overstayer.

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frantzgregory
Category: UK Law
Satisfied Customers: 896
Experience: Principal at Gregory & Co Lawyers
Verified
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