What will happen?

[Pepe n Pilar]

I just want to know about what will happen to these two visa holders?

1) A filipina on student visa came here last year and she met a Brit then planned to get married next month. Will her visa be converted from student to spouse? or will se go back home on the expiration of her student visa?

2) A filipina on a tourist visa overstayed for 5 years. She filed an appeal last October and was waiting for the final paper for the results. She met a Brit bf here and he plans to marry her. She said the Homeoffice told her to go back to the Phils and file a fiance visa. Is there a possibility she be granted a fiance visa if she is an overstayer?

Thanks for the replies.

[KeithD]

1) Under the terms of a student visa you can't marry.

2) She needs to go back ASAP. Will it influence any future appplications? Yes.

[Pepe n Pilar]

Thanks Mr. Keith for the quick reply.

>So the filipina on a student visa that is scheduled to get married next month made a useless decision. She did this just so she thought she can stay here for good.

But why did the Registry Office accepted her application for marriage? They already had given out marriage invitations to their friends.

>The overstayer was so confident that she will just go back to the Phils and file the fiance visa and very positive she will be approved because the Home Office told her.

But why did the Homeoffice say to file the fiance visa in the Phils even if he/she knows she is an overstayer?

[IainBusby]

Thanks Mr. Keith for the quick reply.

>So the filipina on a student visa that is scheduled to get married next month made a useless decision. She did this just so she thought she can stay here for good.

But why did the Registry Office accepted her application for marriage? They already had given out marriage invitations to their friends.

>The overstayer was so confident that she will just go back to the Phils and file the fiance visa and very positive she will be approved because the Home Office told her.

But why did the Homeoffice say to file the fiance visa in the Phils even if he/she knows she is an overstayer?

Because from their point of view she is here illegally and that's what she must do. Because they have told her to go home and apply for a fiance visa, it doen't mean that she will be granted a fiance visa, in fact because she has been an overstayer, she didn't abide by the terms of the last visa she was granted so there's a good chance she will be refused.

Personally I think the best thing she can do is try to get married, either here or in phils and apply for the visa in phils as a spouse. I think a spousal visa has more chance of success in these circumstances because they would find it harder to refuse.

Iain.

[KeithD]

But why did the Registry Office accepted her application for marriage? They already had given out marriage invitations to their friends.

Did she make it quite clear to them that it was against her terms in the visa? No, didn't think so! :doh

What she has to do now is call the IND ASAP, and explain to them.On past experience they'll advice her to go back to the Phil and apply a fiancee visa, if she goes through with the marriage she'll be in breach of her visa, and therefore here illegally, so would have to go back the Phil before she is deported.

[darren-b]

Thanks Mr. Keith for the quick reply.

>So the filipina on a student visa that is scheduled to get married next month made a useless decision. She did this just so she thought she can stay here for good.

But why did the Registry Office accepted her application for marriage? They already had given out marriage invitations to their friends.

Without a CoA (Certificate of Approval) the Register Office shouldn't have accepted their application for marriage - the Register Office should have asked for proof of nationality/residency.


>The overstayer was so confident that she will just go back to the Phils and file the fiance visa and very positive she will be approved because the Home Office told her.

But why did the Homeoffice say to file the fiance visa in the Phils even if he/she knows she is an overstayer?

The Homeoffice will always tell an overstayer to leave the UK....

[KeithD]

If she gets deported, she definitely won't get back in the UK.

Same rules for everyone. Simple as that.

[LadyJ]

Questions 1 and 2

Answers: Must go back to Phils and apply a fresh application from there.

If you are an overstayer (even had already spend 5 yrs less or more) and wanted to switch to spouse visa and didn't want to go back to their country at all, the H.O. will bring the case to the court and this will take a lots of lots of lots of time and money to spend for your solicitor. its a very small of chance getting a spouse visa because the applicant is here illegaly and didn't abide the immigration laws.

What ever the plan of switching visa from overstayer or student to spouse/fiance visa the applicant still MUST go back to the original country to apply from there. Even they have got own house, child from partner etc. the H.O. doesn't care.

RULE IS RULES!

Goodluck!

[LadyJ]

2) A filipina on a tourist visa overstayed for 5 years. She filed an appeal last October and was waiting for the final paper for the results. She met a Brit bf here and he plans to marry her. She said the Homeoffice told her to go back to the Phils and file a fiance visa. Is there a possibility she be granted a fiance visa if she is an overstayer?

Thanks for the replies.

Its a lot easier, quickier and cheaper if she didn't appeal and just go back to Phils.

Get married in Phils and show evidence that they are genuine couples since they were here in UK.

When she apply for spouse visa this will be a new application but ofcourse the Brit Emb will look what was her history before on the other hand, if she have got lots and strong evidence that they're genuine couples since they were here in UK then her chance of getting a spouse visa is higher.

[LadyJ]

Without a CoA (Certificate of Approval) the Register Office shouldn't have accepted their application for marriage - the Register Office should have asked for proof of nationality/residency.



The Homeoffice will always tell an overstayer to leave the UK....

Very very true!


If she gets deported, she definitely won't get back in the UK.

Same rules for everyone. Simple as that.

So don't get caught or sorted herself out asap before this happen.

[darren-b]

What ever the plan of switching visa from overstayer or student to spouse/fiance visa the applicant still MUST go back to the original country to apply from there. Even they have got own house, child from partner etc. the H.O. doesn't care.

RULE IS RULES!

Goodluck!

Student to spouse is possible without leaving the UK but if you get married in a Register Office you should have applied for a Certificate of Approval first.

[LadyJ]

Thanks Mr. Keith for the quick reply.

>So the filipina on a student visa that is scheduled to get married next month made a useless decision. She did this just so she thought she can stay here for good.

COrrect!!

BUT

there's another option.

After they get married next month, NEVER apply spouse visa from UK.

[LadyJ]

Student to spouse is possible without leaving the UK but if you get married in a Register Office you should have applied for a Certificate of Approval first.

Yes and still have to go back to Phils to apply for spouse visa.

[darren-b]

Yes and still have to go back to Phils to apply for spouse visa.

No you don't.. If done properly someone in the UK on a student visa can apply for FLR after they get married without leaving the country.

This explains the process for getting married

http://www.ind.homeoffice.gov.uk/visitingtheuk/gettingmarried/certificateofapproval/

Then if you read the FLR application form it asks about CoA

[KeithD]

No you don't.. If done properly someone in the UK on a student visa can apply for FLR after they get married without leaving the country.

This explains the process for getting married

http://www.ind.homeoffice.gov.uk/visitingtheuk/gettingmarried/certificateofapproval/

Then if you read the FLR application form it asks about CoA
They are not guaranteed to grant it, and by the sounds of it they are out of time to apply for anything in the UK.

[joebloggs]

1) yes, if your friend is legally here, they can apply for a COA, and as long as her student visa doesn't run out b4 they are wed, they can apply for FLR which should be valid for 2yrs as darren as said already..


2) most of the time you cannot change from a VV to any other visa, but you could marry on a VV and apply for a COA, but your friend is an over stayer :NoNo:, and your suppose to go back and apply for entry clearance, only if your marrying a european you do not need to, but yes you can try an in country app, but the HO will be in no rush to process it, and if your illegal for 5 years- is she still in the uk ?? why the appeal has she been banned ?, that will set a few alarm bells ringing and you might get a knock on your door early one morning from immigration officers, its better your friend leaves and goes back to the phils to apply for a fiancée or spouse visa if shes still in the uk.

[kermit123]

I just want to know about what will happen to these two visa holders?

1) A filipina on student visa came here last year and she met a Brit then planned to get married next month. Will her visa be converted from student to spouse? or will se go back home on the expiration of her student visa?

2) A filipina on a tourist visa overstayed for 5 years. She filed an appeal last October and was waiting for the final paper for the results. She met a Brit bf here and he plans to marry her. She said the Homeoffice told her to go back to the Phils and file a fiance visa. Is there a possibility she be granted a fiance visa if she is an overstayer?

Thanks for the replies. i:m sorry itsme_iye but thay have just changed law in uk . thay will be hanged untill death then sent home first class ( only jokeing lol sorry )gaz/maybs

[kermit123]

can i ask is she just useing this british guy to stay in uk it looks like a marrige just so she can stay in uk maybe i m wrong gaz/maybs

[girl england]

another sad story

[joebloggs]

can i ask is she just useing this british guy to stay in uk it looks like a marrige just so she can stay in uk maybe i m wrong gaz/maybs

even those who apply for a family permit can face refusal for “marriage of convenience”...

The burden of proving that a marriage is not a “marriage of convenience” for the purposes of the EEA Regulations rests on the appellant

[girl england]

yes that's true mod

[LadyJ]

You know what Joe? You should work in the Home Office.:xxgrinning--00xx3:

Because you're just pretty deym good about all these things.:D

[Mrs.JMajor]

You know what Joe? You should work in the Home Office.:xxgrinning--00xx3:

Because you're just pretty deym good about all these things.:D

Yeah,you're right LadyJ,i second the motion

Just don't leave the forum Joe :Hellooo: WE need you :rolleyes:

[KeithD]

You know what Joe? You should work in the Home Office.:xxgrinning--00xx3:
He'd help fill up their disabled quota for mental illness :D

[somebody]

You know what Joe? You should work in the Home Office.:xxgrinning--00xx3:

Because you're just pretty deym good about all these things.:D

Long commute to sw1 each day for Joe and near all those londoners.

[LadyJ]

Long commute to sw1 each day for Joe and near all those londoners.

Ok why not you then..u are good too and leave in Landan:icon_lol:

[somebody]

Ok why not you then..u are good too and leave in Landan:icon_lol:


No ta rather not be a goverment worker finding things to do to avoid work all day:D

Someones gotta pay tax and pay for joe and his bowler hat wearing work mates:D

[somebody]

Thanks Mr. Keith for the quick reply.

>So the filipina on a student visa that is scheduled to get married next month made a useless decision. She did this just so she thought she can stay here for good.

But why did the Registry Office accepted her application for marriage? They already had given out marriage invitations to their friends.

>The overstayer was so confident that she will just go back to the Phils and file the fiance visa and very positive she will be approved because the Home Office told her.

But why did the Homeoffice say to file the fiance visa in the Phils even if he/she knows she is an overstayer?

LIke iain says they have to advise it and its the quickest way of getting someone out of the country tempt them with a carrot.


Ps from what I have heard and others the people working for the goverment in various departments have less ideas on many of the rulings than you would expect!! most of the advise the Wife or I have recieved over the years was incorrect out of date or incomplete.

Always get second and possibly third opnions

[joebloggs]

LIke iain says they have to advise it and its the quickest way of getting someone out of the country tempt them with a carrot.


Ps from what I have heard and others the people working for the goverment in various departments have less ideas on many of the rulings than you would expect!! most of the advise the Wife or I have recieved over the years was incorrect out of date or incomplete.

Always get second and possibly third opnions

they told her that because that's what she will have to do, doesn't mean she will get it thou :D, but no automatic mandatory ban for a spouse, in those 5yrs was she working ? now that's could well get a ban :doh, if she leaves and is not stopped then the HO might not ever know she overstayed, but you mention she has appealed ?? looks like she has been refused what and where ???

[sammy]

its situations like this that make it harder for genuine fiance/spouse/visit visa applications ie to prove you will not overstay or go against the visa criteria.I will be applying for my gf fiancee visa soon, So please go back and do it properly, most on this site have had a long and hard struggle ie saving money for visa requirements but have done it the legal and proper way. Lets not give the immigration people reason to make it harder.

[KeithD]

its situations like this that make it harder for genuine fiance/spouse/visit visa applications ie to prove you will not overstay or go against the visa criteria.I will be applying for my gf fiancee visa soon, So please go back and do it properly, most on this site have had a long and hard struggle ie saving money for visa requirements but have done it the legal and proper way. Lets not give the immigration people reason to make it harder.
Well said. :Hellooo: