PDA

View Full Version : Getting married on a student visa. Am I correct in saying...



CoolBreeze2106
31st October 2010, 20:11
Hi All, I am hoping you can help.

I have tried searching and I am pretty sure I now know the answer but can anyone just confirm for me if I am correct.

I am a UK citerzen and I want to marry a Filipino girl that has 1 year left on her student visa, from my searches am I correct in saying this is what we need to do:

1. Apply for COA (Entitles us to then get married in the U.K)
2. Get wed (yippie)
3. Apply for FLR (Entitles her to stay in the U.K for a further 2 years)
4. Apply for ILR (Entitles her to stay in the UK permanently)
5. Enjoy life

Hope I haven't missed anything.

Thanks in advance, Ashley

somebody
31st October 2010, 20:18
I believe that's it basically although the COA may possibly be the toughest one has no experience of and heard little about. So do make sure you got plenty of evidence to support your Mahals application. FLR, ILR and citizenship although expensive are if you prepare correctly merely formalities.

Good luck to both of you and hopefully some other forum users can give you more of an insight to what actually is needed for the COA.

CoolBreeze2106
31st October 2010, 20:25
Thanks somebody....

I had a look at the COA application and guideline forms on the home office site and it doesnt ask you supply anything apart from each others passports. Hopefully like you say some other members may be able to shed some futher light on this.

Thanks for the good luck.

Terpe
31st October 2010, 20:58
CoolBreeze2106
In principle you got.

I may be wrong but I seem to recall from somewhere (a few years ago) that In order to qualify for a Certificate Of Approval, she must have been granted a student
visa for at least six months and at least three months must remain.
Maybe someone else can comment on this??

Once married, your wife must apply for FLR. This is extremely Important.
She will need to show that the marriage is genuine and that she should be allowed to stay as a spouse.
She will also need to show did not intend to deceive the authorities when she entered as a student. Also that you can support yourselves without recourse from public funds.
Near the end of a two year period she can apply to stay permanently (ILR).

She will not be refused leave to remain just because she entered on a student visa and then decided to get married. The key is what was her main reason for entering the UK originally not her eventual plans.

See also here:-
http://filipinaroses.com/showthread.php/27538-getting-married-on-a-student-visa?p=251466

CoolBreeze2106
31st October 2010, 21:07
Hey Terpe, thanks for your reply....

You are correct in saying her student visa should be valid for at least six months and at least three months must remain. I read this on the COA guideline forms.

I also read the thread you quoted and a few others and realise how important it is to apply for the FLR. (I don't know why someone wouldn't or even let their visa expire)

I suppose now my questions have changed now that I'm confident that I have the process correct.

Do we need to send supporting documents with the COA? as I stated in the OP there is no mention of doing this on the guideline forms (nor from memory are there any questions asking how long the relationship has been for so far etc)

How will she show that she didn't intend to come to the UK on a student visa to then wed? She is currently on a 2 year student visa of which 1 year has expired so I suppose that sort of shows she intended to come here to study as it's now a year down the line and only now applying for the COA. Any thoughts on this?

Cheers.... Ashley.

Terpe
31st October 2010, 21:33
....How will she show that she didn't intend to come to the UK on a student visa to then wed? She is currently on a 2 year student visa of which 1 year has expired so I suppose that sort of shows she intended to come here to study as it's now a year down the line and only now applying for the COA. Any thoughts on this?

That should be enough. Scrutiny normally occurs within first 6 months, but often not a big issue.

Terpe
31st October 2010, 21:35
By the way CoolBreeze2106
:Hellooo: Welcome to the forum, :Wave:

CoolBreeze2106
31st October 2010, 22:14
By the way CoolBreeze2106
:Hellooo: Welcome to the forum, :Wave:

Woot Woot.

Cheers! :Jump:

Arthur Little
31st October 2010, 23:34
Good luck with your plans, Ashley :xxgrinning--00xx3: ... and :welcomex: to the filipino/uk forum.

CoolBreeze2106
1st November 2010, 11:18
Good luck with your plans, Ashley :xxgrinning--00xx3: ... and :welcomex: to the filipino/uk forum.

Kumusta and Salamat.

joebloggs
1st November 2010, 17:07
how long is left on her visa ??

as

We expect the scheme to end in late 2010 or early 2011, subject to Parliamentary scrutiny

http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/32-coa-changes

and many people have waited months for a COA, and didn't get one before their visa expired and they had to leave the country :doh

CoolBreeze2106
1st November 2010, 17:32
how long is left on her visa ??

as

We expect the scheme to end in late 2010 or early 2011, subject to Parliamentary scrutiny

http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/32-coa-changes

and many people have waited months for a COA, and didn't get one before their visa expired and they had to leave the country :doh

Hi she has exactly 1 year left out of her 2 year visa.

Wow this has raised some questions....are you lovely forum members able to help?

1) Once this has been abolished how would we get married in a non Anglican Church? Or would we just not need to worry and just give notice?

2) If we got married in an Aglican church ceromony where you dont need a COA are you still able to apply for FLR? Then ILR?

3) Still unsure on whether we need to submit evidence with the COA as no mention of this in the guide form or app form.

Thanks for your reply :)

CoolBreeze2106
2nd November 2010, 14:18
Any ideas people? Still confused about how to proceed with my mahal. :(

joebloggs
2nd November 2010, 14:33
as the web site says you still need to apply for a COA for now...

i would have thought when it is scrapped you will not need one, but who ever you try and get to marry you will have to inform UKBA if they dont think your relationship is genuine (for example if you can't speak to each other in the same language, or if there is something suspicious )

well she needs some sort of visa to stay in the uk b4 her student visa expires. so ideally you would apply for FLR (M) when your married or extend her student visa.

being married doesn't give you a right to live in the UK, she would still need a visa.

CoolBreeze2106
2nd November 2010, 14:44
Thanks for your reply. :)

Im still confused to the whole Anglican Wedding? This I understand we dont need a COA. Whats the difference between the 2 weddings? I assume if we went the anglican route we can still apply for FLR (M)?

Also I have googled to death Anglican wedding, can this be done at at registry office as per a non anglican wedding?

We really want to do this in a registry office and just get the formalities out of the way as we would prefer to have the real wedding in fil.

Thanks for all your help so far.

CB

Terpe
2nd November 2010, 15:15
CoolBreeze2106
Concerning evidence for COA.
You need only supply evidence if either or both had ever been married or in civil partnership before. (eg Divorce papers in English language)
Other than that it's only a signed declaration by you both (on the form) that you have not been married (or civil partnership) ---- False declarations have dire consequences.

Regarding marriage in Anglican Church it can of course be done under most circumstances but only you and your fiancee know these. Best to discuss with your local
Church.
Sorry I am not knowledgeable enough on this area to give advice.

CoolBreeze2106
2nd November 2010, 16:20
CoolBreeze2106
Concerning evidence for COA.
You need only supply evidence if either or both had ever been married or in civil partnership before. (eg Divorce papers in English language)
Other than that it's only a signed declaration by you both (on the form) that you have not been married (or civil partnership) ---- False declarations have dire consequences.

Regarding marriage in Anglican Church it can of course be done under most circumstances but only you and your fiancee know these. Best to discuss with your local
Church.
Sorry I am not knowledgeable enough on this area to give advice.

Thanks Terpe.

Cool so the COA should be fairly simple to get hold of as long as we can get before its abolished. Maybe it would be better calling the home office to ask them what happens when the COA is abolished.

Who would have thought getting wed would involve so much, glad you only have to do this once.!

Terpe
2nd November 2010, 18:10
CoolBreeze2106
No need to call the HO.
When COA is abolished (whenever that will be) you will simply have the freedom to give notice of marriage without having to seek permission of the Secretary of State.

The COA scheme was introduced as one 'tool' to combat sham marriages. But was written in a way that discriminated against religious beliefs (other than Anglican)

If I were in your position, I would personally make the application for COA (I think no fee is being charged, and it will not be refused anyway)
With everything going on right now in government there is no way of knowing when it will be taken out of legislation.

Unless, you can find a way to marry in an Anglican church! (also not without it's twists and turns)

CoolBreeze2106
2nd November 2010, 19:24
CoolBreeze2106
No need to call the HO.
When COA is abolished (whenever that will be) you will simply have the freedom to give notice of marriage without having to seek permission of the Secretary of State.

The COA scheme was introduced as one 'tool' to combat sham marriages. But was written in a way that discriminated against religious beliefs (other than Anglican)

If I were in your position, I would personally make the application for COA (I think no fee is being charged, and it will not be refused anyway)
With everything going on right now in government there is no way of knowing when it will be taken out of legislation.

Unless, you can find a way to marry in an Anglican church! (also not without it's twists and turns)

Cool thanks for your advice Terpe we will do that then. Youre right no fee at the moment too.

This forum is a wealth of knowledge. :xxgrinning--00xx3:

joebloggs
2nd November 2010, 20:07
if you were getting married in an Anglican Church you wouldn't need a COA, but you might have problems finding an Anglican church you can wed in, if you are not a regular member at the church, the church is aware of why some people try and wed there :D

CoolBreeze2106
2nd November 2010, 20:44
if you were getting married in an Anglican Church you wouldn't need a COA, but you might have problems finding an Anglican church you can wed in, if you are not a regular member at the church, the church is aware of why some people try and wed there :D

Hopefully getting the COA shouldnt be a problem! :)