Getting married and I am an overstayer

[ant404]

hi to all here on this fantastic forum.me and my gf found this website after a heated discussion about our intention of marriage and her application for a spouse visa. She is currently an overstayer of 3 weeks on student visa due to our decision to marry before she returns to the Philippines. We have alredy received a COA (Certificate of Approval) for marriage and now waiting for our wedding date at the Register Office. We are wondering what the implications of her overstay on our application for a spouse visa? and will the Home Office accept our application within the UK? As we both would prefer that she didn't go back to the Philippines. If anyone has any insight we've read many posting and found them very helpful however, none have applied to our specific situation. Thanks and keep up the good work!

[bornatbirth]

can i ask why you had a heated discussion? ie argument just being nosy

i think its best before you plan to marry or do anything that you get the advice from other forums members first!

i think she may need to go back to pi and apply for visa from there?

good luck

[aromulus]

Better she goes back and pray that her passport doesn't get stamped on exit.....

[KeithD]

Better she goes back and pray that her passport doesn't get stamped on exit.....

99% It won't be, we still have a very limited border control on exit regardless of what this muppet government have been saying.

With regards to the subject matter, she is now an illegal immigrant, and can be arrested and deported at any time, and the Border Agency will be well aware of this, but they are unlikely to have the staff to do anything about it.

Getting a COA is not authorisation to marry here as it is basically an automated process, your visa is the official measure of the rules you are bound to while in this country, and as your fiancee has no valid visa, she has no right to marry here, and if she does, the marraige can/may be annulled by the authorities, as well as deported, and blacklisted from the UK.

We do not like law breakers on this forum, as it screws the system up and makes it harder for all those who abide by the law, and I rather gather your post has annoyed a lot of folk here.

The lawful way to do this is for your fiancee to go back the Philippines ASAP and hope her passport is not stamped on the way out. She should have asked for a change of visa status from Student to Fiancee when she had a valid visa.

As soon as she arrives back in the Phil, put the visa application in straight away, and she'll be back in the uk in 1-3 months...LEGALLY.

[Mrs.JMajor]

Getting a COA is not authorisation to marry here as it is basically an automated process, your visa is the official measure of the rules you are bound to while in this country, and as your fiancee has no valid visa, she has no right to marry here, and if she does, the marraige can/may be annulled by the authorities, as well as deported, and blacklisted from the UK.


As soon as she arrives back in the Phil, put the visa application in straight away, and she'll be back in the uk in 1-3 months...LEGALLY.

I delete my post, after I read this....If the wedding is already planned, whether you like it or not sounds you need to cancell it

[Tawi2]

Friend married an overstayer,went back to Pinas on honeymoon(found out once they got back to Laguna she already had a hubby and kids)took him over a year to get her back to the UK The last time I had a "Heated discussion" with anyone he head-butted me to try and get the advantage Didnt go that far did it

[Sim11UK]

I know you have only just found this forum, but you will find the majority on here have had to spend months away from their loved one.

We'd all like not to have to do this, but it's the only way.
The sooner she goes back the better...You know, a few months really isn't such a long time, in the great scheme of things...Better to do it properly.

Please... whatever you do don't ignore all advice given.

Welcome & goodluck

[joebloggs]

she will probably be refused FLR, and there is no right of appeal against refusal if the applicant does not have leave to enter or remain at the date of application. This is because it is not possible to vary leave that a person no longer has. , always apply for a new visa b4 your old one expires.

maybe be best if you goto your local law centre and ask for some free advice, but looks to me she will have to go home and apply for a settllement visa

[Tawi2]

Always best going the legitimate route mate,pays dividens in the long run,read the stories of some people on here,then think the reason they have gone through so many trials is because of the TNT's spoiling it for the genuine applicants

[irobot]

Irobot...." Sunny... Different From The Rest... "

Hi there ant404 .... Welcome to the forum...

[eljean]

We can't really give any good advice regarding that kind of situation coz majority here went through the painstaking way of visa processing we haven't heard any success story like an overstay person and got married and got a FLR then ILR,just like what other said you have to do it the right way