I am thinking to marry her in scotland to avoid the paperwork. Does this give her any right to stay in the UK with me? I am considering going back to china with her and then apply for a marriage or fiancee visa once there to re-enter the uk but I am concerned that because she is currently here with an expired visa she will be rejected any future requests to enter the UK. As a worst case I would move to china with her but I am worried we will never be able to come back. Hope someone can help me who may know a little more or actually have experience of this - Thanks.
2007-01-26 10:32:52 · 11 answers · asked by Luke 1 in Politics & Government ➔ Immigration
I should have added. She had her application refused because the solicitor that she had dealing with this for her failed to provide extra information requested by the home office she therefor has been refused. When this was chased up the home office said that because it wasnt her fault they would allow her to re-apply. problem being in the mean time the college she is studying at have refused to support her in her application because they believe they may be in trouble because she is without the visa - it is a complicated situation and I should point out that this has evolved over several months.
2007-01-26 10:54:17 · update #1
What is she still doing here if her visa has expired,surely now she is an illegal.
2007-01-26 10:42:01 · answer #1 · answered by Anonymous · 3⤊ 0⤋
She would need permission from the Home Office to get married in UK, which would certainly be refused even if she had a valid visa - there may be an exemption for marriages in the Church of England. Normally she should return to her home country and apply to come as a fiancee - also could be refused - or yo could get married over there. Even then, they will refuse to allow her to come if they think it is not a genuine marriage, or if you cannot show that you could support and accommodate her without relying on benefits, council housing, etc. The rules are the same in Scotland.
Having had an application rejected does not mean that future applications should not be considered properly - but they may query whether her main goal is just to find some way to stay in UK; and they may consider her immigration history, ie whether she has abided by the terms of previous visas.
Sorry to say, this is a very tough situation, you need to be very sure about your commitment to each other. If you are prepared to live in China, are you learning Chinese? Have you contacted the Chinese embassy about their visa requirements?
You should go together to a Law Centre, Citizens Advice Bureau, immigration solicitor, or OISC regulated immigration advisor for more guidance. As a last resort, if there are exceptional circumstances, your MP may be able to assist; it would be helpful then to have support from your family, etc.
Good luck!
2007-01-26 23:35:41 · answer #2 · answered by Anonymous · 2⤊ 0⤋
Hmm, don't quote me on this but I think she may have to leave the country as it's quite difficult to change the 'type' of visa that you're on when you're still in the UK. If you need to apply on her behalf - either for a fiancee visa or a marriage visa, I'd imagine she will need to leave the country first.
Maybe have a look at something like - http://www.workpermit.com/uk/fiance.htm and the gvt website has quite a useful FAQ section here - http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1106654124706
The fact that her current student visa has expired is obviously an issue re getting back into the UK so I'd suggest you get some proper legal advice asap, so you know where you both stand. You can then also find out if you getting married would allow her to stay, despite her expired student status.
2007-01-26 10:57:58 · answer #3 · answered by Pumpkin 2 · 2⤊ 0⤋
I dont beleive one word you are saying,She is illegal without a Visa as such she will be deported,Scotland is part of the UK,the Home office would never give a reason for non issue of a visa.You have tried to buck the system and failed.
However it is obvious you are in Love and file another application on her returning to China.Along with a covering letter without the lies..quite possible you will get a Fiancee Visa..best of luck and remeber once again play it straight.
2007-01-29 14:46:13 · answer #4 · answered by realdolby 5 · 0⤊ 0⤋
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2016-05-01 22:13:26 · answer #5 · answered by mammie 3 · 0⤊ 0⤋
If you are an american citizen yes...Get marry any court house just need a form of Identification...Wait to get the marriage certificate in about 30 days or maybe 45 days after marry and then You have to fill an application to make the petition because you are Ame citiz...And then after you have send it 30 days to 45 days later dshe will get an a work permise...the whole processe will take 1rst day you send the application to 6-9 months for her to became and Legal Residence thats all...Good luck!!! By the way you have to prove income for the past 3 years not less the 12,000.00 to be eligeble to make the petition is a prove that you can support her here in the US
2016-05-24 03:12:35 · answer #6 · answered by ? 4 · 0⤊ 0⤋
call the home office. she should have left uk before her visa finishes.. yes its very hard for her to get visa now cause she lived in uk illegal
2007-01-26 23:10:34 · answer #7 · answered by \ 5 · 1⤊ 0⤋
Then go a head and get married, and of course you know that her visa have to be renewed of else she will be in the country illegal, so please marry her and then you will be entitled to have the proper papers done for her and she might not even need the student visa, so the best of luck to the both of you.
2007-01-26 10:42:19 · answer #8 · answered by maria fkun 4 · 0⤊ 3⤋
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2017-02-17 12:14:31 · answer #9 · answered by ? 4 · 0⤊ 0⤋
Well judging how the Liberal UK politicians have thrown open the doors to the flood of Islamic Fascists and Muslim fanatics that have taken over your great nation...you should have no problem marrying a lovely Chinese national...I sincerely wish you the best.
As for the Islamic abomination in your midst ... "God Save The Queen"!
2007-01-26 10:43:49 · answer #10 · answered by baltic072 3 · 1⤊ 5⤋