APPLYING FOR FLR(M) after VISA has expired

I  had my coa a day before my leave to remain was abt to expire and i applied for an extension of my current visa which is a working holiday,but my application was returned since the payment did not go thru.I now have just a week to my wedding day .Should i send my application back to extend my stay or should i wait till after my marriage and apply using flr(m) since i will be having my marriage cert by then.By the time my application was returned my leave to remain had expired.Additionally as at the time i applied for my coa i had 3months and a week but my application was returned  because payment did not go thru, and as at that time i had 2months 3weeks left on my visa.i was made to send other documents before my coa was issued just a day b4 my leave to remain expires. HOPE TO HEAR FRM U SOON :\\\'(

You need to contact a professional visa advisor right away.  You've become an overstayer, which means that your FLR(M) will likely be refused.  You must get this dealt with now or you could have loads of trouble in the future.   

http://www.medivisas.com   

my coa was issued just a day b4 my leave to remain expires. HOPE TO HEAR FRM U SOON :\\\'(

It's a type of non-question you're posing.  If the registrar is up to scratch, they will first look at your unspent leave and then at your COA.  When they observe that you are out of time, they will refuse to conduct the ceremony, which means no marriage certificate, which in turn means no grounds for FLR.  If they do conduct the ceremony, they will get a nasty letter from UKBA, and UKBA will refuse your application on the grounds that it is out of time and FLR applications need to be made with unspent leave.

So I'm not sure an adviser is of much help, an adviser cannot get you FLR if you don't qualify; and based upon what you've written, you will not qualify.   In all events, you should be able to confirm your status and options at your local CAB for free.  You can also try the Community Legal Service http://www.communitylegaladvice.org.uk/en/directory/categories.jsp

So I'm not sure an adviser is of much help, an adviser cannot get you FLR if you don't qualify; and based upon what you've written, you will not qualify.

I think though, for us laypeople, that is the best comment to make, because obviously the poster is overstaying a visa and that becomes a complicated situation which we cannot really address here.  In addition, being a working holiday maker means that they are coming from outside of the US and we tend to only have the experiences to share with people from the US, though we welcome anyone.

  If the registrar is up to scratch, they will first look at your unspent leave and then at your COA.  When they observe that you are out of time, they will refuse to conduct the ceremony,

That's not true.  As long as an applicant has the COA, the registrar will marry them, regardless of their immigration status.  That is the point of the COA, and following the JR last year (or was it the year before?) even people with no status (illegal entrants, overstayers etc) are being granted COA's and are being married.

In some cases it is possible to apply for spousal visas as an overstayer - <claim removed>.  But the chances are that if you wait in the UK and apply on FLR (M) once your visa has expired that you will be refused and that you would have to try at appeal.  We are seeing a drastic change in policy on this, as applications used to be approved if the period of overstay was less than 28 days.

I don't really see a point in trying to extend your stay.  I'd be happy to discuss other options, including the one that hasn't yet been mentioned of staying to get married and then leaving to go home to apply for a spousal visa. I think that the main point of speaking to an advisor is so that you can discuss all the options open to you, which a community legal advisor may not think of.

Vicky

Thanks so much for your advice,VICKY.How do i send u a private message or contact u.

You can e-mail me on victoria.sharkey@medivisas.com


Vicky

Personal remarks have been removed.

It's important to remember that last year all the Registry Offices in the UK were taken away from their former owner, the Office of National Statistics, and given a new home under the Identity and Passport Service (IPS). 

Since that reorganization, a whole lot of changes have taken place including new guidance for marriage registrars.

Those seeking information about what a Marriage Registrar will and will not do; or those wanting to know the guidance they receive, should simply call their local registrar.  Get them on the phone and ask them!

The Westminster Marriage Registrar is at 020 7641 1162.  As with any call to a government desk, it's information roulette.

Meanwhile we need to continue monitoring the new guidance as it is published so that we'll always be up-to-date.

Specifically call a registrar who is designated to deal with marriages where one person is subject to immigration control.  Many local offices in rural areas will not be.  There are 76 of these nationwide.

http://www.gro.gov.uk/gro/content/marriages/where-can-i-marry/civil--marriages.asp



Vicky