Cover Coa

Need advice for British Visa application?

Hope someone could give us some useful advice to help us. Here is our situation.
My wife and I just married and are planning to apply for FLR for my wife in order to stay with me in UK. However before we got married, as she is non EU citizen, We had to apply for COA (Certificate of Apprival). The application for COA took much longer time than we expected, it took more than 2 months. While waiting for COA, her visa expired, as we didnt know what to do, we just had to go ahead with our marriage plan. Now we are officially married, but now we are quite scared and afraid because we need to extend her visa with the expired visa. Can anyone tell us if it is possible to do it here. What do we need to prepare for her visa application? Maybe a cover letter to explain why her visa was expired? Do we stand a chance to get her visa extended without losing 500 pounds?

Need you help, we will be grateful:)

I am a little surprised that you got a CoA as the guidance states that you must apply for a CoA at least three months before your permitted stay in the UK runs out. Even if it took two months to process, your wife should still have had a clear month left on her existing visa. It should not have run out while it was being processed and this should have been spotted by UKBA.

I think this is a case where you must consult a lawyer as technically she is now illegal, unless someone on here has had specific experience of this problem and can give you definitive advice.

An application for a CoA does not give you the same protection from being illegal as a visa application, in that as long as the application is submitted prior to expiry of leave to remain, you can consider yourself legally resident until a decision is made on your application. On the other hand you were granted a CoA despite the fact that the visa was expiring or expired. (Check the dates of the CoA against the visa expiry).

A lawyer will know what chance you stand of being granted a spouse visa without having to leave the country and will be better equipped to present your case. BTW don’t worry about the overstay if she does have to leave and apply from outside the UK. The ban on reentry after an overstay does not apply to spouse visa applicants.

Make sure that you use an OISC registered lawyer.

http://www.oisc.gov.uk/

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