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.

Additional Details

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.