The Immigration Rules on Getting Married in the UK
Spouse Visa Solicitors sometimes think that when it comes to career choices, they probably should have chosen to become wedding planners rather than immigration solicitors as so much of their legal advice relates to weddings and marriage. In this article our immigration solicitors consider the immigration rules on getting married in the UK.
UK Online and London Based Immigration Lawyers and Spouse Visa Solicitors
For advice on spouse visa applications call the expert London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
What UK visa do you need to get married in the UK?
If you are not already married and looking for a spouse visa so you can join your husband, wife or civil partner in the UK, then you may need a visa so you can celebrate your marriage or civil partnership in the UK. To get married or to celebrate a civil partnership in the UK then if one of you is subject to UK immigration controls you may need either a:
- Fiancé or fiancée visa or a
- Marriage visa.
The UK marriage visa
Spouse Visa Solicitors say those looking to get married in the UK can get confused between the spouse visa and the marriage visa. The UK marriage visa falls within the visitor visa immigration rules and provides UK entry clearance for those who are over the age of eighteen and who want to come to the UK to get married or to enter a civil partnership or alternatively are coming to the UK to give notice of intention to marry.
The eligibility criteria for a marriage visa are:
- You are over the age of eighteen and
- You are able to give notice of marriage and to either marry or enter into a civil partnership in the UK within six months of arrival in the UK and
- You are in a genuine relationship with the person you plan to marry and
- You plan to leave the UK after you have visited for six months or less and
- You have enough money for the costs of your trip and return travel and you won't need to rely on state funds while in the UK and
- You don’t intend to make the UK your home through repeat visitor visa applications.
This visa is ideal if you have family in the UK and you want them to see you get married and then you plan to return to your home country after your honeymoon and a spot of tourism and visiting family and friends.
If your husband or wife to be is a British citizen or has settled status in the UK ( indefinite leave to remain or settled status under the EU Settlement Scheme) and you want to live in the UK after your marriage or civil partnership, then the marriage visitor visa isn’t the best immigration option for you.
To discuss your spouse visa and visitor visa options call the immigration lawyers at OTS Solicitors on 0203 959 9123.
The UK fiancé visa
If you are engaged to a British citizen or a person with settled status in the UK and you want to get married within six months of your entry clearance and arrival in the UK then the fiancé or fiancée visa may be the best immigration option for you.
The eligibility criteria for a fiancé visa are:
- You and your partner are both over the age of eighteen and
- Your partner is a British citizen or has settled status through either indefinite leave to remain or settled status under the EU Settlement Scheme and
- You have met your partner in person and you are both free to marry. (This means you or your partner are not already married or in a civil partnership and any previous relationship has broken down). In other words, your relationship is genuine and isn’t a ‘sham’ and
- You intend to marry within six months of arrival in the UK and intend to live together permanently in the UK and
- You have adequate accommodation in the UK and the means to fund yourself without reliance on public funds and
- You meet the English language requirement.
In summary, the marriage visa is only right for you if you don’t want to live in the UK after your marriage or civil partnership. If you intend to stay in the UK after your marriage then the fiancé visa is probably the best visa option for you provided that the person you are engaged to is either a British citizen or is classed as having indefinite leave to remain or settled status under the immigration rules.
Applying for a spouse visa after marrying in the UK
If you enter the UK on a marriage visitor visa then you can't apply for a spouse visa whilst in the UK on the marriage visitor visa. To secure a spouse visa you will need to leave the UK and apply from overseas for a spouse visa. If your intention is to settle in the UK then Spouse Visa Solicitors recommend that you take legal advice on your best visa options before applying for a marriage visitor visa.
If you enter the UK on a fiancé visa and you want to stay in the UK for more than six months then you must make your application to stay before your fiancé visa expires. The application will be for a spouse visa and you will need to meet the financial requirement. It is best to check spouse visa eligibility criteria before applying for a fiancé visa. For example, to see if you will meet the financial requirement or if you will be exempt from it because your partner is in receipt of certain state benefits on a prescribed list.
Spouse Visa Solicitors say that when it comes to getting married in the UK and applying for a spouse visa it is best to be organised and to have an understanding on the UK immigration rules on getting married in the UK before you make the decision to marry in the UK.
UK Online and London Based Immigration Lawyers and Spouse Visa Solicitors
Need help with your marriage visa , fiancé visa or spouse visa? If so, call the Spouse Visa Solicitors at OTS Solicitors on 0203 959 9123 or contact us online.