Marrying Non-EU citizen, how to go about it

[nemo999]

Hi,

I am a British citizen living in UK.

2 months ago I came in contact with a girl from outside EU (India) and we talk (whatsapp/ skype) on a daily basis and we like each other.

She has visited UK 3 times (2 times on visit visa and once as a full time student) and also holds a masters degree from UK university.

Most modern relationships start online, we are no exception and people decide to meet and see each other in bone and flesh.

After few months , she is planning to travel to UK to meet me and her brother who also lives in UK. ( Primary reason of her would be visiting her brother and she would get a visitor visa on that basis) .

Once she is here, we will meet and see how it goes.

If things go really well, we may think about giving notice of marriage to the local council and then get married after the notice period.

My queries

a) Can we give notice of marriage while she is here to visit her brother on a visitor’s visa?
b) If thing go well, What would be the best way of getting married to her?
c) Would she need a marriage visa or will the visitors visa be sufficient in this case?


Please suggest.

[Casa]

Officially, the Home Office do not permit someone who has entered on a visitor visa to marry while they are in the UK. However, under recent tightening of the Regulations, technically you can give notice (only) to marry at a Home Office designated Registry Office but the Registrar has a legal obligation to notify the authorities when the marriage involves a foreign national. This means that the Home Office can extend the notice period from 28 to 70 days and interview you both before the marriage can take place. The interview may not go well if your 'girlfriend' has entered on a visitor visa with the possible intention of marrying while she is here.

You could apply for a marriage visitor visa but:
1. You would be expected to have met in person.
2. This would assume that you have already made the decision to marry within 6 months of the visa issue date.
3. She would have to leave the UK before the expiry of the visa and wouldn't be able to switch to any other category from within the UK.

As an additional point for future reference, do you earn a minimum of £18,600 per annum?

[nemo999]

Officially, the Home Office do not permit someone who has entered on a visitor visa to marry while they are in the UK. However, under recent tightening of the Regulations, technically you can give notice (only) to marry at a Home Office designated Registry Office but the Registrar has a legal obligation to notify the authorities when the marriage involves a foreign national. This means that the Home Office can extend the notice period from 28 to 70 days and interview you both before the marriage can take place. The interview may not go well if your 'girlfriend' has entered on a visitor visa with the possible intention of marrying while she is here.

You could apply for a marriage visitor visa but:
1. You would be expected to have met in person.
2. This would assume that you have already made the decision to marry within 6 months of the visa issue date.
3. She would have to leave the UK before the expiry of the visa and wouldn't be able to switch to any other category from within the UK.

As an additional point for future reference, do you earn a minimum of £18,600 per annum?

Hi Casa,

Thanks for the prompt reply, Yes I do earn more then £18,600 ( I am director and 100% shareholder of my limited company , annual turnover about 100K)

So based on the response, I think,

a) I should meet her in UK , see if we genuinely like each other in real world.....if yes,
b) take proof (photos and shopping / restaurant receipts ? visit to tourist attraction tickets? ) that we have met in person and let her go back to her home country.
c) Then after some time, apply for UK marriage visitor visa for her
d) She will travel to UK on marriage visitor and we serve the notice of intention marriage in local council in UK.
e) let home-office do their job properly (i.e. satisfy the relationship is genuine)
f) if they (council +UKVI) say yes, get married here in UK. If they say no, go to India and get married there.
g) If we get married in UK, she goes back to India and applies for dependent visa and return on dependent visa.
h) If we get married in India, she applies for dependent visa in India and join me in UK on dependent visa.

How does this sound? I know its not the most straight forward solution but more of a realistic plan?

Do we agree?

[Casa]

Officially, the Home Office do not permit someone who has entered on a visitor visa to marry while they are in the UK. However, under recent tightening of the Regulations, technically you can give notice (only) to marry at a Home Office designated Registry Office but the Registrar has a legal obligation to notify the authorities when the marriage involves a foreign national. This means that the Home Office can extend the notice period from 28 to 70 days and interview you both before the marriage can take place. The interview may not go well if your 'girlfriend' has entered on a visitor visa with the possible intention of marrying while she is here.

You could apply for a marriage visitor visa but:
1. You would be expected to have met in person.
2. This would assume that you have already made the decision to marry within 6 months of the visa issue date.
3. She would have to leave the UK before the expiry of the visa and wouldn't be able to switch to any other category from within the UK.

As an additional point for future reference, do you earn a minimum of £18,600 per annum?

Hi Casa,

Thanks for the prompt reply, Yes I do earn more then £18,600 ( I am director and 100% shareholder of my limited company , annual turnover about 100K)

So based on the response, I think,

a) I should meet her in UK , see if we genuinely like each other in real world.....if yes,
b) take proof (photos and shopping / restaurant receipts ? visit to tourist attraction tickets? ) that we have met in person and let her go back to her home country.
c) Then after some time, apply for UK marriage visitor visa for her Better to apply for a fiance visa & she won't need to leave the UK after the wedding, but would switch to spouse from here on form FLR(M).
d) She will travel to UK on marriage visitor and we serve the notice of intention marriage in local council in UK. See answer C
e) let home-office do their job properly (i.e. satisfy the relationship is genuine) Not applicable if entered on a fiance visa
f) if they (council +UKVI) say yes, get married here in UK. If they say no, go to India and get married there. See answer e
g) If we get married in UK, she goes back to India and applies for dependent visa and return on dependent visa. See answer C
h) If we get married in India, she applies for dependent visa in India and join me in UK on dependent visa. If you marry in India, she would apply for a spouse settlement visa VAF4a

How does this sound? I know its not the most straight forward solution but more of a realistic plan?

Do we agree?

[nemo999]

Thanks a lot casa.

This is very useful, I didn't know much about fiance visa. but it appears to be much better than marriage visitor visa!

I will do further research into this.

Thanks a million!

[Mom_ato]

Out of interest
My application has been refused as I did not submit enough evidence to support my application, ie include my partner. Some of these evidence were submitted with the pre-action protocol but wasn't considered. The case was dismissed in the UT with recommendation to make a fresh application to include my partner.

Solicitor said my case is week as I do not have up to date evidence of the relationship.

We have decided to get married now and have made an appointment at the register office. The register said we will be interviewed separately on the date we were given and will contact the home office as I am subject immigration control.

This is a genuine relationship although we do not live together.

• Has anyone been to an interview and can shed some light on this?
  What are the type of questions asks?
  When does HO change the notice period from 28 days to 70 days? is it if your answers don't match?

Please share your knowledge

Thanks

[Casa]

Mom_ato please don't high jack another member's thread, apart from it being unfair to the OP the whole thread will just become confusing. Your query bears no relation to this situation.