Tier 4 to Spouse Visa

[sadiqkhans1]

Hi,

I am currently on ILR and have recently been married. My wife is in the UK on tier 4 visa expiring Nov 2020. We had our wedding back in Pakistan. Now both of us are back in the UK. I have the computerized NADRA marriage certificate to proove our marriage and we both live together (I have her name on council tax bills , diving license etc).

I recently heard in order for me to be able to apply for her visa, we have to either register our marriage in the UK which takes around 60-70 days or she has to back to Pakistan and apply from there. Is this correct?

I thought it was possible to get her to switch her visa from within the UK from tier 4 to Marriage without having to register the marriage here which takes ages.

Can someone please help?

[CR001]

You "heard" wrong.

There is no requirement to register a foreign marriage in the UK. If it is recognised and legal in the country it was performed and you have all the legal docs and registration etc, then ho accepts that.

[sadiqkhans1]

Hi CR001,

Many thanks for your response.

My wife's Tier 4 started in Jan 2019, and We got married in Dec 2019 in Pakistan. We came back to the UK in Jan 2020.
Her visa expires in Nov 2020. And I am on ILR.
I am planning to apply her visa next month. Its just that I am afraid that because she and I were both living in the UK prior to getting married, the HO will require us to register our marriage here or be suspicious about our application as to why we didnt get married here in the uk etc.

Am I being paranoid or is this a valid concern?

[CR001]

You are being paranoid!!

[seagul]

Read more in detail:

2. Marriage overseas
2.1 For a foreign marriage to be valid in English law, the following conditions must
normally be fulfilled:
• The marriage ceremony must be recognised as a valid form of marriage by the
law of the place of celebration (mixed marriages and "common law" marriages
are sometimes excepted - see paragraphs 9-10 below)
• Each of the parties to the marriage must have the capacity, under the law of the
place where he or she is domiciled at the time of the marriage, to marry the other
party in the manner proposed (see DOMICILE)
• Any previous marriage of either party must first have been validly terminated in
the eyes of English law (but see paragraph 8 below

https://assets.publishing.service.gov.u ... rriage.pdf