Married

[Need_advice2]

Hi all,

I need bit of guidance long story short I am British citizen and got married in June 11 in UK. I would like my husband to change his visa status at present on student visa; his visa runs out in end of September 12.

We had Islamic ceremony (nikka) done and had big wedding. However I have been advised by Marriages and Civil Partnerships that our Islamic marriage is not recognised & we need to go into registry office give 15 days’ notice and get married according to UK law, which we are happy to do.

My questions are:

1. If we get married in registry office how many pictures do we need as prove of our marriage? We planning to simply give notice and then sign papers so there will only be two witness and maybe 2 friends.

2. If Islamic marriage is not recognised in UK do we need to mention it on application form? Don’t think we can use the old wedding pictures?

3.What problems do you think we can face when applying for visa?

4. How much saving do we need to show in our bank account?

5. I am home owner have a decent job with decant salary - unfortunately we don’t have any savings as we spent it all on our dream wedding.Salary is enough to cover for mortgage, council tax, food & bills.

6. How long is the Visa processing time?

7.How much is visa fee?

I look forward to get some responses.

Thank you all

[John]

We had Islamic ceremony (nikka) done and had big wedding. However I have been advised by Marriages and Civil Partnerships that our Islamic marriage is not recognised & we need to go into registry office give 15 days’ notice and get married according to UK law, which we are happy to do.

It might not be a legal marriage but I think it is worth checking! I say that because my understanding is that some Mosques have registered with their local Register Office, and thus are able to conduct a ceremony that not only has religious significance but also legally valid.

However I also understand that most Mosques have not registered.

So please describe the marriage certificate that has been issued to you. What does it look like? What does it say? (Without quoting any names!)

[Need_advice2]

The certificate which is issued by a local mosque has its name, ending with (Reg) with their address. Rest are normal details of groom/bride/ two witness, signature and the mosque stamp. Obviously with the date of marriage took place & serial no.

I believe (Reg) at the end of mosque name is for mosque registration rather than they register with their local register office.

[John]

I agree, I do not think that UK law considers you legally married. If the Mosque did not point this out to you, well I would be disappointed by that.

So the two of you need to give the necessary Notice of Intention to Marry at a Register Office, and then after that is posted publicly for 15 days, proceed to get legally married. It does not need to be a big ceremony. Just two witnesses are required.

Following the legal marriage your husband should use form FLR(M) to get a 2-year spouse visa. That application must be made before the expiry of his existing visa, and preferably soon after the legal marriage.

I am home owner have a decent job with decant salary - unfortunately we don’t have any savings as we spent it all on our dream wedding.Salary is enough to cover for mortgage, council tax, food & bills.

Accordingly there should not be a problem getting the spouse visa. As regards whether to mention the religious wedding on the application form, well no, but no harm in mentioning it in a covering letter, and enclosing photos from that religious wedding.

[Need_advice2]

Thank you John for your help, the imam/mosque didn’t mention anything about registry. I will book an appointment and take it from there. I will keep this post updated with my progress and questions, maybe someone can benefit from my experience.

[John]

Thank you John for your help, the imam/mosque didn’t mention anything about registry

I really do think that is very wrong, for the Mosque not to warn you that the marriage was not legally valid.

As an aside on this! My wife and I got married in Thailand, and in Thailand it is totally clear that a "mere" religious wedding is not a legal marriage, whatever the religion. We wanted a big religious wedding but the Pastor of the Christian Church where we would get married made it very clear that he would not conduct the religious wedding service unless we were first legally married, and could prove it!

So on a Monday we got legally married at an Amphur (Register Office) and on the following Saturday we had a big religious wedding. Indeed the Marriage Certificate as issued at the Amphur was rolled up as a scroll, and ceremoniously carried into the Church at the start of the wedding ceremony!

Such a shame that the Mosque does not insist upon the same policy, insistence upon a legal marriage happening before the religious ceremony is performed.

[Need_advice2]

I agree with you – I think in this case mosque should not only be teaching us Islamic law but also be making people aware of country (UK) law – there are few weddings performed by same imam from mosque in my family so I guess it is okay for me to assume that none of them are legal according to UK Law. Maybe main objective for mosque is to perform marriage according to Islamic law.

Is this notice to registry office is only required if one of spouse are not British citizen or all nationalities needs to do?

I wanted to take my husband surname free of charge (off course) that’s how I came across this last year and secondly now I want my husband to change his status so we can start a family. If only then we knew we could have had the registrar coming in same time as Imam. I am not saying it is entire their fault but our fault as well for not looking into this properly.

[John]

Is this notice to registry office is only required if one of spouse are not British citizen or all nationalities needs to do?

With the exception I mention below, any couple wishing to get married in the UK needs to give Notice of Intention to Marry at a Register Office. And if you go along to any Register Office you will see lots of notices posted for public display.

The exception? Special rules apply to those wishing to marry in a Church of England Church, instead of needing to go to the Register Office, banns need to be read in Church on three different Sundays. These rules only apply to Church of England Churches, and not to any other denomination.

there are few weddings performed by same imam from mosque in my family so I guess it is okay for me to assume that none of them are legal according to UK Law.

I think you should have a talk to those couples. After all there are consequences to them not being legally married. For example tax consequences, and inheritance consequences.

[Need_advice2]

Just to update from my previous post – Husband and I went to registry office and gave 15 days’ notice and got married end of March at registrar office with two witnesses present. Now my partner is ready to apply for spouse visa (as he is on student visa and I am British citizen) – after going through FLR(M) form we have below questions and would be grateful if someone can help us please:

1) English language test – my partner is in final semester of Master course (which was for 2 yrs.) in UK and his results are due in July 12. The question is if we apply now does he need to take English test or needs letter from university confirming that his English level is above the required level?

2)Bank statement – does my partner need to provide bank statement? He is not working and doesn’t maintain any funds in his bank account. On other hand I am working full time and have regular income BUT no savings. I can supply pay slips to proof my employment/earning. I have seen from number of posts on board stating that you need regular income rather than savings is this correct? Also I find on this board that we need to have £420 per month (£105 week) left in bank account after mortgage and council bill deductions. Where do I find information on this policy? Do they consider level of loans/credit card bills against the income? Any other information about maintenance funds required will be highly appreciated.

3)6 items of correspondence – we believe this is only required for unmarried couple living together – is this correct?

4) Islamic marriage certificate – We were married according to Islamic law before our legal marriage, do we need to send the Islamic marriage certificate (even though it is not recognised by UK Law) with the new issued certificate by registry office.

5)We didn’t take many pictures at registry office but have professional pictures/wedding films for Islamic wedding. We are planning to send Islamic marriage pictures – how many photographs are enough as evidence?

6) Home owner – I am home owner (3 beds) with mortgage I am not sure how to provide evidence of this and what is acceptable?

7)We have heard that new law is coming in June this year for income to be £27,500 is this income is before tax and NI or after? What is the minimum income at current?

8.) I have noticed that many people are sending CVs with their application. I am not sure why (maybe proof of future employment potential)? But do we both need to send our individual CVs? Even though I am employed by FTSE 100 Company since 2008.

9) Supporting statement – as a sponsor what type of information I should include in this statement. Do I need to write a separate sponsor letter stating that I will support my husband financially?

10) We are living in London and my partner is studying in Leeds. Usually he is staying in Leeds for 2/4 week days at his friend’s place. I think they will be wondering how we maintain our relationship. What type of evidence we need to provide? We have travel tickets. Does he need letter for his rental place?

11) There is a question on certificate of approval for marriage – we did apply for this but it was abolished month after we applied for it & documents were returned (this was before the Islamic marriage) I am not sure whether to say YES or NO. I am thinking ticket yes (as we did apply for it) and explain in details in the supporting statement. But as we were never granted due being abolished I am thinking I should ticket NO.

12) Do we need to provide evidence when we start living together? We have been living together for 10 months (after Islamic marriage).

13) Public office – we are thinking to apply through PEO. The question is do they return the original document there and then. Also how long do they take to make a decision? Do they give us BRP appointment letter? Do you think it is good idea to apply in person?

14) I notice that many people are sending lot of documents as support of evidence which I don’t find listed on the forms (section 11 - documents) – we are not sure what other documents I should provide them apart from listed below:

• Passport size photographs (2 for partner & 1 for me)
• Current passports
•Evidence of finance – my pay slips/bank statement/pay increase letter due in May 12.
• English language test – not sure what to send here?
• Marriage certificate – UK Law marriage certificate
• Wedding picture/venue booking letter/copy of invitation card all this will support our Islamic marriage
• Copy of utility bills
• Ownership of house – not sure what to send here – maybe mortgage letter
• Sponsorship letter – stating that I am willing to support my partner
• Supporting statement – explaining some of key points
• Need some evidence of he is coming home over the weekend (national express tickets) how many months’ worth ticket we should send?

Many thanks in advance for your help.

[Need_advice2]

Can someone please help us!!!

[Greenie]

Can someone please help us!!!

be patient - you are asking a lot of questions. If you want a quick answer then seek legal advice.

[ElenaW]

Ok I started answering your questions but then got p*ssed of because you didn't do any research. Your questions have been asked 100's of times on here. Use the search function.

Also if you're trying to apply for flr(m) and are not living together, you will not be approved. Sort that out first.

[Need_advice2]

I am sorry - I didn't think one person will answer all the questions. i know people are busy so I thought everyone will pick and choose. no need to get touchy. I did my research and have read many posts here - as things are changing i don't know what is valid here and what is not...

We are living together but obviously he needs to attend university (which is the main reason he is in this country).