Visitor and Marriage

[zahid.ali.anwar]

Hi,

Is it possible to come to UK on visitor visa and then get married here and then go back and applying for entry clearance from India.

Thanks,

[Casa]

Yes, although technically you should apply for a Marriage Visit visa. If the immigration officer at UK passport control suspects the intention is to marry and not simply to visit, they could refuse entry.

[zahid.ali.anwar]

Yes, although technically you should apply for a Marriage Visit visa. If the immigration officer at UK passport control suspects the intention is to marry and not simply to visit, they could refuse entry.

Thanks Casa,

So you can actually get married on visitor visa. Now, isn't this breach of your visitor visa conditions and leads to problems when applying for Spouse entry clearance visa? The Link of UKBA website says that

You must be able to show that, during your visit, you do not intend to:

*. take paid or unpaid employment, produce goods or provide services, including the selling of goods or services directly to members of the public;
*. do a course of study;
*. marry or register a civil partnership, or give notice of marriage or civil partnership;
*. carry out the activities of a business visitor, a sports visitor or an entertainer visitor; orreceive private medical treatment.

It seems the point three above is one of the condition on your visa and breeching it might create problem or even, one is unable to get married or register his/her marriage. Can you please direct me to IDI on visitor visa condition.

[geriatrix]

If someone wishes to come to UK to marry (but not to settle thereafter) s a visitor, he/she should apply for entry clearance as "special visitor: marriage / civil partnership visit" (56D - 56F).

[zahid.ali.anwar]

If someone wishes to come to UK to marry (but not to settle thereafter) s a visitor, he/she should apply for entry clearance as "special visitor: marriage / civil partnership visit" (56D - 56F).

Noted the separate category for fiance and marriage visitor.

My question is, Is the person on family visitor visa allowed to get married in UK? If he/she married here on family visitor visa, isn't this breach of his/her visa conditions? Will this have any implications once applying for a Spouse visa from India?

Secondly, if a person come here on marriage visitor visa, will he/she be able to change to spouse visa in country, provided the sponser meets all the spouse visa requirement OR he/she has to go back and apply for entry clearance again.

[geriatrix]

Immigration rules for general visitor and family visitor are the same (40-46) and rule 41(x) states the following:

does not, during his visit, intend to marry or form a civil partnership, or to give notice of marriage or civil partnership;

So, if one does marry in the UK when here as a general / family visitor then he/she will be in breach of immigration conditions and this may affect future entry clearance application.

Requirements for extension of leave as a general / family visitor are given under immigration rule 44.

[zahid.ali.anwar]

Immigration rules for general visitor and family visitor are the same (40-46) and rule 41(x) states the following:

does not, during his visit, intend to marry or form a civil partnership, or to give notice of marriage or civil partnership;

So, if one does marry in the UK when here as a general / family visitor then he/she will be in breach of immigration conditions and this may affect any future entry clearance application.

Requirements for extension of leave as a general / family visitor are given under immigration rule 44.

Thanks, everything is clear now...

[geriatrix]

It isn't over yet! Rules have become complex and it takes while to sift through the minute details .... good news follows!

Further to the above, I do not see any requirement under either Appendix FM or under Part 9 of the immigration rules that states that an entry clearance application as spouse of a settled person / British citizen can be refused if the applicant has been in breach of immigration rules in the past.

So, unless someone can correct me with reference to the relevant rules, IMHO, even though marrying in the UK when here as a general / family visitor is a breach of immigration conditions but this will not affect entry clearance application as a "spouse of settled person / British citizen".

[zahid.ali.anwar]

It isn't over yet! Rules have become complex and it takes while to sift through the minute details .... good news follows!

Further to the above, I do not see any requirement under either Appendix FM or under Part 9 of the immigration rules that states that an entry clearance application as spouse of a settled person / British citizen can be refused if the applicant has been in breach of immigration rules in the past.

So, unless someone can correct me with reference to the relevant rules, IMHO, even though marrying in the UK when here as a general / family visitor is a breach of immigration conditions but this will not affect entry clearance application as a "spouse of settled person / British citizen".

I forgot to ask the question, is it possible to change from fiance/marraige visa to spouse visa in country.

[geriatrix]

One cannot switch (extend in-country) from "marriage / civil partnership visitor visa" to family route.
One can switch from "fiance / proposed civil partner" visa to "spouse / civil partner" leave to remain.

[zahid.ali.anwar]

One cannot switch (extend in-country) from "marriage / civil partnership visitor visa" to family route.
One can switch from "fiance / proposed civil partner" visa to "spouse / civil partner" leave to remain.

If some one is on fiance visa, come to UK and get married here. If the Husband/Wife, who is the sponser, is earning more than £18,600 a year in UK. Do they still have to show a cash saving of £16,000 kept in their account for the past 6 months?

[MPH80]

No - no need if they are earning over the threshold.

[sherryw]

Hi,

Is it possible to come to UK on visitor visa and then get married here and then go back and applying for entry clearance from India.

Thanks,

I am exactly in this awkward situation now

My husband was on general visitor visa when we got married here last year, completely innocent, because we only knew that HO has abolished that COA ( so cheered after this news) but didnt know that HO has made another new type of visa for marriage (because he has always applied for general visitor visa 3 times before)

He went back to work and now he wants to apply for spouse visa next month, I am very concerned if he will be rejected because of breaching the rules as visitor.

I have indefinitely leave to remain visa, and we have the baby now.

Any advice will be really appreciated - Thanks in advance.

[sherryw]

It isn't over yet! Rules have become complex and it takes while to sift through the minute details .... good news follows!

Further to the above, I do not see any requirement under either Appendix FM or under Part 9 of the immigration rules that states that an entry clearance application as spouse of a settled person / British citizen can be refused if the applicant has been in breach of immigration rules in the past.

So, unless someone can correct me with reference to the relevant rules, IMHO, even though marrying in the UK when here as a general / family visitor is a breach of immigration conditions but this will not affect entry clearance application as a "spouse of settled person / British citizen".

Hi Sushdmehta,

I just read Part 9 (General grounds for the refusal of entry clearance, leave to enter or variation of leave to enter or remain in the United Kingdom ) and it says:

7B) where the applicant has previously breached the UK's immigration laws (and was over 18 at the time of his most recent breach)by:

(a) Overstaying;

(b) breaching a condition attached to his leave;

(c) being an Illegal Entrant;
(d) using Deception in an application for entry clearance, leave to enter or remain (whether successful or not);


so married on visitor visa should be counted ' breaching a condition attached ' or not?

I need your advice, many thanks in advance

[geriatrix]

Read A320.

[sherryw]

Read A320.

HI Sushdmehta,

I read A320,my understanding is leave to remain as Family member is exempt from A320 A322, except a couple of points, which includes:

11) where the applicant has previously contrived in a significant way to frustrate the intentions of the Rules by:

(i) overstaying; or

(ii) breaching a condition attached to his leave; or

so we should not counted as 'significant' right?

[Casa]

Right.

[sherryw]

Right.

My understanding is correct, I feel much relieved

I think I will write a letter to casework explain why we got married here, we don't intend to break the rule

[sherryw]

Right.

My understanding is correct, I feel much relieved

I think I will write a letter to casework explain why we got married here, we don't intend to break the rule

Great news , my husband handed in application on 2nd of Nov, and visa is granted on 27th of Nov for 27months. Thanks for the useful information from this post.