Hi Plandid,
1. Is staying 1 week together in India enough to satisfy home office for Spouse visa?
In their circumstances (if they’re deciding to get married) the requirement is the following:
• They’re in a civil partnership or marriage that is recognised in the UK
This essentially means that there is no specific threshold for time spent together if they’re married. The time spent together will only be relevant if they’re not married – in which case, there will be a period of 2 years minimum applicable. See this thread for details and the gov website for details.
Thread:
immigration-for-family-members/getting- ... a#p2091408
Gov:
https://www.gov.uk/uk-family-visa/partner-spouse
2. What is the process of marriage registration for a foreigner muslim with this circumstances in Kolkata.
Just had a quick browse online and it seems that they would need to visit the registrar in Kolkata. They should provide them with instructions and/or a form and more details about requirements, fees and dates for their marriage.
However, from my understanding, it seems that the Special Marriage Act 1954 would also apply in Kolkata. See below for more information.
3. Is it enough to just do islamic marriage and this can be used with spouse visa application?
As per the guidance, their marriage must be recognised in the UK. Their marriage will be recognised in the UK if they: 1) follow the correct process according to the law in India; and 2) it would be allowed under the UK law (they also don’t need to register their marriage in the UK). For a quick guideline on what is allowed in the UK check out this link -
https://www.gov.uk/marriages-civil-partnerships
Islamic marriages are registered under the Special Marriage Act 1954 in India and, as per the above, it is mandatory for them to register it in India so that it can be legally recognised outside of India. Additionally, registering their marriage under this act will mean that they will receive a marriage certificate in India (provided that they meet the below conditions and the process is followed). The marriage certificate can be translated in English and used as evidence for their spouse visa application in the UK.
The conditions for their marriage to be solemnized in India are found in the Special Marriage Act 1954:
1) They both have valid passports
2) Either one of them must have resided in Kolkata (if this is where they want to register their marriage) for at least 30 days before they send their application of registration under this act
3) Neither of them must have been married before
4) They must be of legal age to marry (i.e., your friend must be 21 years of age and his wife to be at least 18)
If you want to have a look at the process a little further, more information can be found in the legislation -
https://www.indiacode.nic.in/bitstream/ ... ge_act.pdf
4. I have seen there are 30 days residency requirement for marriage in India?
As per the above, this is a requirement under the Special Marriage Act 1954 (either the wife to be or your friend must have resided in Kolkata for at least 30 days before the application for registration).
5. If anyone went through same process already please advise the full process it would be greatly appreciated.
Just did a little browse on this forum to find some threads that may give you a little guidance – though do bear in mind their circumstances do differ slightly from your friend’s situation.
Clarity on registration process in India
other-countries/european-marrying-india ... ia#p291529
UK spouse visa and Islamic marriage in India
general-uk-immigration-forum/please-hel ... ia#p376137
Marrying in India and spouse visa in the UK
general-uk-immigration-forum/british-ci ... a#p1730238
