August 30, 2019

How to get married in the UK: Choosing the right visa for marriage

Choosing the right visa for marriage is a tricky question!

Making mistakes as to the visa application could cause the application to be refused or delayed, which could have an obviously devastating and expensive impact on your wedding.
Every year, thousands of people chose to get married in the UK, but have no intention of staying here

Whitin the Immigration Rules, there are a number of different options for individuals who are settled or British and who want to get married in the UK. But at a time when you are planning rings and venues, there is some sense in taking time to review the relevant immigration options to make sure that your dream day is possible. Therefore, while some administrative forms might be less interesting than a day of cake tasting, it is really important to make sure you get this part right.

Getting Married in the UK as a Visitor

. Whether or not one of the couple is British, it is important that anyone planning to get married in the UK does not do so when they have entered the UK as a visitor. This includes those who have a multi-entry visa or those who are non-visa nationals. The Immigration Rules state that someone who enters the UK as a visitor must not intend to marry, form a civil partnership or give notice to marry or form a civil partnership, unless they have entered in a specific Visitor for Marriage category. If you were to give notice to marry or even get married while in the UK as a standard visitor, there is a risk that the Home Office could find that you exercised deception on entering the UK by failing to disclose this intention. This could potentially therefore affect your ability to return to the UK again.

The ‘marriage or civil partnership visit visa’ specifically permits people to both get married or form a civil partnership, as well as giving notice to marry while they are in the UK. When assessing an application in this category, the Entry Clearance Officer must be satisfied that the person does not intend to be party to a sham marriage. This gives UKVI the opportunity to assess the genuineness of any relationship prior to granting someone entry to the UK, which they would not have if a person has entered as a visitor without the endorsement for marriage or civil partnership. Those who normally do not need a visa to enter the UK as a visitor (non-visa nationals) will need to apply in advance if they intend to marry.

Individuals who enter in this category can stay for up to six months, but cannot switch into any other category from within the UK, and must demonstrate that they intend to leave the UK at the end of their stay. Therefore, if you do want to stay in the UK longer, there may be other categories which are more appropriate for your circumstances. An early conversation with your Fiancee about where you want to get married and where you want to live after the wedding could help save making the wrong application.

Fiancee Visa

If your partner is British or holds Indefinite Leave to Remain in the UK (Settled), and you want to come to the UK to get married and then remain in the UK, the appropriate application is as a Fiancé(e) under Appendix FM.

This application will initially be granted for a period of six months to allow you to get married (and if for any reason you can’t get married in that time, it can be extended). After you are married you can switch into the Spouse category, without leaving the UK.

Unlike the visitor for marriage category, you don’t need to demonstrate that you intend to leave the UK at the end of your stay, instead, you need to show that you intend to settle permanently in the UK with your partner. The requirements, therefore, are a little stricter than for those just visiting. There are specified evidential requirements to demonstrate that you meet the financial requirements.

For most people this means demonstrating that your partner in the UK earns at least £18,600, either through salaried employment or self-employment. Alternatively you or your partner can show that you have savings of at least £62,500. The Immigration Rules also allow for earnings from shares, property or pensions, and in some cases you can combine different types of earnings together, in addition to savings to make up any shortfall.

One problem for those getting married in the UK is that they will effectively have to make two immigration applications within a very short space of time, and given that the Home Office fees are now over £1500 per application in addition to the Immigration Health Surcharge fee of £1000 you need to pay for the second application, this can add unwanted expense to an already expensive time.

While the requirements for Fiancée and Spouse are very similar, even if there is just a short time between making the two applications, because of the requirement for all evidence to be up to date at the time of the application, particularly the financial documents, there is likely to be a substantial amount of new documents necessary to make the Spouse applications, which can be frustrating for couples who would rather be organising their honeymoon rather than their UK visas.

Spouse Visa application

The Spouse Visa application is for individuals who are already married. Getting married outside of the UK and then applying to enter directly as a Spouse can save the money of making two visa applications. Applying in this category still has a financial requirement and you must prove that you intend to live together permanently in the UK. However, there is now no need to prove that you intend to get married within six months. This can provide couples with more flexibility over their wedding day, but does mean they can’t have their legal wedding ceremony in the UK. This does not, however, preclude a wedding party in the UK.

Partners of Points Based System Migrants and European Nationals

Neither the European regulations or the Immigration Rules for partners of Points Based System Migrants have specific provisions for Fiancé(e)s. People in this situation will need to consider alternative options.

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