Marriage under visa waiver

[idczar]

VISA WAIVER

[Casa]

If the Immigration entry officer suspects that you are entering to marry, he can refuse you.
Where do you intend to settle after the wedding? If this is the UK, even if you marry here without a fiance visa you will still have to return to your home country to apply for a spouse visa to re-enter. Why do you think you have to show evidence of a 'marriage like relationship'? The condition for a fiance visa is that you have met and can prove the relationship is genuine.

[ElenaW]

Casa is right! You can also apply for a marriage visitor visa if you want to marry in the uk and then go back to apply for a spouse visa from your home country.

[Casa]

Thanks ElenaW. Forgot to mention the Marriage visit visa. Definately the safer option if you're not intending to settle in the UK after the wedding.

[vinny]

Wonder how they will enforce the marriage visit visa after the scrapping fo the COA?

[idczar]

thanks Casa. The reason we thought fiancee visa would be refused is because we only met once for few days and been video camming everyday for about 1 year. I didn't think they'd understand it's genuine.

As to where to stay, we planned to move into a flat, as she's got a stable job in dental field. If I plan to settle in UK, and not planning to re-enter, can the spouse visa be applied within the uk?

I thought with CoA being removed, let say when a person under tourist visa wanted to get married within that 6 months period frame, normally he or she had to get CoA and get married. But with that scheme gone, couldn't I just apply for spouse visa within UK?

http://www.ukba.homeoffice.gov.uk/partn ... s/#header2

I was doing some research, and from what I understand from above, as long as you are able to remain for more than 6 months, you can "switch" into this category it seems?

However the part I'm not clear on is...

Please note that, in most circumstances, you cannot marry or enter into a civil partnership in the UK unless:
you been given entry clearance expressly for the purpose of letting you marry or register a civil partnership in the UK; or
you have a certificate of approval to marry or register a civil partnership in the UK.

Does this mean when I enter UK under tourist visa, and with CoA being abolished on May 9, is it possible to marry while holding tourist visa like before?

Thanks for your time xD

[Casa]

Vinny has highlighted the misnomer of what will happen to the Marriage Visit visa once the COA has been scrapped (applied for when there's no intention to settle in the UK after the wedding). At present, if you plan to marry in the UK and remain here, you would be expected to apply for a fiance visa.
.
You would be unable to switch to spouse from within the UK. If you are granted a fiance visa you would then need to apply for a 2 year extension from within the UK on form FLR(M). Bear in mind that you won't be able to work legally here until Further Leave as a spouse has been issued.
You will also have to pass the new A1 English test before applying.
Although the condition for a fiance visa is that you have met face to face , you may have to explain for the Entry Officer in your application why you have only spent a couple of days together with no further visit from your fiancee in the past 12 months and submit strong evidence of regular contact.

[vinny]

Normally, visitors may not switch to spouse status from within the UK.