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Non-British getting married with British before ILR

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mpitillo
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Posts: 59
Joined: Sat Jul 13, 2019 8:31 am
Brazil

Non-British getting married with British before ILR

Post by mpitillo » Sun Aug 04, 2019 3:58 pm

Hi there,

My partner and I would like to enter a notice for marriage in Brighton, UK. I was reading the Brighton & Hove City Council page, but I am still confused about some things that I was hoping that I could get someone's advice on.

To give you some context: we are a gay couple, have been together for over 7 years, and he is a British Citizen, while I am Brazilian. We have both being living together in Brighton for almost 5 years. My current status in England is a full time worker, with a Tier 2 (General) Migrant Visa that will expire in October. The plan is to apply for the ILR mid-September.

With that said, could both my partner and I enter the notice for marriage tomorrow (so we can start the 29 days countdown time), or because I am Brazilian without an ILR I have to apply for a family visa first? Is it really necessary this family visa, given that I am legally living in the UK for the past (almost) 5 years with my Visa?

We just really wanted to get married soon, but not sure if we will have to wait for longer because of ILR or another type of visa for marriage purposes.

Thank you for your time!
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Casa
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Re: Non-British getting married with British before ILR

Post by Casa » Sun Aug 04, 2019 4:17 pm

You can register to marry in the UK, but as you are a foreign national in the UK without settled status, the Registrar is legally bound to notify the Home Office who can then extend the notification period from 28 to 70 days before the wedding can take place.

I assume Brighton is a Home Office designated Registry Office :?:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.
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mpitillo
Junior Member
Posts: 59
Joined: Sat Jul 13, 2019 8:31 am
Brazil

Re: Non-British getting married with British before ILR

Post by mpitillo » Sun Aug 04, 2019 4:29 pm

Casa wrote: ↑
Sun Aug 04, 2019 4:17 pm
 You can register to marry in the UK, but as you are a foreign national in the UK without settled status, the Registrar is legally bound to notify the Home Office who can then extend the notification period from 28 to 70 days before the wedding can take place.

I assume Brighton is a Home Office designated Registry Office :?:
Thanks for the reply.

Yes, Brighton is a Home Office designated Registre Office.

I am now wondering if I should wait until I get my ILR and only then register for marriage? I really didn't want to deal with another immigration status, such as the "Family Visa". Unless the Home Office can approve it, without requiring this Visa? Is there a scenario like that? Or the Home Office always request for the visa after review?

Thanks.
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Casa
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Re: Non-British getting married with British before ILR

Post by Casa » Sun Aug 04, 2019 4:40 pm

mpitillo wrote: ↑
Sun Aug 04, 2019 4:29 pm
? Or the Home Office always request for the visa after review?
You can continue on your Tier 2 visa after you are married if you choose to do so.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.
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mpitillo
Junior Member
Posts: 59
Joined: Sat Jul 13, 2019 8:31 am
Brazil

Re: Non-British getting married with British before ILR

Post by mpitillo » Sun Aug 04, 2019 4:47 pm

Casa wrote: ↑
Sun Aug 04, 2019 4:40 pm
mpitillo wrote: ↑
Sun Aug 04, 2019 4:29 pm
? Or the Home Office always request for the visa after review?
You can continue on your Tier 2 visa after you are married if you choose to do so.
So sorry to re-phrase it again, but I just want to make sure that I got this right:
I can still give a notice for marriage, say this week, and then this notice will be notified to the Home Office, as it is in the rules. The Home Office will then decide if they approve or not our marriage, and this approval can take UP TO 70 days, but sometimes quicker, right? And I can do all that "right now" without first getting a "Family Visa or Permit", right?

I just want to understand if I should worry about this new visa, or if I can already give the notice and wait for the answer? Thank you again.
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Casa
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Re: Non-British getting married with British before ILR

Post by Casa » Sun Aug 04, 2019 4:54 pm

mpitillo wrote: ↑
Sun Aug 04, 2019 4:47 pm
Casa wrote: ↑
Sun Aug 04, 2019 4:40 pm
mpitillo wrote: ↑
Sun Aug 04, 2019 4:29 pm
? Or the Home Office always request for the visa after review?
You can continue on your Tier 2 visa after you are married if you choose to do so.
So sorry to re-phrase it again, but I just want to make sure that I got this right:
I can still give a notice for marriage, say this week, and then this notice will be notified to the Home Office, as it is in the rules. The Home Office will then decide if they approve or not our marriage, and this approval can take UP TO 70 days, but sometimes quicker, right? And I can do all that "right now" without first getting a "Family Visa or Permit", right? Correct.

I just want to understand if I should worry about this new visa, or if I can already give the notice and wait for the answer? Thank you again. You don't need a new visa. In fact, if you apply for a spouse visa under FLR(M) it will re-set your immigration path to zero, putting you on a new 5 year (2.5 x 2.5) route to settlement (ILR). Remain on your current Tier 2 visa and apply for ILR under this category.

Once you are married and have been granted ILR, assuming you meet all the standard requirements, you could apply for British citizenship without waiting for 12 months.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.
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mpitillo
Junior Member
Posts: 59
Joined: Sat Jul 13, 2019 8:31 am
Brazil

Re: Non-British getting married with British before ILR

Post by mpitillo » Sun Aug 04, 2019 6:18 pm

Casa wrote: ↑
Sun Aug 04, 2019 4:54 pm
mpitillo wrote: ↑
Sun Aug 04, 2019 4:47 pm
Casa wrote: ↑
Sun Aug 04, 2019 4:40 pm
mpitillo wrote: ↑
Sun Aug 04, 2019 4:29 pm
? Or the Home Office always request for the visa after review?
You can continue on your Tier 2 visa after you are married if you choose to do so.
So sorry to re-phrase it again, but I just want to make sure that I got this right:
I can still give a notice for marriage, say this week, and then this notice will be notified to the Home Office, as it is in the rules. The Home Office will then decide if they approve or not our marriage, and this approval can take UP TO 70 days, but sometimes quicker, right? And I can do all that "right now" without first getting a "Family Visa or Permit", right? Correct.

I just want to understand if I should worry about this new visa, or if I can already give the notice and wait for the answer? Thank you again. You don't need a new visa. In fact, if you apply for a spouse visa under FLR(M) it will re-set your immigration path to zero, putting you on a new 5 year (2.5 x 2.5) route to settlement (ILR). Remain on your current Tier 2 visa and apply for ILR under this category.

Once you are married and have been granted ILR, assuming you meet all the standard requirements, you could apply for British citizenship without waiting for 12 months.
Thank you so much for all the help.
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Casa
Moderator
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Joined: Wed Jul 23, 2008 2:32 pm

Re: Non-British getting married with British before ILR

Post by Casa » Sun Aug 04, 2019 6:46 pm

You're welcome. In the circumstances, taking into consideration how long you and your partner have been together, I doubt that the Home Office will extend the notification period.

Have a great wedding day. :)
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.
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