Dilemma re UK/Aus wedding.....

[gboz]

Hi all, I very much appreciate any advice:

My Australian fiancée is coming to the UK under the Youth Mobility Scheme. She had to say she wasn't coming for purpose of marriage. Which she wasn't. But since then, we've got engaged

Now we want to marry in the UK, before we settle in Australia. No Certificate of Approval needed - Church of England wedding.

So, how does she handle this at the UK border if she's asked?

She could admit that she's getting married. If we assure them that we're settling overseas after marriage, yet we have no evidence for that yet (other than a bit of research), are they going to take us seriously?

Or, she could deny it? How would they know any different anyways?

Feeling very conflicted about this... so would love advice from anyone caught in the same position. I wish I could just trust the agency to make the right decision when faced with honesty...

[UKBAbble]

If she conceals the plan to get married and the IO finds out then refusal and a ban could follow. Best to tell the truth up front.

[mochyn]

Are you both over 21?

[Mr Rusty]

[quote="gboz"]Hi all, I very much appreciate any advice:

She had to say she wasn't coming for purpose of marriage.

quote]

How so? I can't see any question on the PBS application or self-assessment forms which specifically asks this, and there's no provision under the 'marital status' categories for "engaged".

So if she was specifically asked in interview whether she intended to get married in the UK and said 'no', then whilst I agree with UKbabble that if she attempts to conceal her intentions on arrival and is found out she will be refused entry, I would say that if she admits her intentions she will possibly be refused either for deception when she applied for the visa, or a change of circumstances since it was issued.

Anyone with a suspicious mind is bound to feel that you had it all nicely worked out and you are now seeking the best way to finesse her through the border control. The burden of proof is on the IO if she is refused for deception, but it would be pretty easy to refuse her for a change of circumstances. She might be able to argue at appeal that the change was not material, and she could not be removed pending appeal, which would enable you to go and get married anyway, but she wouldn't be allowed to work whilst on temporary admission.

So she can take her chances on arrival, or she can go back to the ECO, inform them of her new situation, and ask whether she may still travel on that entry clearance or whether she should apply for a marriage visit visa.

[Casa]

Have you already had the C of E wedding confirmed? Vicars are becoming inceasingly reluctant to perform a marriage ceremony without a COA.

[gboz]

Thanks all, I very much appreciate your advice.

Are you both over 21?

yes, we sure are.

How so? I can't see any question on the PBS application or self-assessment forms which specifically asks this, ...

interesting She said there was something along the lines of 'no intention to marry'. I'll check with her exactly where she read it.

Presumably if she asks the ECO it may take some time, right? I guess she'll take her chances and if asked will have to just be honest. I suppose it may help that she's been to UK twice before and not overstayed or anything...?

Have you already had the C of E wedding confirmed?

kinda. The vicar is happy, but we are told we need a Common License (?) from the Bishop, that we can only apply for in person. However we're told that it's pretty much a formality, and it's because we couldn't have the banns read in the usual C-of-E way, because she doesn't have a home parish and such.

[mochyn]

What I don't understand is that you want to marry in the UK but then settle in Australia.
Why not marry in Australia?

You may have problems in the future when you try to get a visa to enter Australia.
It may be seen as you are trying to circumvent UK immigration laws and she might be refused a visa on entry and also if the Australia Government find out about change of status within the UK without having permission you might be refused entry to Australia.

Your best option is to reapply for a fiancee visa otherwise you are going to be opening a whole can of worms

[gboz]

What I don't understand is that you want to marry in the UK but then settle in Australia.
Why not marry in Australia?

Not sure if it was clear, but I'm a British citizen, that's why I'd like to marry here - I'm marrying in my home town and it's kind of a farewell party for me. Also gives everyone I know a chance to meet my lovely fiancée/wife, before I leave for good!

You may have problems in the future when you try to get a visa to enter Australia.
It may be seen as you are trying to circumvent UK immigration laws

Can you explain more there?

In terms of my emigration to Australia, it seems the Aussie requirement for my visa category is just that I'm married to an Australian - or have a 'de facto relationship', but marriage is easier to prove! - and that the marriage is legal under Australian law. (of course there are many other hoops to jump through to prove it's not a sham marriage and you have to pass medical checks etc).

and she might be refused a visa on entry

That's really my concern here. It would be a damn shame to cancel because she has her flight booked. She has decided just to wing it and what's the worst that can happen........ Well the worst that can happen is that she is barred entry.... but at least providing she doesn't lie about anything she's asked, it shouldn't prejudice any future entry attempts.

(Or would it?)