Getting married on a Visitor Visa?

[matt14]

Hi,

I'm just wondering if its legal to get married in the UK on a Visitor Visa...I remember reading somewhere that tourists should not 'intend' to get married in UK - what if the proposal comes as a surprise and the visitor decides to get married after coming to the UK? I'm talking in terms of getting a special licence from the Church of England and getting married in Church.

[matt14]

Oh and most important - its not a SHAM marriage!

[Casa]

You're right that you can't enter on a visitor visa with the intention to marry, but you are legally able to get married if it wasn't pre-planned. Marriage under a special licence however isn't an option for you if you or your partner is subject to immigration control. There is a requirement that people subject to immigration control who wish to marry or register a civil partnership give notice of their intention to marry to a registrar at a designated register office before the marriage takes place in a church of England. 15 days minimum notice is currently required. This is due to be increased in 2015 to 28 days notice.

[matt14]

Hi,

Thanks for your reply. But as i understand, a Priest of the Church of England is essentially a Registrar and the special licence is issued by the Diocesan Registry.

[Casa]

This from the gov.uk website applies to your situation:
Foreign nationals
You and your partner must go to a ‘designated’ register office if either of you aren’t from the European Economic Area (EEA) or Switzerland, and are subject to immigration control.

As per my previous post you can't apply for a special licence and need a minimum of 15 days notice before marrying.
You do know that after marrying a visitor visa can't be switched to a spouse visa from within the UK. Neither does it extend the term of the visitor visa.

[matt14]

This is from the gov.uk website:
"You don’t usually need to give notice with the register office if you’re getting married in an Anglican church. Officials performing Anglican marriages will register your marriage."
Do you think this applies to foreign nationals and there is no need to give notice?

Yes, i understand that a visitor visa can't be switched to a spouse visa or extended and that is why this is not a "marriage of convenience" i-e to gain quick entry in UK / remain in UK as the couple is quite happy to wait until the circumstances can allow a spouse visa to be acquired.
Many thanks for you replies!

[Casa]

It doesn't apply to those under Immigration Control This is from one of the Council websites:

'If you are subject to immigration control, you and the person you plan to marry will need to give notice of marriage at a designated register office. In England and Wales, once your notice to marry has been accepted, the wedding can take place at any register office or approved premises.' (i.e church).


You need to have your marriage accepted first at one of the designated register offices before being able to marry in an Anglican church, after giving 15 days notice from date of acceptance.

Hope you have sufficient time to marry and that it goes well for you.

[matt14]

Ah, this is very interesting! Twist in the tale is that i already got married 2 months ago at an Anglican Church. As my better half was under immigration control, we were told to apply for a Common Licence - which we got, expressing the Registrar's consent to our marriage. My understanding from the gov.uk website - a wedding at an Anglican Church is an exception to the general rule that a notice is to be given with the register office, mostly because it says there that in the case of all other religions, notice is required.
"Marriages in all other religions

You need to give notice with the register office at least 16 days before the ceremony. Ministers and priests of other religions can be authorised to register marriages. "

What do you think?

I was reading something about getting married on a tourist visa today and found the situation a bit confusing and started worrying about the legality of my marriage (from the Home Office point of view), hence my starting a topic on this forum as people here have practical knowledge and are quite helpful.

And thank you, we had just about enough time to get married and then my wife left the country and now we are waiting to meet the financial requirement before i can sponsor her (fingers crossed).

[Casa]

It would have saved some time if you'd explained your situation earlier in the thread. Your marriage is legal as you followed the correct procedure by registering your intention to marry with the registrar. i.e the marriage was accepted before the church ceremony took place. The registrar had the opportunity to notify the Home Office if they felt the marriage wasn't genuine.

[matt14]

Thank you very much, Casa, I'm very relieved to hear that the marriage is legal. My apologies for not explaining the whole situation in the beginning, but in all fairness, my intention was to ask about the legality of getting married on a visitor visa - the intent to get married vs a surprise proposal.

Many thanks for your time!

God bless!

[Casa]

I'm still not sure why you asked about applying for a 'special licence' when you'd already married with a common licence.

[matt14]

My mistake - i thought Special Licence and Common Licence are the same. Forgive my oversight, dear Casa! Again, i was worried about the legality of my marriage...

[Casa]

Don't worry...you're married.