marriage in the UK

Jean-paul · Post by **Jean-paul** » Thu Aug 27, 2009 2:56 pm

Hi
I was just curious about something. I Know somebody who came to visit the UK around 5 years ago on a family visa for only 6 months and they ended up being able to get married to a British citizen who they had not met before but who they did know as they were good family friends. They got their visa extended and were able to marry with no problems.Now they have children and indefinite leave to remain.

I was just curious as how this was possible as i thought you couldn't do it. Do you need exceptional reasons or something?? any ideas??

Post by **Casa** » Thu Aug 27, 2009 3:07 pm

You can no longer switch from visitor visa to spouse from within the UK,
and the non-UK national would also have to apply for a Certificate of Application to marry (COA), which it may well be spotted that the relationship is not genuine.

Jean-paul · Post by **Jean-paul** » Thu Aug 27, 2009 3:09 pm

so before it was possible to do this but not now, what year did this change and why??

Post by **Casa** » Thu Aug 27, 2009 3:24 pm

Not sure of the when...someone will jump in here with the answer I'm sure.
Why? To prevent the situation you've described happening probably!

Also Spouse settlement visa is now Â£585. Lots of lost revenue if someone stays over on a visitor visa.

Jean-paul · Post by **Jean-paul** » Thu Aug 27, 2009 3:33 pm

ok casa, but what if it was genuine relationship and they had been in contact before with each other and had proof of it such as mails, texts etc. and they had met before in the UK, and they came again to the UK on a family visa they met that perosn again and this person proposed would there be any possiblity of that marriage being accepted??

Wanderer · Post by **Wanderer** » Thu Aug 27, 2009 3:47 pm

Jean-paul wrote:ok casa, but what if it was genuine relationship and they had been in contact before with each other and had proof of it such as mails, texts etc. and they had met before in the UK, and they came again to the UK on a family visa they met that perosn again and this person proposed would there be any possiblity of that marriage being accepted??

Yes, if they got a CoA or a friendly vicar and had enough time on their visa.

But they'd still have to return home, get in the queue and apply like the rest of us.

Bear in mind entering to marry on a Visit visa when u knew that was a possibility could be construed at deception and result in a 1,5 or 10 year ban.

Post by **Casa** » Thu Aug 27, 2009 3:48 pm

They would still have to apply for a COA from the Home Office in order to marry in the UK, unless they could find a Church of England vicar (has to be C of E) who would agree to marry them without a COA...few and far between now.
After the wedding the non-British spouse would then have to return to their home country and apply for a settlement visa to re-enter. The application would have to be supported with proof that they can support themselves financially (without claiming benefits), have adequate accomodation,
proof that the relationship is genuine, and they both have to be over 21.

Jean-paul · Post by **Jean-paul** » Thu Aug 27, 2009 4:02 pm

firstly thanks for your answer CASA

well im sure you could of guessed this question was about a friend

so just to clarify. this girl is actually his distant cousin, now you might not agree with this marriages etc but thats for another post. So if she came to visit him last year on a family visa and now shes come again and shes currently here at present on a 6mnth visa but shes got around 3 months left till she has to return and he decided to propose to her now can they apply according to you for the COA. they have evidence of their relationship such as texts mails, skype etc... but they will send her back and she can then apply for a marriage visa from there?

So am i correct and thanks again CASA.

Post by **Casa** » Thu Aug 27, 2009 4:11 pm

Thought it was for you actually Jean-paul!

They may have time to apply for a COA (it's free now), but they should do it soon....and yes, after the marriage she'll have to return home to apply for a spouse settlement visa. (Form VAF4a). They're both over 21?
She won't actually 'be sent back'...she has to return voluntarily before her visitor visa expires, or she'll be considered 'an overstayer' and here illegally.

Jean-paul · Post by **Jean-paul** » Thu Aug 27, 2009 4:19 pm

lol

she only came a few days ago so will it be ok for them to apply for the COA this early. The immigration wont make a problem will they because they might say his just proposed few days after you came?? should they wait jst bit longer and yes they both over 21.

just wanted to know as they are related even though distant would that increase their chances of getting the certificate and secondly will they hold it against them in the future when they come to apply for a marriage visa because they applied for a COA on a family visa??

thanks again

Post by **Casa** » Thu Aug 27, 2009 4:33 pm

If they're granted the COA while she's on a visitor visa then it won't go against them in future applications. However, applying for a COA soon after arrival won't go down well with the Home Office as they could refuse the approval on the grounds that she entered on a Visitor Visa with the intention to marry.
If they planned to marry while she was on this visit, they should have applied for a fiance visa. I'm not really sure why they didn't. They wouldn't have needed the COA.
Distant relative won't be a problem as long they can show proof of the relationship. One small point. Did she mention the existance of a boyfriend in the UK when she applied for the visitor visa?

Fairychild · Post by **Fairychild** » Tue Nov 24, 2009 11:30 am

Jean-Paul, did your friend have any luck with her COA application?

My boyfriend is visiting me and I want to do something similar. We didn't plan to get married before he came to visit, but I am scared that they may view it as deception... He has been here for more than a month and still has 4 months left on his visitor visa. I am sponsoring his stay.

Post by **Casa** » Tue Nov 24, 2009 1:49 pm

If Jean-Paul is still around, I wouldn't rely on his response. His story and display name changed regularly.

You do realise Fairychild that if you are granted a COA to marry, your husband will have to return to his home country after the wedding to apply for a Spouse Visa? He won't be able to switch from visitor from within the UK.
You're both over 21?

Fairychild · Post by **Fairychild** » Tue Nov 24, 2009 1:56 pm

Hi Casa, thanks for the reply.

I realise he will have to return to our home country. But it saves us both flying back there to get married. He can fly on his own and apply for a dependant visa. (I have a tier 1.) I will include a letter explaining this to the application.

I will also apply for a COA.

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marriage in the UK

marriage in the UK