Tier 2 Visa Holder Marrying UK Citizen

[IrelandCanada]

Hi All,

I've seen previous posts about the marriage topic, but they don't answer my specific query.

- I am a UK Citizen
- My fiance is a Canadian Citizen who's been on a Tier 2 General Visa (Employer Sponsored) since 2013. Her current Visa expires in 2019

When we call the Marriage registrar office, they seem confused about Immigration status as they'll only accept the following status -
- British Citizen, EEA or ILR
- OR with a Marriage/Civil Partnership Visa
- OR Neither the appropriate status nor hold a relevant visa for the purpose of Marriage (in which case it's referred to the home office which can take up to 70 days)

I've called the home office and they've told me she does have the right to Marry but we can't seem to get this past the Registrar.

Do we have to apply for Marriage Visa (in which case she'd have to return to Canada)?

If not, does anyone know how we proceed?

Really confused at this point, so any help/guidance would be greatly appreciated.

Kind Regards,
J

[CR001]

I've called the home office and they've told me she does have the right to Marry but we can't seem to get this past the Registrar.

For once the HO call centre has given the correct advice. Your partner needs ANY valid visa to give notice to marry (but not a standard visitor visa). Try another HO approved Registrar maybe.

Do we have to apply for Marriage Visa (in which case she'd have to return to Canada)?

No.

[IrelandCanada]

Thanks for the response CR001

I was advised yesterday to get in touch with the Marriage Referral Team and they gave me the following response -

Thank you for your correspondence, within which, you ask if you are in scope of the Marriage Referral Scheme.
Any foreign national who does not have permanent leave to remain in the United Kingdom but wishes to marry here, should apply for one of the following visas in order to be exempt from the Marriage Referral scheme:

Marriage visit visa
Civil Partnership visit visa
Fiancé visa
Proposed civil partner visa

Should you give notice of your intention to marry without holding one of the above visas (or holding the right to permanently reside in the UK) you will be referred to the Home Office for investigation and your notice period may be extended to 70 days.


Any individual who wishes to marry in the United Kingdom, and does not meet one of the criteria below, will be referred to the Home Office and potentially required to complete a 70 day notice period whilst an investigation takes place.

You are exempt from the referral process if you meet the criteria below:-

Are you a relevant national?
• British Citizen (or equivalent)
• EEA National
• Swiss National

Do you have the appropriate immigration status?
• Indefinite Leave to Remain/Enter the United Kingdom
• Naturalized as a British Citizen
• Right of Abode
• Permanent Residency as the spouse or family member of an EEA national
• Exemption from immigration control i.e.

Do you hold a relevant visa in respect of the proposed marriage or civil partnership?
• Marriage visit visa
• Civil Partnership visit visa
• Fiancé visa
• Proposed civil partner visa

If you do not fit into any of the categories above/As you do not fit into any of the categories above you will be referred/have been correctly referred under the Marriage Referral Process. For further information on this please visit the following website:-

http://www.legislation.gov.uk/ukpga/201 ... /4/enacted

So from the above, it looks like we should apply through the registrar and go through the 'Marriage Referral Scheme'.

It says this can increase the notice period to 70 days - Considering our case should be more clear cut (I.e. my fiancee has a valid Tier 2 General Visa) is there any chance it will take less time than this?

Thanks again for any assistance.

[Casa]

Correct. Not all couples are called for an interview with the HO and they may well permit you to marry after the standard 28 day registration period. The marriage referral scheme has been put in place in order to prevent sham marriages.
Ensure you register with a Home Office designated Registry Office.
https://www.gov.uk/government/publicati ... -and-wales

[dlckat]

I am in the same situation as you. So did it take 28 days at the end or were you investigated hence changed to 70day notice period??

Regards

[CR001]

I am in the same situation as you. So did it take 28 days at the end or were you investigated hence changed to 70day notice period??

Regards

Kindly start your own topic with your circumstances and questions. This topic is almost 2 years old and the user hasn't logged in for quite some time.