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Marriage Notification on Marriage Visa: Proof of residence?

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Coloroce
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Marriage Notification on Marriage Visa: Proof of residence?

Post by Coloroce » Fri Jan 13, 2017 7:21 pm

Hello there,

Not sure if anyone would be able to help me with the following question. I'm an EEA citizen working in the UK, my partner is from outside the EEA and is currently residing with me on a marriage visitor visa. We want to give notice of marriage at the local register office, but they are asking for proof of residence of both me and my partner. Obviously my partner doesn't have any proof of residence, so they said a letter from my landlord confirming that she stays with me is sufficient, if he also can prove that he owns my flat. The issue is now that my landlord wants to write the letter but doesn't want to give any proof that he owns the flat to the register office, which makes the letter completely useless according to the register office. Another option was to get a utility bill on my partner's name, but that seems impossible, as she is only visiting here obviously for the moment. Does anyone have any idea how to proceed? Would booking a hotel room for the minimum 8 days be a (expensive) way that we can prove my partner's residence?

Thanks for any input.

noajthan
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Re: Marriage Notification on Marriage Visa: Proof of residen

Post by noajthan » Fri Jan 13, 2017 7:31 pm

Coloroce wrote:Hello there,

Not sure if anyone would be able to help me with the following question. I'm an EEA citizen working in the UK, my partner is from outside the EEA and is currently residing with me on a marriage visitor visa. We want to give notice of marriage at the local register office, but they are asking for proof of residence of both me and my partner. Obviously my partner doesn't have any proof of residence, so they said a letter from my landlord confirming that she stays with me is sufficient, if he also can prove that he owns my flat. The issue is now that my landlord wants to write the letter but doesn't want to give any proof that he owns the flat to the register office, which makes the letter completely useless according to the register office. Another option was to get a utility bill on my partner's name, but that seems impossible, as she is only visiting here obviously for the moment. Does anyone have any idea how to proceed? Would booking a hotel room for the minimum 8 days be a (expensive) way that we can prove my partner's residence?

Thanks for any input.
Someone on marriage visa should not have to prove residence as they cannot be a resident if in UK temporarily on marriage visa;
it is a visa by which they have to leave UK after getting married.

Staying in a hotel does not make someone 'resident'.
Registrar appears to be trying to apply free movement rules to you as fiance is EEA.
Have you intimated that free movement applies or have you made registrar aware of existence of marriage visa?

Are you planning to keep spouse in UK after marriage?
That could go horribly wrong if spouse in effect overstays once married and then something goes wrong with an EEA RC application.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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CR001
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Re: Marriage Notification on Marriage Visa: Proof of residen

Post by CR001 » Fri Jan 13, 2017 8:30 pm

Apply for a copy of the title register on the land registry website. It only costs £3 and is available immediately.
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Casa
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Re: Marriage Notification on Marriage Visa: Proof of residen

Post by Casa » Fri Jan 13, 2017 8:40 pm

CR001 wrote:Apply for a copy of the title register on the land registry website. It only costs £3 and is available immediately.
Hmm. Call me cynical, but I wonder if the landlord may not be the owner and is sub-letting. :|
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Re: Marriage Notification on Marriage Visa: Proof of residen

Post by CR001 » Fri Jan 13, 2017 8:46 pm

Casa wrote:
CR001 wrote:Apply for a copy of the title register on the land registry website. It only costs £3 and is available immediately.
Hmm. Call me cynical, but I wonder if the landlord may not be the owner and is sub-letting. :|
Yes, that thought crossed my mind instantly when I read the OPs post.
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Coloroce
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Re: Marriage Notification on Marriage Visa: Proof of residen

Post by Coloroce » Fri Jan 13, 2017 10:23 pm

Thanks for the replies. We know that my partner can't overstay the marriage visa.

I don't think he is subletting, but he is probably technically not the owner indeed, anyway doesn't really matter, he doesn't want to give the proof because he can't give it, for whatever reason.

The register office didn't ask for proof that she is 'residing' here, more like a proof of where she has been staying. Although I find it very curious indeed, and I am wondering if they are not mixing things up. They know it's on a marriage visitor but maybe they got confused, it's worrying though, because they seem to be very sure. I might try to book an appointment anyway, and maybe the person who handles it is different from the one who makes the appointments. Do you guys know how I could get professional advice on this? Would a lawyer specialised in marriage do or can you think of better ways to get professional advice?

noajthan
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Re: Marriage Notification on Marriage Visa: Proof of residen

Post by noajthan » Fri Jan 13, 2017 10:30 pm

Well you could ask the registrar directly to explain in detail.

And/or wait here for more ideas..

It seems to be proof of address that's required not proof of residence.:
The registrar also needs proof of your address, for example a:
...
letter from your landlord confirming you live there and including your landlord’s name, address and their signature dated within the last 7 days
https://www.gov.uk/marriages-civil-part ... ter-office

This from a local council:
Letter from the owner or proprietor of the address which is the person's place of residence. The letter must confirm the following:
  • That the person giving notice has resided at the address for at least seven days immediately prior to the date on which notice of marriage is given
    States that the person providing the letter is the owner or proprietor
    States the name, address and is signed by the person providing the letter
http://www.haringey.gov.uk/births-death ... artnership

:arrow: So it looks like you could stay in a hotel or even a B&B. Or at a friend or relative's house (especially if they own it).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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