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Meghan Markle and the Immigration Rules on marriage

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vinny
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Meghan Markle and the Immigration Rules on marriage

Post by vinny » Tue Nov 28, 2017 3:11 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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seagul
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Re: Meghan Markle and the Immigration Rules on marriage

Post by seagul » Tue Nov 28, 2017 6:01 pm

That couple can easily meet all spouse visa requirements.
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wak9001
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Re: Meghan Markle and the Immigration Rules on marriage

Post by wak9001 » Tue Nov 28, 2017 8:28 pm

I can just see it, the ECO picking up the application and casually stamping that passport with a visa lol interesting article to read.

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Re: Meghan Markle and the Immigration Rules on marriage

Post by bathanza » Wed Nov 29, 2017 9:17 pm

I read in the Metro this morning, Ms. Markle will apply for citizenship. Lets see how many rules are circumvented to achieve this.

Husband's timeline - overstayer 11 yrs
08/16 - FLR (FP) Partner, refused 02/18, 03/18 - JR permission refused with merit
08/18 - FLR FP (Partner) PSC - Approved
07/20 - FLR FP to FLR M Switch - Approved, 03/23 FLR M Ext Approved.

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seagul
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Re: Meghan Markle and the Immigration Rules on marriage

Post by seagul » Thu Nov 30, 2017 6:13 am

bathanza wrote:
Wed Nov 29, 2017 9:17 pm
I read in the Metro this morning, Ms. Markle will apply for citizenship. Lets see how many rules are circumvented to achieve this.
No rule will be changed/circumvent from their wedding because they can easily exceed to meet requirements. For spouse visa they can easily meet financial requirement with their savings alone, for accomodation requirement they have got massive bunglow, exempt from English test due to native English, for subsisting relationship they must have solid proof etc. Regarding citizenship she can also manage it.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

secret.simon
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Re: Meghan Markle and the Immigration Rules on marriage

Post by secret.simon » Thu Nov 30, 2017 8:03 am

bathanza wrote:
Wed Nov 29, 2017 9:17 pm
I read in the Metro this morning, Ms. Markle will apply for citizenship. Lets see how many rules are circumvented to achieve this.
It will most likely require a personal Act of Parliament. The Home Secretary has no discretion with regards to the "physically present in the UK at the start of the three/five year period before the date of application". But such Acts would normally be rushed through the two Houses in a day as there is typically no controversy on the subject matter. And such a citizenship (by Act of Parliament) can dispense with requirements for ILR or settled status.

Before the 20th century, the only way to acquire naturalisation (or to get divorced) was by a personal Act of Parliament. See Sophia Naturalisation Act and Handel's Naturalisation Act.

On a lighter note,
Threading the Legislative Maze - 5 wrote:It is said that when divorce was possible only by Act of Parliament an unhappily married town clerk was promoting a local waterworks Bill. In clause 64, mingled with technical provisions about filter beds and stopcocks, appeared the phrase "and the marriage of the Town Clerk of ---------- is hereby dissolved". Nobody noticed it while the Bill was going through Parliament, but when Royal Assent was given the town clerk duly found himself divorced.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

secret.simon
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Re: Meghan Markle and the Immigration Rules on marriage

Post by secret.simon » Thu Nov 30, 2017 8:33 am

It is worth reading up on Prince Philip's marriage to the present Queen (then Princess Elizabeth). Like Markle, he had to be received into the Church of England and naturalised before the marriage.
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bathanza
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Re: Meghan Markle and the Immigration Rules on marriage

Post by bathanza » Thu Nov 30, 2017 7:36 pm

Incredibly enlightening to read. Many thanks for providing useful information guys

Husband's timeline - overstayer 11 yrs
08/16 - FLR (FP) Partner, refused 02/18, 03/18 - JR permission refused with merit
08/18 - FLR FP (Partner) PSC - Approved
07/20 - FLR FP to FLR M Switch - Approved, 03/23 FLR M Ext Approved.

secret.simon
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Re: Meghan Markle and the Immigration Rules on marriage

Post by secret.simon » Thu Dec 07, 2017 11:45 am

While researching for another thread on these forums, I found that the Secretary of State has discretion to dispense with all requirements, including the physical presence at the start of three years requirement, for spouses of British citizens in Crown or designated Services.

It may be a stretch, but Prince Harry's work abroad as a roving ambassador and as a grandson of the Crown (a petit fils de le Royaume Uni, in terminology of the Ancien Regime in France), could be considered Crown Service and could potentially be used to naturalise Meghan Markle without an Act of Parliament.

It is quite a stretch and I still expect an Act of Parliament, which is beyond question, than a legally doubtable grant by the Home Secretary.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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