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✎ EN French citizen living in UK wants to marry Australian

Temat na forum 'Immigration UK' rozpoczęty przez cricri, Maj 30, 2005.

  1. cricri

    cricri Member

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    Maj 30, 2005
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    My partner is Australian and is going back to OZ very soon. I am French and I am working in the UK for now. We would like to get married in the UK before he goes back. Does anyone know what is the procedure? I heard we have to ask permission to the secretary of state, is it true?

    Thanks for helping,

    cricri
     
  2. Triple H

    Triple H Addicted member

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    English
    :D

    Hi there

    From 1 February 2005, if you are subject to immigration control and you want to marry in the United Kingdom (UK) you will need to follow new procedures. You must either:

    hold a fiancé(e) or visitor - marriage entry clearance (visa), or
    hold a Home Office certificate of approval*, or
    be settled in the UK (e.g. indefinite leave to remain)

    You must also give notice to marry to a registrar at one of a number of designated register offices throughout the UK. Below is a brief summary of the new rules. This page will explain how they apply to you and what you must do.

    These rules do not apply to anyone who has already given notice to marry to a registrar before 1 February 2005.


    Am I subject to immigration control?
    If you are not an EEA or Swiss national**, and you need permission to enter or remain in the UK, you are subject to immigration control.

    You are not considered to be subject to immigration control if you:

    are a British citizen
    are an EEA or Swiss national**
    you have a certificate of entitlement in your passport demonstrating you have a right of abode in the UK.

    There are some other people who are not subject to immigration control because of the work they do.

    * The Home Office certificate of approval represents the written permission of the Secretary of State to marry in the United Kingdom. The need for this written permission was introduced in the Asylum and Immigration (Treatment of Claimants) Act 2004.
    **An EEA national is a person from any country which is part of the European Union (EU), or from Norway, Liechtenstein or Iceland.

    I am overseas. Will I still need a visa if I am only visiting the UK to get married?
    Yes. You will need to have a visit - marriage visa. Without this, the registrar will not be able to take your notice of marriage. This condition applies even if you are from a country where you would not normally require a visa to come to the UK.

    I have already made arrangements to get married in the UK after 1 February and already have a visit visa. What should I do?
    If a UK registrar has already taken notice of your marriage. or will do so before 1 February, you do not need to do anything more. If not you have not given notice of your marriage by 1 February you will need to apply for a visit - marriage visa and pay the appropriate visa application fee.

    My fiancé(e) is also subject to immigration control. Do we both need to have a visa?
    Yes. You must both apply for a visa and pay the fee.

    What will happen if I am planning to get married in the UK, but arrive without a visa?
    You may be refused entry to the UK. If you enter the UK as a visitor or for another reason for 6 months or less, you will not be able to apply for a certificate of approval.

    My fiancé(e) is already in the UK (e.g. as a work permit holder, or a student) and I want to join her/him to get married in the UK. What should I do?
    If you intend to stay in the UK only as a visitor for not more than six months you should apply for a visit - marriage visa. You will then be expected to leave the UK before this period expires.

    If you want to stay in the UK as your partner's dependant you will need to enter the UK with a visit - marriage visa. After your marriage you must then leave the UK and return home to apply for a visa as a dependant. Please read the guidance notes relevant to your fiancé(e)'s stay in the UK for more information.

    How much does a visit – marriage visa cost?
    The fee is the same as for a standard (6 month) visit visa. Currently this is £36, but you must normally pay it the the local currency of the country where you are applying.

    How do I apply for a visa?
    You should apply to your nearest British mission that offers a visa service. Please note that if this is not in your home country, or where you are normally and legally resident, the decision on your application may not be accepted, or may be delayed.

    What do I need to show to get a visit - marriage visa?
    You must meet the normal requirements of the UK Immigration Rules for entry as a visitor. In addition you must satisfy the entry clearance officer that you intend to, marry during your visit to the UK.

    I plan to have a church wedding/religious ceremony. Do I need to apply for a visa?
    You will need a visa if you are a visa national or plan to settle in the UK after your marriage.

    If you are not a visa national and plan to get married at an Anglican Church, you do not need an entry clearance or a certificate of approval to marry. You must contact a member of the clergy at the church where you plan to get married to make the appropriate arrangements. When you arrive in the UK you should show the immigration officer evidence that you will marry in an Anglican church.

    If you plan to marry in any other form of religious ceremony, you must get a visa or entry clearance first and give notice to marry to a registrar at a designated register office, before the marriage ceremony can take place.

    My fiancé(e) and I are both foreign nationals who currently have leave to enter/remain in visa categories other than fiancé(e), or visit - marriage. Do we require a certificate of approval for marriage?
    Yes. You will both have to make individual applications for certificate of approval for marriage. All foreign nationals who wish to marry in the UK who do not have the correct visa to do so, must obtain a certificate of approval. This is the same, whether or not you intend to settle in the United Kingdom after the marriage.

    For example: two American nationals with leave to remain as students, who want to get married in the UK, would both need to apply for a certificate of approval in order to give notice to marry in the UK to a registrar. This is the case, even though the marriage would not allow either of them to qualify for settlement in the UK.

    How much does it cost to apply for a certificate of approval?
    The fee is currently £135 for each person who applies. You should allow 3 months for your application to be decided, but 70% of applications are decided within 3 weeks.

    How can I find out more about applying for a certificate of approval and the new rules about marrying in the UK?
    You can get more informationon from the UK Immigration and Nationality Directorate (IND) website.

    Regards

    Triple H
     
  3. cricri

    cricri Member

    Dołączył:
    Maj 30, 2005
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    French citizen wanted to marry Australian citizen

    Triple H,

    Thanks for your reply that was very helpful. Reading it I realised that we will never be given permission to get married in the UK so I am now thinking about going to Australia and get married there. Again, do you know what is the procedure? do I also need to apply for a visit-marriage visa?

    Thanks for help, I am starting to be very depressed with all this business as it seems that we cannot win. Bureaucratie is doing its best to separate us.

    Cricri
     
  4. Triple H

    Triple H Addicted member

    Dołączył:
    Luty 9, 2005
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    1279
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    0
    Płeć:
    Mężczyzna
    Miasto:
    Dublin
    Kraj:
    Irlandia
    Obywatelstwo:
    Brytyjski (GB)
    Język:
    English
    :eek:
    Unfortunately I never got married in AUS.My thai girlfriend was denied visa then ,so we went to Cape Town.
    Procedure to get marry in AUS is very simple if I can remember,they have Civil Marriage Celebrant so you can marry anywhere,no questions asked.You just need ETA visa prior to going there,you can stay up to 3 months.If you plan to stay permanent you better get different type of visa,best ask AUS embassy

    Good luck! :lol:

    Triple H
     
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