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✎ EN US/UK Marriage Clarification.

Discussion in 'Immigration USA' started by Alonia, Sep 9, 2006.

  1. Alonia

    Alonia New Member

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    Hi everyone, you all seem very nice here so hopefully you can help or point me in the right direction.

    I currently live in the US and want to marry my boyfriend who was born and lives in the UK. At the moment I am trying to find a job over there so that I can enter the country on a work visa and live with him but that’s not looking too good at the moment. I have spent a lot of time with him in the UK and he has been over here to visit as well.

    When we get married it will be in the UK. From what I’m told when I enter the country I should just say that I’m on vacation and then after a few weeks get married.

    What exactly do we need to do to get married? Do we have to apply or anything like that or can we just go through with it like a normal marriage? Everything I read seems a bit confusing.

    Do I need to apply for a fiance Visa here while I'm in the US before I can even think about going over there and marrying him?

    Also once we are married do I keep my US passport? Am I still considered a US citizen?

    I know there are a lot of threads on this board about this very topic, so if there is one you think that can help me I don’t mind being pointed in that direction.

    Thanks very much!
     
  2. Triple H

    Triple H Addicted member

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    YES,you need to apply.

    You can not get married on the tourist visa anymore.


    Marrying in the UK - Frequently Asked Questions (06/01/06)


    From 5 December 2005, if you are subject to immigration control and you want to marry or register a civil partnership in the United Kingdom (UK) you will need to follow the procedures below. You must either:

    hold a fiancé(e) or visitor - marriage / civil partnership 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 / register a civil partnership to a registrar at one of a number of designated register offices throughout the UK. Below is a brief summary of the rules. This page explains how they apply to you and what you must do.

    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 that 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 from 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 / register a civil partnership?
    Yes. You will need to have a visit - marriage or visit - civil partnership visa. Without this, the registrar will not be able to take your notice of marriage / civil partnership. This condition applies even if you are from a country where you would not normally require a visa to come to the UK.

    My fiancé(e) / proposed civil partner 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 / register a civil partnership 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) / proposed civil partner is already in the UK (e.g. as a work permit holder, or a student) and I want to join him / her to get married / register a civil partnership in the UK. What should I do?
    If you intend to stay in the UK only as a visitor for no more than six months you should apply for a visit - marriage or visit - civil partners 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 or visit - civil partners visa. After your marriage / civil partnership 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 / proposed civil partners stay in the UK for more information.

    How much does a visit – marriage / visit - civil partners visa cost?
    The fee is the same as for a standard (6 month) visit visa. Currently this is £50, but you must normally pay it the the local currency of the country where you make your application.

    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 / visit - civil partners 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 / register a civil partnership during your visit to the UK.

    I plan to have a church wedding / religious ceremony. Do I need to apply for a visa?
    Yes. You will need a visa if you are planning to come as a visitor and get married in the UK, whether you are planning a civil or religious ceremony.

    In any marriage involving civil preliminaries, you will have to show your entry clearance to the registrar when you give notice of marriage. Notice must be given at one of a number of designated register offices.

    If you plan to get married at an Anglican Church, 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.

    My fiancé(e) / proposed civil partner and I are both foreign nationals who currently have leave to enter / remain in visa categories other than fiancé(e) / proposed civil partner, or visit - marriage / visit - civil partner. Do we require a certificate of approval for marriage / civil partnership?
    Yes. You will both have to make individual applications for certificate of approval for marriage / civil partnership. All foreign nationals who wish to marry / register a civil partnership 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 / civil partnership.

    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: IND - Marriage Q&A
    or phone the public enquiry number:

    +44 (0)870 606 7766

    Where can I find out more about getting married in the UK?
    Information about marrying in the UK is available on the websites of the General Register Offices:
     
  3. Triple H

    Triple H Addicted member

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