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✎ EN US citzen - can you marry in UK without marriage visa

Discussione in 'Immigration UK' iniziata da larastjohn, 2 Settembre 2006.

  1. larastjohn

    larastjohn New Member

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    I know as a UK citizen you can enter the US on a visitor waver program and get married... does the same apply if you are a US citizen entering the UK on a visitors visa. Can you get married or do you have to have applied for a visa to marry.
     
  2. Triple H

    Triple H Addicted member

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  3. Triple H

    Triple H Addicted member

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    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:
     
  4. kgarlington

    kgarlington New Member

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    You have to return to your country after you get married and the reapply as a dependant? Is this only if you originally just applied for a marriage/visitor's visa before you entered the U.K.? Does this apply if you enter on a fiance visa and then get married?

    --------------"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."

    I was also wondering if someone could explain how long it takes to get approved for resident visa after you get married. Specifically, how long until you are able to work?
     
  5. Triple H

    Triple H Addicted member

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    :( Hmmm

    Obviously not very clear.....Copy/paste from official website and you get this.
    :headscratch:

    http://www.ukvisas.gov.uk/servlet/Front ... 6654124706



    Anyways,if fince/e visa granted, after marriage has taken place you apply with the form FLR-M while in the UK.You dont have to go anywhere.
    It can take few weeks or few months.
     
  6. kgarlington

    kgarlington New Member

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    immigration

    Hi, thanks. I am now thinking we can just get married here in the U.S. and I can apply for the spouse settlement visa, go to the UK and then apply for I-130 in the U.S. so we can eventually return together and he will be able to work. If we get married here and apply for settlement visa - do you know how long the processing time is? Is it one week, like it says on the website? Once I get approva and enter the UK, will I have the right to work?
     
  7. Triple H

    Triple H Addicted member

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