getting married on a visitor (tourist) visa

The short question: With the new referreal and investigation scheme in place, will the Home Office automatically decline a couple's permission to marry if the foreign national is attempting to marry on a visitor (tourist) visa? I'm asking on behalf of a friend - I married my Brit in 2008 and a lot has changed.

The long backstory: She is an American, he is a Brit. She arrived in the UK in early February with a ton of luggage, no previously approved visa and no return ticket. (I have no idea if they intended, at that time, to get married). She was pulled by immigration control and spent a few hours answering questions. He was called and had to answer some, too. I don't know what questions, and I don't know what they told the immigration officer. She was allowed to enter.

Within two weeks, they posted their engagement on Facebook and the wedding plans were underway. My husband and I both quietly asked if they were aware that she probably can't get married on a tourist visa. They weren't aware of any immigration rules, so I found them the list of designated registrars, and last week they had their appointment to give notice of their marriage in July, just about a month before her visa expires. Their case has been forwarded under the scheme because she is not exempt.

Meanwhile, the venue has been booked, the guests are buying their dresses and suits, and it's full steam ahead because the registrar told them "there shouldn't be any problems". They also somehow left the registrar's office under the impression that she could switch out her tourist visa to one that will allow her to remain in the UK. I find that baffling.

I'm pretty certain this is all going to end in tears, but I'm basing that on my own experience of having to fly back to the States after being in the UK on a tourist visa, and then applying for a fiance visa and beginning the long settlement process.

I want to point this couple in the right direction as their relationship is genuine. I'd appreciate your thoughts on the matter.

It *is* legal to get married on a tourist visa - as long as the intention on entry was not to marry. If the registrar allows them to marry, then that is that, they will get married.

You are right. Marital status is not linked to immigration status. She will need to get entry clearance, but if they are allowed to get married, it will be as a spouse. This means she needs to apply from the US. She will then be on a 5 year path to ILR. She would get an initial visa for 33 months and then would have to apply for FLR(M) which would give her another 30 months visa.

He will need to meet very strict financial and accommodation requirements. She will also be subject to an additional £600 NHS health 'surcharge' in addition to crazy expensive visa fees.

It could all end in tears, but ignorance is not taken as any excuse in these matters! Please try to convince them not to be arrogant and flaunt the rules as several yanks have in the past.... That would ultimately lead to far more heartache and headaches.

I agree with everything that physicskate said.

I will just add a bit:

After she gets married and before her current 6 month visitor visa expires, she MUST leave the UK and go back to the US to apply for her 33 month spousal visa. Over staying will not look good to the UKVI.

There is no current way for a US citizen to apply for a Settlement Visa while on a visitor visa visiting the UK.  All settlement visas must be applied for from the applicant's home country. As she will have to send her passport to the UKVI, she will not be able to travel anywhere outside of the US while her application is processed.

They also need to realise that HE must make the required 18,600 pounds per annum or any of the other various ways to meet the income threshold for their application to even have a chance. Her income has absolutely no bearing on the initial settlement visa. A lot has changed since 2008 visa wise. They need to seriously read up on the current requirements.

It *is* legal to get married on a tourist visa - as long as the intention on entry was not to marry. If the registrar allows them to marry, then that is that, they will get married.

It's UKVI who now decides as that changed under the Immigration Act 2014. The Registrar is required to report the potenial marriage to UKVI and UKVI then investigate. If the UKVI wants to delay the marriage or not allow the marriage, then the Registrar cannot marry them.

Over staying will not look good to the UKVI.

The days of visiting the UK and them overstaying without many problems, has long gone. No working, no free healthcare, no driving, no welfare, no housing as there are now fines if an  illegal/overstayer is housed. No switching (in the UK) to another visa.

Overstaying will have other consequencies for her too. Overstay by more than 28 days it's a ban from UK citizenship for 10 years under a fail of the Good Character requirments.

Trying to use the NHS for free or using the NHS and not paying, will have serious repercussions for her too. If she returns to the UK on a spouse visa she can pay the £200 a year Immigration Health Surcharge with her visa application and get full cover for her healthcare in the UK for most things.

If they were asked at the border whether they intended to get married and they said no so that she would be allowed in the country, then they used deception to gain entry and risk her being banned from the UK for ten years. It's likely their wedding will go ahead without impediment. As physicskate said, marrying on a visitor visa is not strictly speaking illegal. They will also likely then apply for FLR(M), as again they won't find anyone actually standing in their way. The FLR(M) app will be refused and then they will go to the papers with a sob story about how they only want to be together because twoo luv whilst skimming lightly over the fact that they were refused legitimately because they didn't bother to learn the rules.

Sorry, I don't mean to be harsh on your friends, but we've seen this exact scenario play out so many times before. I hope you are able to make them see that it's far easier in the long run to just do things the correct way, but I fear you have an uphill battle. If they are convinced that they can get away with ignoring the rules, they won't be easy to dissuade.

If they were asked at the border whether they intended to get married and they said no so that she would be allowed in the country, then they used deception to gain entry and risk her being banned from the UK for ten years. It's likely their wedding will go ahead without impediment. As physicskate said, marrying on a visitor visa is not strictly speaking illegal.

Except the law changed in March 2015 and UKVI now investigate marriages like these. Hence why they now have these designated registry offices for non-EU citizens to marry at.

Except the law changed in March 2015 and UKVI now investigate marriages like these. Hence why they now have these designated registry offices for non-EU citizens to marry at.

We had the designated offices before the March 2015 changes. Just didn't have the extended investigation possibility before.

Thank you for the clarity, everyone. I was fairly certain she couldn't extend a tourist visa, but I had to ask because I was also fairly certain a person couldn't get married on a tourist visa. It's confusing since the government website says, in multiple places, that marriage on a tourist visa is not allowed.

Again, I don't know if marriage was in fact the purpose of her visit. The lack of a return ticket is suspicious, but at this point that's up to UKVI to decide. All I know is that she quit her job and told her friends and family that she was moving to England, and now here she is.

No need to apologize for harshness, historyenne. This is a harsh business. I will do my best to convince the happy couple of the rules if indeed they do make it past the marriage hurdle. I'll post the outcome of the investigation here.

Well I hope they find happiness. It is tough these days. 

she quit her job and told her friends and family that she was moving to England, and now here she is.

Just pack up and move here?  Sounds like that couple from Plymouth last winter.  Any updates on them?

Just pack up and move here?  Sounds like that couple from Plymouth last winter.  Any updates on them?

https://www.facebook.com/HelpingSaveTheKellyFamily?fref=ts

And yes, this makes me a massive saddo. Looks like they have 'hired' some guy who they deludedly think will make this all go away...

No need to apologize for harshness, historyenne. This is a harsh business. I will do my best to convince the happy couple of the rules if indeed they do make it past the marriage hurdle. I'll post the outcome of the investigation here.

It's no fun to be the bearer of bad news, especially when people are being willfully ignorant or unwilling to do the proper research.  Their Settlement Visa will be denied even if their marriage isn't. The UKVI will take their money, deny them the visa they are applying for and they won't get that money back. Just that would deter most people since a visa application is somewhere around 1,000 pounds with the NHS levy.

It's no fun to be the bearer of bad news, especially when people are being willfully ignorant or unwilling to do the proper research.  Their Settlement Visa will be denied even if their marriage isn't. The UKVI will take their money, deny them the visa they are applying for and they won't get that money back. Just that would deter most people since a visa application is somewhere around 1,000 pounds with the NHS levy.

No, it isn't fun to be the bearer of bad news at all, especially not in the face of a genuine relationship. I initially told them the safest way to go about it - get her back to the US to apply for the proper visa from there, especially since she'd already been stopped on entry. That didn't go over well and obviously is not the route they chose. And yeah, it would be nice if they'd do their own research, but they seem to think none is needed. Hopefully that will change as the months pass.

Maybe you can point them to the official government pages so they can see for themselves if they won't listen to you?

You can apply to extend or switch in any of these routes if you’re eligible, except if you have permission to be in the UK:

- as a visitor

- for less than 6 months – unless you got your visa to get married or become civil partners or you got your visa to wait for the outcome of a family court or divorce

- on temporary admission or release (you don’t have a visa) – unless you apply in a 10-year route

Emphasis mine

https://www.gov.uk/remain-in-uk-family/eligibility

Maybe you can point them to the official government pages so they can see for themselves if they won't listen to you?

Yes, thank you, I sure will.