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Topic: Can you marry while on visitor status?  (Read 1555 times)

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Can you marry while on visitor status?
« on: April 14, 2011, 08:21:31 AM »
I can't find an answer that makes sense so I figured I'd ask here.

I'm from the US. She is from France, living in London. Shes been there 17 years and has a French passport.

I'm going at the end of May for 2 months with full intention of returning home like I'm supposed to.

Can we get married while I'm there?  I found a couple of places online that made it sound like we just can't without me having a fiancée visa.  Whereas if she were here visiting me in the states, we could.

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Re: Can you marry while on visitor status?
« Reply #1 on: April 14, 2011, 09:24:00 AM »
No, you cannot marry whilst on a visitors visa.  You will need either a fiance visa (if you plan to settle) or a marriage visit visa (if you dont plan to settle in the UK)

But you are correct that if she visited you in the States you could marry (assuming that she does not plan to settle in the US).


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Re: Can you marry while on visitor status?
« Reply #2 on: April 17, 2011, 02:22:20 AM »
Hmm....ok.  What about someplace else while I'm there, like France or Spain for example?

Well after much more goggling, it seems it would be much easier and less likely to get in trouble with immigration, to just come back on a fiance visa.  So much for running off and eloping ;)
« Last Edit: April 17, 2011, 03:30:12 AM by b0b138 »
25 Oct 2011 Online application
28 Oct 2011 Biometrics
28 Oct 2011 Documents sent to NY priority
31 Oct 2011 Documents received
01 Nov 2011 EEA Family Permit Issued :)


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Re: Can you marry while on visitor status?
« Reply #3 on: April 17, 2011, 06:45:20 AM »
Hmm....ok.  What about someplace else while I'm there, like France or Spain for example?

You would have to look into the immigration requirements for marrying in another country, as you may also need a visa to marry in either France or Spain (or wherever else you're thinking of).

Quote
Well after much more goggling, it seems it would be much easier and less likely to get in trouble with immigration, to just come back on a fiance visa.  So much for running off and eloping ;)

If she is French, then you don't have to go the fiance visa route if you don't want. As she has been in the UK for 17 years, she is a permanent resident in the UK (does she have UK citizenship as well, or just French?), so you can either go the EEA visa route or the UK visa route.

UK visa Route (fiance visa)

- The fiance visa is valid for 6 months and you have to marry and apply for your next visa within the 6 months. You cannot work at all while on the fiance visa and it costs £810 ($1,337).

- After you marry, you need to apply for a 2-year extension visa to live in the UK - this allows you to work and costs either £550 by post (up to 4 months processing before you can work) or £850 in person (same-day decision).

- After you have been in the UK for 2 years on the FLR(M) you will apply for ILR (permanent residence) - this currently costs £972 by post or £1350 in person.

Total cost of visas to ILR (current prices) is between £2332 (postal applications) and £3010 (in person applications).

All of these fees increase twice a year, so by the time you are eligible to apply for each one, they may be much more expensive.

UK visa route (marriage visitor visa)


- You can get a marriage visitor visa which allows you to marry in the UK, but then you would have to return to the US to apply for a spousal visa to move to the UK, because you cannot switch to another visa in the UK as a visitor. The marriage visitor visa costs £76 ($125).

- Once you are married, you return to the US and apply for a 2-year spousal visa, which allows you to work in the UK. It costs £810 (same as fiance visa)

- After 2 years in the UK on the spousal visa you can apply for ILR (currently £972 or £1350)

Total cost of visas to ILR is between £1858 (ILR by post) and £2236 (in person ILR)

EEA visa route

- To marry in the UK you can get a marriage visitor visa (£76). On the EEA route, you don't have to leave the UK to get the next visa and you can just apply to switch in-country.

- After you are married, you can stay in the UK and apply for a 5-year EEA residence card. This is free.

- After living in the UK for 5 years, you can apply for permanent residence. This is also free.

Total visa cost to permanent residence = £76 (for marriage visitor visa) or whatever it costs to marry in another country.

If you want to marry in another country you can (or if you want to return to the US after marrying in the UK on a marriage visitor visa you can), but you would need to return to the US to appy for an EEA family permit in order to enter the UK. The EEA family permit is free. Once you have moved to the UK, you then apply for the 5-year residence card (free) and then permanent residence after 5 years (free).

The only drawback to the EEA route is that it takes 5 years to permanent residence, not 2 years (UK visa route). However, people with EEA residence cards have more rights and benefits than people on UK fiance or spousal visas, so it's not such a big issue and it will save you thousands of pounds on visa fees compared to the UK route!


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Re: Can you marry while on visitor status?
« Reply #4 on: April 17, 2011, 09:03:41 AM »
I'm not sure, they may have closed the loop hole, but until recently you could get married in a church od england wedding while in a visitor's visa. You would need to speak to the priest in the parish where she lives and see if they are willing to preform the wedding, then you will have to get permission from thediosese and obtain a common license (bands cannot be read because of your status.) Once you have done this, the priest could marry you.

You cannot change from a visitor's visa to any other kind of visa and will have to go home before the end of your 6 months.

Like I said, this may have changed, but it is how my husband and I did it. When I returned to the US to get my spouse visa, they were more concerned that I stayed until 2 days before my 6 months where up than that I got married over here.

But given that she is French and it is significantly cheaper to come on an EEA permit, I would go down the route Ksand24 has given you.   


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Re: Can you marry while on visitor status?
« Reply #5 on: April 18, 2011, 04:18:56 AM »


EEA visa route

- To marry in the UK you can get a marriage visitor visa (£76). On the EEA route, you don't have to leave the UK to get the next visa and you can just apply to switch in-country.

- After you are married, you can stay in the UK and apply for a 5-year EEA residence card. This is free.

- After living in the UK for 5 years, you can apply for permanent residence. This is also free.

Total visa cost to permanent residence = £76 (for marriage visitor visa) or whatever it costs to marry in another country.

If you want to marry in another country you can (or if you want to return to the US after marrying in the UK on a marriage visitor visa you can), but you would need to return to the US to appy for an EEA family permit in order to enter the UK. The EEA family permit is free. Once you have moved to the UK, you then apply for the 5-year residence card (free) and then permanent residence after 5 years (free).

The only drawback to the EEA route is that it takes 5 years to permanent residence, not 2 years (UK visa route). However, people with EEA residence cards have more rights and benefits than people on UK fiance or spousal visas, so it's not such a big issue and it will save you thousands of pounds on visa fees compared to the UK route!
[/quote]

I think I've seen this before, but can't find it. Do you have a link to this information?
25 Oct 2011 Online application
28 Oct 2011 Biometrics
28 Oct 2011 Documents sent to NY priority
31 Oct 2011 Documents received
01 Nov 2011 EEA Family Permit Issued :)


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Re: Can you marry while on visitor status?
« Reply #6 on: April 18, 2011, 05:40:05 AM »


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