Marriage and Remaining on a Visa Waiver

It's still at least a year until my wedding (waiting to finish school before setting a date), and I fully intend to do everything the 100% legal way (in this case, applying for a Spouse visa from the US).  That being said, I was told recently that one could marry and remain (transfer to spouse visa) in the UK on a visa waiver with a lot of luck.  She says she's seen it happen.  Was it legal in the past?  It's not now, right?  I'm inclined to say, "Absolutely impossible!" but I'm willing to consider that it might be allowed with extenuating circumstances (which I can't think of)?  I'd hate for this individual to give someone the wrong advice and for someone to take that advice and get in trouble because of it.  Is it possible at all? 

In April 2003, Parliament tackled a related form of marriage abuse called "queue jumping". In this scenario a non EEA national entered the UK as a short-term visitor and then married a British national or permanent resident. Because of the way immigration rules worked at that time, the non EEA national was allowed to remain in the UK on a settlement track. This circumvented the need for a fiancé visa and accordingly reduced the government's ability to detect sham marriages until it was too late. The practice was also unfair to those who played by the rules and acquired the necessary visas abroad (hence the term "queue jumping"); and worse, it promoted the wholly reasonable conclusion that visitors were lying about their intentions when they entered the UK. To reduce this abuse, the rules were changed such that a non EEA national who entered the UK as a visitor and subsequently married could not switch to settlement status without leaving the country and applying at a British consulate abroad.

Extract from http://londonelegance.com/transpondia/mvv/

Thank you, Garry.  That's what I thought.

She may be referring to the recent case ruling of 'Chikwamba'.  But this is a human rights process, and should not be used as a way to circumvent the correct procedures.


Vicky

Hmm.  I don't think that's what she was talking about, because she didn't mention any court battles, and I believe she was talking about friends.  I'm guessing that she's referring to a marriage before the 2003 ruling, but I don't know. 

What if you got married while you were a visitor as a spur of the moment kind of thing but planned to go back to the US to apply for your spousal visa? Could you stay in the UK for the remaining time of your visit? 

What if you got married while you were a visitor as a spur of the moment kind of thing but planned to go back to the US to apply for your spousal visa? Could you stay in the UK for the remaining time of your visit? 

No one would legally marry you in the UK (except maybe the COE, buth that likely wouldn't work either) if you were here as a visitor.  They are VERY tight on that today and except in VERY VERY VERY exceptional circumstances will they allow you marry.

What if you got married while you were a visitor as a spur of the moment kind of thing but planned to go back to the US to apply for your spousal visa? Could you stay in the UK for the remaining time of your visit? 

hee.  It's pretty much impossible to get married in the UK on the "spur of the moment", even if you were born and raised here! 

To add to what kitsonk said- for probably about a year or so the HO has been known to issue COAs (certificates of approval to marry) to visitors (a change of policy following a lawsuit), but that's a £300 application and since someone on a visitors visa is a "non standard" case, it would probably take longer as well, over and above the 4 weeks it usually takes.  So since you have to go back to the US to get a spousal visa anyway, that's usually not a good route to take...much easier just to marry in the US.

FYI. When I gave notice of marriage while on a fiance visa I had to show proof of immigration status and the registrar questioned my future husband and myself to make sure that it wasn't a sham marriage.

heh.  I was just curious, as I know people in the US can just say "let's go get married" and do it. I was just wondering if it was possible to do in the UK too.

heh.  I was just curious, as I know people in the US can just say "let's go get married" and do it. I was just wondering if it was possible to do in the UK too.

Actually, that depends on the state you are getting married in and whether there is a residence requirement.

heh.  I was just curious, as I know people in the US can just say "let's go get married" and do it. I was just wondering if it was possible to do in the UK too.

No. It doesnt happen in England because EVERYONE has to give 'Notice of Intent to Marry'.. which is displayed on the notice board at the registry office for 15 days and on the 16th day you can marry.

Actually, that depends on the state you are getting married in and whether there is a residence requirement.

Yeah, but there are enough states without a residency requirement that you can just go to one of those states to get married if you really wanted to. 

No. It doesnt happen in England because EVERYONE has to give 'Notice of Intent to Marry'.. which is displayed on the notice board at the registry office for 15 days and on the 16th day you can marry.

Ah okay.  I thought that was just for CoE marriages?

If getting married in the COE then the banns need to be read, which I think is three weeks (Sundays) in a row.  The requirement above is for register offices.  Though, both the C of E and registrars can apply for special dispensations to get it done faster in emergencies.

Vicky