Marriage Question

If someone is in the UK on a work permit and wants to marry a British citizen, what are their options? Must they still leave the country to apply for a fiance visa, or simply marry and leave the country to apply for the spousal visa? Any caveats?

Neither one, I'm pretty sure. Wouldn't they just get married and then apply for FLR or ILR based on their time in the country and their new marital status?

Is that right? So no reason to leave the country to apply for a visa?

The person on the work permit needs to apply for a Certificate of Approval and have at least 6 months of leave remaining on the permit. They'll have to register at one of the designated offices and after the marriage can they can switch into a FLR(M) if they want to. Garry or Victoria, can you correct this if I'm wrong?

MTA: They don't have to leave the UK to get the COA, it can be done in-country.

I really don't think so. You don't need entry clearance for FLR or ILR and you only need a fiance visa in order to come into the country to get married.

I'm 99% sure that's right. V, where are ya?  

Oops, just saw Tanis's post. 

Full points to Tanis!

 


Victoria

Cheers for the info!

The person on the work permit needs to apply for a Certificate of Approval and have at least 6 months of leave remaining on the permit. They'll have to register at one of the designated offices and after the marriage can they can switch into a FLR(M) if they want to.

Here is the link for applying with IND for a CoA:

http://www.ind.homeoffice.gov.uk/ind/en/home/applying/application_form.html

Also, an important note when actually going to get married.  When you go to get give notice in England and Wales, you have to go to one of the 76 designated offices that handle immigration marriages and surrender your CoA.  You will not get it back.

The person on the work permit needs to apply for a Certificate of Approval and have at least 6 months of leave remaining on the permit. They'll have to register at one of the designated offices and after the marriage can they can switch into a FLR(M) if they want to. Garry or Victoria, can you correct this if I'm wrong?

MTA: They don't have to leave the UK to get the COA, it can be done in-country.

OR you could do what my husband and I did.  Rather than go through the hassle of the COA, we just went to the US to get married.  He's British...and because he didn't intend to reside in the States after the wedding, he just went into the US as a regular tourist.  And I came back into the UK, after the wedding trip,  on my work permit.  But as advised by my immigration attorney in Oxford, I also showed UK immigration our New Mexico marriage certificate and told them that I was not planning to get a spousal visa -- I will simply apply for ILR once I'm eligible by virtue of living & working in the UK long enough. 

So the worst case for us would be if I lose my job between now and time for me to get ILR.  But if that happens, I'll just go back to the US, apply for the spousal visa, and then come back into the UK again and look for a new position.   It just means it'll take longer to be eligible for ILR, but it's not the end of the world.

In our case, we honestly didn't care whether we got married in the US or in the UK, so going home (for me) to get married was the easier option for us as a couple.

Good luck with your own situation!

Janet

(lordcelery.blogspot.com)

That's certainly an option, but if the applicant wants to get ILR quicker (now it is a choice of five years or two it is highly relevant), or doesn't want to stay int heir job, or doens't want the hassle / expense of flying to the US, the COA route is quite straight forward.


Victoria

So, if the person holding the work visa loses their job in the UK the option of not applying for a fiance visa and spousal visa are no longer available?

That's not what I am saying.  I am saying that if at the time of marriage the non-EEA national wants to move jobs or foresees the possibility of wanting to move jobs, then they are better off applying for a spousal visa at the earliest.  The same goes for if they think they will ever want to apply for citizenship.

They can apply for the spousal visa at any point.


Victoria

I'm going to be getting married next year...I'll be finishing up my 3rd year here in the UK, so I'm not doing the spouse visa at all...if I choose to get married in the UK then I'll do the COA...but as my job wants me to stay for a LONG time I don't see the need to pay for a spouse visa...I'd get my indefinite leave to remain in the same time either way!  So - it does depend on how long you've been here on a work permit and whether you want to stay in your job too!

That's certainly an option, but if the applicant wants to get ILR quicker (now it is a choice of five years or two it is highly relevant), or doesn't want to stay int heir job, or doens't want the hassle / expense of flying to the US, the COA route is quite straight forward.


Victoria

Victoria, my additional problem was that to get the COA would have tied up my passport for awhile last year.  I travel as a corporate trainer and couldn't lose the use of my passport without creating a lot of work complications.  So all in all, it made more sense for us to get married in the US.  Also, I like the idea of eventually being able to get ILR independently of my maritial status, since I had already been a UK resident for over 3 years at the time we married in January 2006.  Shame that the waiting time for ILR for me has risen from 4 years of residency to 5 years, though.

Janet