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Where can we get married prior to applying for spouse visa?

14 replies

Gothicnightmare · 19/06/2019 01:09

Hi, just looking for options for somewhere my fiance and I can get legally married before we apply for him to join me in the UK on a spouse visa. I'm a British citizen, he is from NZ, with dual US citizenship.

I think the US would be an option. Las Vegas perhaps. I don't care about fancy weddings, I just want a quiet ceremony so we can take the next step to being together properly. But obviously it has to be somewhere that's legally recognised in the UK.

As far as I know the UK itself is not an option for this? I may be wrong though. Anyone have experience of such things? Thanks

OP posts:
Lonecatwithkitten · 19/06/2019 19:46

You can apply for a fiancé visa in the UK if you intend to get married within 6 months. You can then apply for a marriage visa, then apply for indefinite leave to remain.

Jfw82 · 19/06/2019 20:10

My brother and SIL married in Florida before applying for her spouse visa for her to come from USA to UK (though there was was complication of her being considered as being Mexican despite being in US since age 4ish and so also has to do English language tests before applying)

SeaSidePebbles · 19/06/2019 20:12

Why not UK?
He can come on a visitor visa, you get married, you apply from within the UK.

RiversDisguise · 19/06/2019 20:16

He can come on a visitor visa, you get married, you apply from within the UK.

No. The spouse applies. He has to leave the UK to do this.

GeeIneverthoughtofthat · 19/06/2019 20:52

Your fiancé can apply for a fiancé visa which is valid for 6 months which allows you to marry within the UK. He is the applicant, you are the sponsor.

If he applies for a fiancé visa he can then apply for limited leave to remain from within the U.K. It is valid for 2.5 years. After 5 years ( 2 x 2.5 years) he can apply for indefinite leave to remain and then naturalisation.

Just to be clear - you don’t need to get married to apply for a visa. He could apply from NZ / US for entry clearance as a partner. It’s the same process.

Gothicnightmare · 20/06/2019 00:19

Hi, thanks so much for all the comments. It's a confusing process!

The only thing about the fiance visa is the fact that my partner would not be allowed to work here on that visa. His company have offered him a salary for relocating (he works remotely, from home) on the expectation that he'd be working here when he moves. But that would be illegal under the fiance visa. So we're thinking of getting married first and then applying for a spouse visa, where he can work straight away. Also going from fiance visa to spouse visa would incur double the fees.

I haven't seen anything about applying as a partner? Everything I've read is under "family visa" which is either fiance visa or spouse visa. But both involve marriage at some point. The only other option is the partner visa which involves the couple living together for 2 years(?) and having shared bills etc but that's not feasible for us.

OP posts:
RiversDisguise · 20/06/2019 01:28

Just look very carefully at the spouse visa criteria wrt funds or employment (yours). If you meet them then go for it but he cannot apply from within UK if he is there on visa waiver (e.g. on NZ passport visitor entry). He will need to apply from outside UK and you, if you are relying on your 6months' continuous Uk employment, will have to remain employed in the UK (though perhaps you could holiday to be with him). The separation may well be significant, unless you have the funds to pay for the costly expedited visa application. (Turns 60 working day wait into 15 from memory.) Gathering evidence from your employer and whatnot and all the certificates they require may well take a fair bit of time before you can apply and should be factored in.

RiversDisguise · 20/06/2019 01:31

Btw OP good luck- sincerely. A lot of the information on the government website is contradictory and UK immigration staff do NOT know the rules IME. And nor do most people who have not initiated the process since they made it really hideous for foreign spouses/kids since 2012.

Gotakeahike · 20/06/2019 01:51

As others have said, you’ll need to expect to be separated for a period of time while the paperwork goes through after you get married. He will have to stay outside the U.K. during this process. A friend of mine had to stay in the US with their newborn for months while she was waiting for her spousal visa to come through. This was about 3 years ago.

RiversDisguise · 20/06/2019 01:55

Yes. Our family have just reached month four outside the UK, away from our husband/father.

Knitclubchatter · 20/06/2019 02:25

people from the commonwealth really do have hoops to jump through.

Terramirabilis · 20/06/2019 02:46

Be cautious about the getting married in the US idea if he has US citizenship and you don't. You may have problems entering the country to get married since they may fear you're planning to try to stay based on a visa through his US citizenship. I've been through the process to get a green card so I know how picky they are. If you do try this, bring tons of proof of a settled life elsewhere so they don't exclude you fearing you're trying to pull a fast one.

Gothicnightmare · 20/06/2019 08:32

Hi. He's outside the UK just now, in Aus. Yes the form is pretty horrible. He's frustrated that it's not like the US one (although that was many years ago that he moved there). It will be rubbish if he has to go back to Aus after we get married but needs must I guess. Hope you're reunited soon, Rivers.

Good point about taking evidence of return to UK if we get married in America! Thanks everyone.

OP posts:
RiversDisguise · 20/06/2019 09:37

Thanks, Gothic. I am sure you will find a way through!

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