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Choosing the Right Visa for Marriage

Choosing the Right Visa for Marriage

Travel

Choosing the Right Visa for Marriage

By Gillian McCall – Barrister Partner

In This Article

1. Getting Married in the UK: Avoiding Visa Delays and Mistakes
2. Getting Married in the UK as a Visitor
3. Fiance Visa: The First Step to Marrying and Settling in the UK
4. Unmarried Partner Visa: A Route to Settlement for Long-Term Relationships
5. Spouse Visa: A Cost-Effective Option for Couples Already Married
6. Partners of Points Based System Migrants and European Nationals
7. Related Articles
8. Contact Our Immigration Barristers
9. Frequently Asked Questions
10. Glossary

1. Getting Married in the UK: Avoiding Visa Delays and Mistakes

Within the Immigration Rules, there are a number of different options for individuals who are settled or British and who want to get married in the UK. But at a time when you are planning rings and venues, there is some sense in taking time to review the relevant immigration options to make sure that your dream day is possible. Making mistakes as to the visa application could cause the application to be refused or delayed, which could have an obviously devastating and expensive impact on your wedding. Therefore, while some administrative forms might be less interesting than a day of cake tasting, it is really important to make sure you get this part right. 

To discuss your visa for marriage in the UK with one of our immigration barristers, contact our partner and family visa lawyers on 0203 617 9173 or complete our enquiry form below.

2. Getting Married in the UK as a Visitor

Every year, thousands of people choose to get married in the UK, but have no intention of staying here. Whether or not one of the couple is British, it is important that anyone planning to get married in the UK does not do so when they have entered the UK as a Standard Tourism, Leisure or Family Visitor. This includes those who have a multi-entry visa or those who are non-visa nationals. The Immigration Rules state that someone who enters the UK as a visitor must not intend to marry, form a civil partnership or give notice to marry or form a civil partnership, unless they have entered in a specific Marriage Visitor category. If you were to give notice to marry or even get married while in the UK as a Standard visitor, there is a risk that the Home Office could find that you exercised deception on entering the UK by failing to disclose this intention. This could potentially therefore affect your ability to return to the UK again. 

The Marriage or Civil Partnership Visit Visa specifically permits people to both get married or form a civil partnership, as well as giving notice to marry while they are in the UK. When assessing an application in this category, the Entry Clearance Officer must be satisfied that the person does not intend to be party to a sham marriage. This gives UKVI the opportunity to assess the genuineness of any relationship prior to granting someone entry to the UK, which they would not have if a person has entered as a visitor without the endorsement for marriage or civil partnership. Those who normally do not need a visa to enter the UK as a visitor (non-visa nationals) will need to apply in advance if they intend to marry. 

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Individuals who enter in this category can stay for up to six months, but cannot normally switch into any other category from within the UK, and must demonstrate that they intend to leave the UK at the end of their stay. Therefore, if you do want to stay in the UK longer, there may be other categories which are more appropriate for your circumstances. An early conversation with your partner about where you want to get married and where you want to live after the wedding could help save making the wrong application. 

3. Fiancee Visa: The First Step to Marrying and Settling in the UK

If your partner is British or holds Indefinite Leave to Remain in the UK (Settlement), and you want to come to the UK to get married and then remain in the UK, the appropriate application is as a Fiancé(e) under Appendix FM. 

This application will initially be granted for a period of six months to allow you to get married (and if for any reason you can’t get married in that time, it can be extended). After you are married you can switch into the Spouse category, without leaving the UK. 

Unlike the Marriage Visitor category, you don’t need to demonstrate that you intend to leave the UK at the end of your stay, instead, you need to show that you intend to settle permanently in the UK with your partner. The requirements, therefore, are a little stricter than for those just visiting. There are specified evidential requirements to demonstrate that you meet the financial requirements for example. 

For most people this means demonstrating that your partner in the UK earns at least £29,000, either through salaried employment or self-employment. Alternatively, you or your partner can show that you have savings of at least £88,500. The Immigration Rules also allow for earnings from shares, property or pensions, and in some cases you can combine different types of earnings together, in addition to savings to make up any shortfall. 

One problem for those getting married in the UK is that they will effectively have to make two immigration applications within a very short space of time, and given that the Home Office fees are now over £1846 per application in addition to the Immigration Health Surcharge fee of £1035 per year,  you need to pay for the second application, this can add unwanted costs to an already expensive time. 

While the requirements for Fiancée and Spouse are very similar, even if there is just a short time between making the two applications, because of the requirement for all evidence to be up to date at the time of the application, particularly the financial documents, there is likely to be a substantial amount of new documents necessary to make the Spouse applications, which can be frustrating for couples who would rather be organising their honeymoon rather than their UK visas. 

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4. Unmarried Partner Visa: A Route to Settlement for Long-Term Relationships

One potential alternative to applying as a fiancee is instead to apply as an unmarried partner. Under this route you will need to demonstrate that you have been in a relationship akin to marriage for at least two years, which adds an additional evidential burden. However, if you are able to do this, you are granted a period of permission to enter the UK for two years and nine months and do so on a route to settlement. If you do get married during this period, it is not necessary to make a further application or to change immigration routes. This makes the unmarried partner application potentially the most straightforward and cheapest option. However, to demonstrate that you have been in a relationship similar to marriage the Home Office expect strong evidence: 

‘The 2-year period for a relationship between a couple who are not married or in a civil partnership must have been completed prior to the date of application. The 2 year period does not require evidence of cohabitation for the period and will take account of instances where, for example, the couple are currently living apart for work reasons in order to meet the financial requirements of the rules.  The essential point is that the relationship has been genuine and subsisting for the duration of the 2-year period and continues to be at the date of application.’

This additional evidential burden may mean that for some couples even if they have been dating for a long time, a different application may be more suitable. Where a couple has not yet been in a committed relationship for at least two years, the unmarried partner route will not be an option except in the most exceptional circumstances. 

5. Spouse Visa: A Cost-Effective Option for Couples Already Married

The Spouse Visa application is for individuals who are already married. Getting married outside of the UK and then applying to enter directly as a Spouse can save the money of making two visa applications, although you will need to bear in mind any costs you will incur in the county where your wedding will take place. Applying in this category still has a financial requirement and you must prove that you intend to live together permanently in the UK. However, there is now no need to prove that you intend to get married within six months. This can provide couples with more flexibility over their wedding day, but does mean they can’t have their legal wedding ceremony in the UK. This does not, however, preclude a wedding party in the UK. 

6. Partners of Points Based System Migrants and European Nationals

The Immigration Rules for partners of Points Based System Migrants do not have specific provisions for Fiancé(e)s. People in this situation will need to consider alternative options. This may mean getting married outside of the UK or making a Marriage Visitor application. 

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Explore the related articles from our Knowledge Centre for valuable insights into spouse, partner, and family visa applications.

For further advice about the appropriate category for you or assistance with making an application or an appeal, contact our immigration barristers on 0203 617 9173 or complete our enquiry form below.

What visa do I need to get married in the UK if I don’t plan to stay afterwards?

If you don’t plan to stay in the UK after marriage, you should apply for a Marriage Visitor Visa, which allows you to marry or give notice of marriage in the UK without staying long-term.

Can I get married in the UK on a standard visitor visa?

No, entering the UK on a standard visitor visa does not allow you to marry or give notice of marriage. Doing so could cause difficulties with both your marriage and future applications to enter the UK. 

What is the Fiancé(e) Visa, and who qualifies for it?

The Fiancé(e) Visa is for individuals who intend to marry their British or settled partner in the UK and remain afterward. It is valid for six months and can be extended if you cannot marry within this time.

What is the financial requirement for a Fiancé(e) Visa?

The sponsor in the UK must earn at least £29,000 per year or show savings of at least £88,500. Combined income from various sources, such as property or pensions, can also be considered.

What is an Unmarried Partner Visa?

The Unmarried Partner Visa is for couples who have been in a relationship similar to marriage for at least two years. It allows entry to the UK for 2 years and 9 months with a pathway to settlement.

What are the visa options for partners of Points-Based System migrants?

Partners of Points-Based System migrants may need to explore alternative options, such as marrying abroad or applying for a Marriage Visitor Visa.

Can I switch from a Fiancé(e) Visa to a Spouse Visa within the UK?

Yes, after getting married in the UK, you can switch from a Fiancé(e) Visa to a Spouse Visa without leaving the country. It is, however, not possible to switch from a Marriage Visitor Visa to a Spouse visa in the UK

What happens if I marry on the wrong visa type?

Marrying on the wrong visa type, such as a standard visitor visa, may impact future applications to come to or remain in the UK.

How can I get help with my UK marriage visa application?

Contact experienced immigration barristers for guidance and assistance with your visa application to ensure a smooth process.

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