Do I have to have a fiancee visa, or can I marry, go home and apply for spousal visa?

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Do I have to have a fiancee visa, or can I marry, go home and apply for spousal visa?


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Old 21st October 2014, 02:31 PM
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Default Do I have to have a fiancee visa, or can I marry, go home and apply for spousal visa?

Hi all

I've gotten engaged to an Aussie on an ancestry visa in London. I visit every few months for two months at a time. I didn't want to get a fiancee visa because I'd be bored six months in London with no work, so I was going to marry him in London while I'm there between December and February, return to Canada in February to do a government work contract and at that time file for a spousal or dependent ancestral visa (whichever is correct for me).

On a Canadians in UK Facebook group, I was told by someone I could not get married in the UK without a fiancee visa (then switch, pay the fee again once I was married), and that the 'registrar will not issue a marriage licence to you without it.' Is this true?

Thanks in advance to anyone who can help me! (I've been searching visa website and threads here, can't find answer to my question)

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Old 21st October 2014, 02:43 PM
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A marriage visitor visa (https://www.gov.uk/marriage-visa/overview) may be relevant.

In general, just because someone's on on a Fiancée visa doesn't mean they can't work for 6 months. They could marry fairly soon after their arrival in the UK (once they'd been there long enough to give notice), then apply for further leave to remain soon after that - and after that's granted, they can work. So they could be working after about a month.
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Old 21st October 2014, 02:44 PM
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Quote:
Originally Posted by christinacanadian View Post
Hi all I've gotten engaged to an Aussie on an ancestry visa in London. I visit every few months for two months at a time. I didn't want to get a fiancee visa because I'd be bored six months in London with no work, so I was going to marry him in London while I'm there between December and February, return to Canada in February to do a government work contract and at that time file for a spousal or dependent ancestral visa (whichever is correct for me). On a Canadians in UK Facebook group, I was told by someone I could not get married in the UK without a fiancee visa (then switch, pay the fee again once I was married), and that the 'registrar will not issue a marriage licence to you without it.' Is this true? Thanks in advance to anyone who can help me! (I've been searching visa website and threads here, can't find answer to my question)
You can't marry in a visit visa. What might work for you is to apply for a marriage visit visa since you are planning in returning to Canada. Then you can apply for as an ancestry visa dependent. You can't apply for a spouse visa because your spouse isn't settled in the UK which would require him to have either ILR or citizenship.

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Old 21st October 2014, 03:36 PM
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Default Marriage visitor visa

Ok ... following up with your replies (and thank you for them!)

I'm in London now, and leave back for Canada next week. Should I apply for this marriage visitor visa while I'm home November-Dec 10? Or can I only apply for that specifically in the UK when I return to London Dec 11-Feb 20?

I plan to legally marry in that time period, but I feel like the more I read, the more confused I get (again, your replies are alleviating that, thank you!) Such as "Members of your family can’t apply in the UK as your dependant if they hold a visitor visa." See my confusion?

He's already been in UK about a year, is that ok?


Last edited by christinacanadian; 21st October 2014 at 03:38 PM. Reason: Thought of more to add
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Old 21st October 2014, 04:22 PM
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You can't switch from a visit visa to any other visa. You must return to your normal place of residence to apply. A Marriage Visit visa is for those who want to marry in the UK but don't plan to stay in the UK in the immediate future, i.e. right after. In your case, you don't plan to stay (settle) in the UK in the immediate future as you plan to return to Canada after the marriage in order to work and then apply for an Ancestry Dependent visa in the future. Like a tourist visa, you can't switch to another visa from within the UK on a Marriage Visit visa.
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Old 21st October 2014, 04:30 PM
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Do I HAVE to have this marriage visitor visa to marry?
I mean, I can enter the UK without one for a short period of time, or is it just safer to have one, and helps with a document trail?

Had been looking at this, and it doesn't say I need one, like I said, I can get into the UK without a visa for a short period of time.

Information for non-EU citizens

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Old 21st October 2014, 04:40 PM
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A visit visa has a condition that you can not marry, along with no work, no study, no public funds etc. Doesn't matter what the local council says.

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Old 21st October 2014, 04:40 PM
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Yes, you have to have a Marriage Visit visa or Fiance Visa to marry in the UK.

I have already explained that you can't marry on a visitor visa.

Actually it does say you need a visa. From your link:

If you are resident abroad, you will need to have an entry clearance granted expressly for the purpose of marriage or civil partnership registration in the UK. That's what a Marriage Visit visa or Fiance Visa is.

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Old 21st October 2014, 04:43 PM
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Crap, thanks for pointing that out, I apparently skimmed the other link, having spent most of the day on this website.

Thankful it exists!
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Old 21st October 2014, 05:44 PM
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Easily done, sends you cross eyed eventually reading all the rules.

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