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Making Sure I Qualify For Marriage

949 Views 5 Replies 4 Participants Last post by  nyclon
I am engaged to a Scottish national, and am planning on eventually moving to the UK. I came over in August to meet her family and spend time with them. When we finish our current project I plan on going back to school, and would stay at the families house.

Her mother thought that we ought to get married now, and then do the originally planned ceremony a few years from now, or after I go back to university. I am currently in the United Kingdom and wanted to make sure I wasn't wrong about a few things.

I did not come over on a fiance's visa, but on a tourist visa. I have read in a few places that I can get married here, but then would need to return to the States to apply for my spousal visa. That works perfectly well with me, but her family would like me to stay indefinitely. I was wondering if there was a way to do this. I have read a lot of things ranging from 2009-2014, and the answers have varied. I have just shy of 5 1/2 months left on my tourist visa, and am able to sustain my living here without public funds.

Would I be able to 1) Get married, as long as I find a registrar that will marry us? 2) Is there a circumstance that I can then, apply for the proper visa's from within the UK? 3) Are there any risks that intending on returning to university in the year after this current will pose to my status? And lastly 4) Is my ability to not require public funds only applicable to my or my fiance's savings? The project we are working on is bankrolled by her family and they have been covering our expenses, and intended on doing so up until I stop working on the project and return to university.

Thank you in advance to anyone who has any advice or insight, I have had a difficult time making sense of everything required, considering how I am currently in the UK, and did not on arrival intend on getting married.

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Marrying on a Tourist Visa would be viewed as an abuse and create problems later. It a is also doubtful a Registrar will allow a Ceremony. Others may have a different opinion but probably your best solution would be leave UK apply for a Marriage Visa from the US, this allows you to come back get married and then you must leave immediately. If you intend to return to Uni (in US?) this is probably the best answer. Others may be able to add or suggest otherwise.
Good to know, I should have been clearer in my post. The plan is to go to university in the UK. And thank you for the advice.
Well, just my opinion based on what I have read for the last three years:

1) First point is that it is very hard to find a registrar to perform the wedding as you don't have a visa for this. Just the authorisation for the wedding can take up to 3 months and the Home Office must be informed, so it is not very easy. It is considered an abuse, as said before, so not really some I would recommend.

2) You can't apply for a settlement visa within the UK if you hold a tourist visa. I'm not sure if you can apply for an student one (TIER 4), it's unlikely.

3) Your future parents in law cannot sponsor you. Your fiance must to meet the financial requirements (you can only help her if you're applying based on savings). Give the official documents a read to find out exactly what you would need.

I would recommend you go back to the US and apply for the fiance visa. So you can come back, get married, apply for the spouse visa within the UK and settle. Or your fiance going to the US to marry you there, and then you applying for the spouse visa straight away. It is never easy, I hope you find the best way.

PS: Usually, UK citizens do not understand how strict their immigration rules are. My husband's family could not understand why it was so hard for me to move in here. I took us a whole year from getting married to getting my visa.
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Aha! Thanks for your response, that is all very good to know. In which case I'll postpone the plans for getting a quick marriage out of the way now, and focus on doing that later then.
Immigration rules change frequently. Anything from 2009-2014 is woefully out of date. The rules changed drastically in 2012 and there have been other changes since then. Stick to information from within the last year.

What do you mean "project you are working on"? If you are on a tourist visa you are not allowed to work. Period.

You cannot marry on a tourist visa. Period. You can't switch from a tourist visa to any other visa.
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