Marriage

From 1 February 2005, people who are subject to immigration control who wish to marry in the UK will need to follow new procedures.They must either:

Hold entry clearance as a fiancé/e or marriage visitor;
Hold a Home Office certificate of approval; or
Be a person with settled status in the U.K. (e.g. indefinite leave to remain)

People who are subject to immigration control will also be required to give notice to marry at one of a number of designated register offices throughout the UK.

To qualify for the certificate of approval from the Home Office, you must have been granted leave to enter or leave to remain for more than six months from the date that you were admitted into the U.K. and three months of that leave must still remain.

The certificate of approval is valid:

For three months from the date it is issued; or
To the date when your leave to enter/remain expires, if this is less.

You must give notice of your intention to marry to a registrar at a designated register office within this time.

These rules do not apply to anyone who has already given notice to marry to a registrar before 1 February 2005.

Marriage to a British citizen, person with the right of abode or British residents i.e. person holding indefinite leave to remain (ILR)

This visa may be applied for if a foreign national marries a British citizen, or person who has settlement status in the UK. If the applicant is outside of the UK then he/she must apply for entry clearance in order to be permitted to travel to the UK specifically as a spouse.

The Visa, once issued, allows the holder to work without restriction and to exit and re-enter the UK multiple times for a two year period. The two years are a probationary period, whereby shortly before the end of the visa, the Home Office will require to see proof that the couple has been genuinely living together throughout the length of the visa as man and wife.

The requirements for a visa when married to a British citizen, person with the right of abode or British residents are briefly as follows:

They are lawfully married; and
They both intend to live together permanently; and
They have met each other; and
Together they can support and accommodate themselves and any dependants completely.
Neither he/she is not under the age of 16.

At the end of the two year period provided the marriage is genuine and that it will continue to subsist, the Home Office may consider issuing ILR. This is commonly called full residency or permanent residency.

Marriage to an EEA national

European Union law grants EEA nationals a right to live and work in the United Kingdom. This is called a right of free movement; as a result, their non-EEA dependants have an automatic right to gain entry into the UK.

Non EEA family members must obtain an EEA family permit before travelling to the UK if they are coming to live permanently with the EEA national. However if the marriage takes place in the UK then it is possible for the application to be lodged in the UK.

The EEA national needs to apply for a residence permit, which is normally granted for five years. Permanent residency is granted after completing five years.

Marriage to someone who holds an Ancestry visa

This visa may be applied for if a foreign national married someone who holds an Ancestry visa. Please note that it is mandatory to apply for prior entry clearance when coming to the UK as a dependent in this category.

Marriage to someone who holds a student visa

This visa may be applied for if a foreign national marries someone who holds a student visa. Only married partners are eligible to join a person on a student visa and they will be granted leave to remain for a period equal to that granted to the student. During this time they must be able to support themselves either independently or with the help of the student visa holder. This partner will be given permission to work only if the UK student visa was issued for 12 months or more.

Marriage to someone who holds a work permit

This visa may be applied for if a foreign national married someone who holds a work permit. Please note that it is mandatory to apply for prior entry clearance when coming to the UK as a dependent in this category.

Marriage to someone who holds a highly skilled migrant programme visa

This visa may be applied for if a foreign national marries someone who holds a highly skilled migrant visa. Please note that it is mandatory to apply for prior entry clearance when coming to the UK as a dependent in this category.

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