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Marriage
A marriage can form the basis of an application to remain in or enter the United Kingdom. The crucial difference between spouses and “unmarried partners” (see our page on this topic) is that spouses do not need to show a prior period of cohabitation for an application to be successful. It must be remembered that marriage carries responsibilities as well as rights. A marriage should never be entered into without an understanding of those rights and responsibilities. Applications can be made by the spouses of British citizens, UK permanent residents, European Economic Area nationals who are living in the United Kingdom and of other nationals who have certain types of limited stay in the United Kingdom. The appropriate place to make the application (in the UK or outside), the form to be used, and the length of stay to be granted, all depend on the particular circumstances of the couple. Also, couples must consider how they will enter into the marriage as the 'foreign partner' will need the permission of the Home Office if in the United Kingdom or will need a fiancé visa if coming from abroad to enter into a marriage. If you plan to make an application yourself you must read the Immigration Rules relating to marriages and the Home Office policy section thoroughly as this page only provides a very brief overview. The partners of EEA nationals should follow the European guidance specific to them. Many applications will be straight forward, but some people will find it difficult to meet the requirements of the immigration rules or they may have a difficult immigration history. If this is the case, we can help. If you are in a committed relationship no situation is hopeless. See also Unmarried/Same Sex Partners. |
IMPORTANT! Obtaining permission to enter into marriage. Special rules apply regarding obtaining permission to enter into marriage for those subject to immigration control. These include obtaining a Home Office certificate of approval to enter into marriage, and giving notice to enter into marriage at a designated register office. Full details are in the guide available on the UK Border Agency web site (PDF).
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| ©2008 Wesley Gryk Solicitors LLP. Last updated 22 April 2008 | ||||