Legal Question in Immigration Law in United Kingdom

To Whom it may concern,

I, Monica Hopley, wish to enquire about a Marriage visa.

- I am an Australian Citizen and currently on a 2 year Youth Mobility Visa which expires on the 25th May 2011.

- I am also engaged and due to be married in London to a British Citizen on Jan 15th 2011.

- I am currently under full time employment and not receiving, nor shall require public funds.

- We have already sent an application away to apply for a Certificate of Approval, which we have not yet received an answer for.

- Can you please tell me the guidelines under which I can apply for a Marriage Visa?

- Do I need to go back to Australia to apply?

- How much time on my current visa do I need left to apply for the Marriage Visa?

- How long does it take for the Certificate of Approval to come back?

Any information would be greatly appreciated.

Many thanks

Monica Hopley


Asked on 12/03/10, 5:18 am

1 Answer from Attorneys
Asif Salam Salam & Co Solicitors

Dear Monica,

Certificates of Approval can vary in the time taken to issue them. Some are decided relatively quickly whilst others can take several months. Unfortunately it is at the discretion of the Home Office and there are no time limits on these kinds of applications.

If you did not want to wait for the Certificate of Approval to come back, then you would essentially have two options:

1 - To return to Australia and obtain a fiance visa, allowing you entry to the UK for a period of 6 months, within which time you would be expected to marry. Once married, you would then have to apply to extend your leave to remain in the UK which, if granted, would give you a period of 24 months leave. After this time you would then apply for settlement in the UK.

2 - To return to Australia and marry there, before then applying for a spouse visa to enter the UK. The spouse visa would allow entry for 27 months, after which time you could make an application for settlement in the UK.

I hope that this information is of use to you.

Regards

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Answered on 12/13/10, 8:10 am


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