Legal Question in Immigration Law in United Kingdom

can a uk fiancee visa be applied for while n the uk as a visitor for the 6 months allowed on passport ? if not is there any other way of marrying during that time i am a british citezen age 50 my partner is australian age 55


Asked on 3/16/11, 5:12 pm

1 Answer from Attorneys

Asif Salam Salam & Co Solicitors

Unfortunately there are very little options available to visitors in terms of making in country applications.

You are not able to apply for a fiancee visa whilst your fiancee is already in the country but should make this application from Australia. Also, this visa would only give your fiancee 6 months in which to marry, before she would then have to apply for further leave to remain as a spouse.

Alternatively, she could apply for a spouse visa if you were to marry in Australia, but again this application would have to be made outside of the UK.

The only option which would allow you to marry in this country would be to submit an application for permission to marry, but this would NOT give leave to remain in the UK and would only give you permission to marry. Your fiancee would therefore have to make a subsequent application, after the marriage, for leave to remain but there is no guarantee that it would be granted, because of her status as a visitor.

The best and most simple option would be for her to return to Australia and apply for either a spouse or fiancee visa and enter that way. This would also have the advantage of having a quicker route to settlement here in the UK.

Should you require any further information please feel free to contact us at [email protected]

Regards

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Answered on 3/18/11, 3:14 am


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