Marriage and Civil Partnership Visit Visas
It is wedding season and to immigration solicitors that means applications for marriage visas and civil partnership visas under the visitor visa route. In this article, our Spouse Visa Solicitors run through the essentials of the marriage and the civil partnership visitor visa. We can help answer your questions on whether this is the best visa for you.
UK Online and London Based Immigration Lawyers and Spouse Visa Solicitors
For advice on visitor visas and getting married in the UK call the expert London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
The marriage and civil partnership visitor visa
If you are from overseas and you are planning to come to the UK to get married, or enter into a civil partnership in the UK, then you may need to apply for a marriage visa or civil partnership visa in advance of your big day.
This individual immigration application comes under the visitor visa route. That surprises some visa applicants but entry clearance is secured under the visitor visa route as the marriage visitor visa only gives temporary permission to enter and remain in the UK.
The immigration rules on marriage visas and civil partnership visas
The immigration rules on marriage and civil partnership visitor visas are contained in Appendix V of the UK immigration rules.
Who qualifies for a marriage visa or civil partnership visa?
To qualify for a marriage visa or civil partnership visa you must be:
- At least 18 years old
- Intending to give notice of marriage or civil partnership in the UK (or you intend to marry or enter a civil partnership in the UK within six months of your entry to the UK)
- In a genuine relationship. This means you can't be intending to enter into a sham marriage
- Intending to only enter the UK for a maximum of 6 months and will leave the UK at the end of your visitor visa
- Not planning to carry out any non-permitted activities whilst in the UK on the visitor visa
- Able to provide for yourself and have enough money to support yourself while in the UK – this includes travel and accommodation
- Not intending to work in the UK or to access public funds
- Not planning to keep entering the UK on a series of visitor visas to make the UK your home through frequent trips
- Not within the general grounds for refusal of a visa application
Do all overseas nationals planning to marry in the UK need a marriage visa?
Some assume that if they are a national of a non-visa country that they will not need a visa to enter the UK to get married or to enter a civil partnership. That is incorrect.
If you want to marry or form a civil partnership in the UK then you will need a visitor visa unless you:
- Qualify for British citizenship or for dual British citizenship – you should apply for British citizenship rather than a marriage visa
- Are an Irish citizen
- Have settled status under the EU Settlement Scheme
- Have pre-settled status under the EU Settlement Scheme
- Have a pending EU Settlement Scheme application that was made before the 1 July 2021
- Are converting an existing civil partnership into a marriage
- Are coming to the UK to celebrate a marriage that would not be recognised as a legal marriage in the UK. This includes some religious ceremonies that do not comply with UK marriage law. If you are in any doubt about the status of the ceremony it is best to ask. For example, in addition to the religious ceremony you may also be participating in a separate civil ceremony that is recognised in UK law as a valid marriage
Evidence needed to obtain a marriage visa
Whilst you may be clear that you want to come to the UK for the express purpose of getting married, you will need to provide sufficient information and paperwork in support of your application in order to get the Home Office to process and approve your visa application. This could include evidence of your marital status or evidence that you are in a genuine relationship.
The Home Office will accept a variety of evidence but often people provide details of the registry office or church or the booked reception.
Applying in advance for a marriage visa
Whilst you should apply in advance, the immigration rules say that you can apply for your visa up to 3 months in advance of planned UK travel.
Giving notice of the marriage or civil partnership
Under UK marriage law you need to give notice of your intention to marry. That involves the engaged couple signing a statement at the local register office stating you intend to get married or form a civil partnership. To file the notice, you must have lived in the registration district for the previous 7 days before giving notice. The notice period is 28 days. If you wish to do so, you can enter the UK on a visitor visa to give notice and then return to get married once the notice period has been complied with.
Spouse visas
If you want to live in the UK after marrying or entering into a civil partnership with someone who is either a British citizen or a person who is settled in the UK then the marriage or civil partnership visitor visa is not the right visa for you. That’s because it is only a temporary visa to enable you to get married in the UK.
If you want to live in the UK on a long term basis our Spouse Visa Solicitors can talk you through the eligibility criteria for a spouse visa or your other potential visa options, such as the skilled worker visa.
UK Online and London Based Immigration Lawyers and Spouse Visa Solicitors
For immigration law help call the immigration team at OTS Solicitors on 0203 959 9123 or contact us online