harry_ariy

Hello,
Advise is needed:
I am a British citizen and married my girlfriend when she was in the UK on a tourist visa. Will she be able to apply for a settlement visa from her country of origin

ian-mstm

More information is needed.


Congratulations - what is her citizenship? You don't say and we're not mind readers.


Perhaps, perhaps not. Where do you plan on living... the UK or wherever she's from?

Ian

civilservant

You're on the wrong forum, please refer to UK-Yankee Forum - Index

harry_ariy

My wife is in India. We had no plans to get married when she applied to come to the UK on a visitors visa. We did seek clarifications from the registrar of marriages as well as from the Home Office in Liverpool. Now she is back in India. Planning to apply for a settlement visa for her to come to live with me in

SanDiegogirl

Surprised you were able to do this....... registries and religious venues are much more conscious of immigration rules and have to apply for a permit to marry someone who is in the UK on a visitor visa and who wishes to marry.

Expect to get more scrutiny of the settlement application.

harry_ariy

Hi,
The registrar's office did refer our request to the Home Office. Home Office gave no case for concern. Hence we were married at the registrar's office. My concern is that I realise that one cannot marry a UK citizen while on a visitor's visa. Has my wife violated the immigration rules by marrying me? If so how to remedy this?

SanDiegogirl

Nothing you can do as you are married - you can't "unmarry" and do it properly.

As said, apply and see what happens.

Pollyana

Its been moved to the BE UK forum, its fine there.

formula

Then why didn't she apply for the correct visa: a Marriage Visitor visa?

Or if you only decided when she got here, why didn't she return home and apply for a Fiance visa so she could marry in the UK (if that is where she wanted to get married)?

Did you tell the Home Office she was only a a standard visitor visa, when she applied to marry you on that visa?


This is what it says for the standard visitor visa that she applied for.

"What you can and can’t do

You can:

• take part in any of the business-related activities mentioned in the Visitor Rules
• study for up to 30 days, as long as it’s not the main reason for your visit
• take part in an exchange programme or educational visit (if you’re under 18)
• convert your civil partnership into a marriage

You can’t:

• do paid or unpaid work
• live in the UK for long periods of time through frequent visits
• get public funds
• marry or register a civil partnership, or give notice of marriage or civil partnership"

https://www.gov.uk/standard-visitor-visa/overview



I'm not sure how a breach of that visa would be viewed. What other information did she omit from her standard visitor visa application? Did she admit she was coming to visit her boyfriend/fiance on her visa application? And at the border if asked?

All you can do is apply for a spouse visa and see what happens. Her application will be looked at closely.

BritInParis

You can't come to the UK on a standard visitor's visa with the express purpose to marry. You are not explicitly prevented from marrying by the Immigration Rules despite what the GOV.UK website states which is why the registrar and Home Office allowed your marriage to go ahead. Providing your wife applies from India for her settlement visa and you meet the other requirements then you'll be fine.

harry_ariy

Hello,
Thank you for the positive response. My wife did apply for a settlement visa from India and she has been refused on the following grounds:
Whilst considering your application I must also take in to consideration your previous immigration history. I note that you travelled to the UK as a visitor following an invitation from a family friend Mr Harry. Rules for visitors is detailed bellow:
A visit visa should normally be refused where the applicant has previously contrived in a
significant way to frustrate the intentions of the Rules by: (i) overstaying; or
(ii) breaching a condition attached to his leave; or
(iii) being an illegal entrant; or
(iv) using deception in an application for entry clearance, leave to enter or remain or in order to obtain documents from the Secretary of State or a third party required in support of the application (whether successful or not);
and there are other aggravating circumstances, such as absconding, not meeting temporary admission/reporting restrictions or bail conditions, using an assumed identity or multiple identities, switching nationality, making frivolous applications or not complying with the re-documentation process.
A visit visa is for a maximum of 6 months but I note that you married during your stay in the uK.
You made no reference to your spouse in the previous application nor did you mention your intention to marry. That aside, there are specific categories through which you could apply if your intention was to marry. The visit cateqory has no facilitv to allow setflement. Given the above I am not satisfied that you meet the suitability requirements of EC-P.1 . 1 (c) - Section S-EC
Your application for entry clearance to come to the United Kingdom is therefore refused.

teejaydee

In your OP you asked the following question:

Then, after several people had spent time giving advice, you casually mention:

If you expect accurate advice, you need to give the whole story at the outset. What were you trying to gain by misleading contributors on this forum?

bobbyleo

Misleading the Home Office has its consequences.

harry_ariy

I am sorry if you thought I was misleading the forum.

rebeccajo

He didn't mislead anyone.

She entered legally. They decided to get married. They applied for permission at a registrar. The registrar informed the Home Office of the request and it was approved. They married and she returned home. She will be applying to settle from abroad, as is required.

Dude just asked a question. Can we not advise him without giving him the jitters over things which will not affect his application?