andrewjm

Hello,

My partner (from outside the EEA) is visiting me in the UK for the first time soon. We have successfully obtained a visitor visa.

However, we intend to get married within the next 12 months. It would make sense to register the intent to marry when she visits, so it is out the way when we make clearer plans. I have now read that she would need a marriage visa to be officially allowed to register intent to marry.

Are we likely to encounter issues if she applies for a marriage visa to replace the visitor visa while it is still active and "unused"?

Many thanks for your advice,

Andrew

SanDiegogirl

I'm not sure what you are asking here.

You can't "upgrade" to any other visa from a visitor visa.

It sounds as though you are intending to get married in the UK and live in the UK.

If so, you will be applying for a fiance visa and then, once married, applying for a spouse visa.

The fiance visa is valid for 6 months in order for you to get married.

As part of the fiance visa application, you will need to provide evidence that you have contacted the necessary authorities (church/registry office)to register your intent to marry.

You register your intent, then obtain the necessary visa.

andrewjm

Thanks. Please ignore the title, it was shorthand.

As far as I can tell there is no fiance visa now -- I think that one applies for a marriage visa regardless of whether to register intent or actually marry.

My primary question is will we have problems with the home office if my partner applies for another visa (marriage) to replace the visitor visa?

Thanks again,

Andrew

BritInParis

You can do or you can apply for a fiancee visa closer to the time if you intend to live together in the UK. That way your new wife will be able to remain in the UK with you rather than having to go home in order to apply for her spouse visa.

andrewjm

Thanks for the suggestion. Unfortunately, work will required that she returns home after the visit. The wedding would then be on a subsequent visit.

Getting permission now would help, as then it would be in place for the next visit.

SanDiegogirl

There is most certainly a fiance visa. Your options are:

Fiance visa - this is the visa which allows you to marry in the UK and remain to live in the UK. It gives you 6 months in which to marry and, once married, to then apply for the spouse visa which allows you to remain.

Marriage visitor visa - this allows one to enter the UK to marry, but with the intention of then leaving the UK.

Both visas have to be applied for from outside the UK.

BritInParis

Is it your intention to remain in the UK after you marry or to return to your current country of residence?

andrewjm

Thanks guys. Intention would be to go back to her country.

As far as I can tell from the home office website it seems that marriage visitor visa covers both giving notice to marry and getting married (https://www.gov.uk/marriage-visa).

Tha main issue remains the practical one - would it cause issues with the home office to apply for a new kind of visa when she already has a visitor visa?

Thanks again,

Andrew

az2014

No why would it? One is for visiting and the other for getting married.

SanDiegogirl

No issues at all - but you have to apply for any visa from your home country - no entering the UK on visitor visa and then trying to change it.

BritInParis

Forget about the fiancee visa then. You'll be wanting two marriage visitor visas. There's no problem applying for a marriage visitor visa if she already holds a valid visitor visa. The former will simply overwrite the latter.

az2014

Have you even read the whole topic?

BritInParis

The OP and his fiancée aren't looking to remain in the UK after they marry (see post #8) so a fiancée visa is not necessary.

MidAtlantic

I respect your expertise, but that is not what the gov.uk website says here so I can understand why the OP is confused.

https://www.gov.uk/marriage-visa

BritInParis

I'm confused as to why you are confused