How to go about getting a marriage visa
You must apply for a Marriage Visitor visa if you want to get married or register a civil partnership in the UK or you want to give notice of a marriage or civil partnership in UK. It is not vital that you need a Marriage Visitor visa to convert your civil partnership into a marriage. Also, you do not need a Marriage Visitor visa if you have settled or pre-settled status under the EU Settlement Scheme. The same also can also be said if you have applied to the EU Settlement Scheme, and have not got a decision yet. This is also the case if you’re an Irish citzen.
What you can and cannot do when it comes to visas
You can: marry or enter into a civil partnership in the UK within 6 months of your arrival – you must use a venue licensed for this purpose. What you cannot do is get public funds or bring in family members (‘dependants’) – they must apply separately or extend your visa or switch to another visa. There are a number of clauses to be aware of when it comes to the ins and outs of visas.
When to apply and the process behind the application
If you need a visa, you must apply online before you come to the UK. As part of your legal application, you’ll need to book an appointment at a visa application centre to prove your identity and provide your documents. Allow time to attend your appointment, as the visa application centre could be in another country. The visa application centre may keep your passport and documents while processing your application. The earliest you can apply is 3 months before you travel.
What does it mean to ‘give notice’ when it comes to marriage or a civil partnership?
To ‘give notice’ you and your partner must sign a statement at your local register office to say that you intend to get married or form a civil partnership. You must have lived in the registration district for the past 7 days before you can give notice. If you or your partner are a non-EEA national, you will need to give notice together at a designated register office. The notice period is 28 clear days. With that, you must wait at least 29 days before the ceremony can take place. During this waiting period, there is no need to remain in the UK.
Gaining clearance
If you are seeking to enter the UK on the basis of your relationship with a UK national you must apply for entry clearance before coming to the UK. If you are applying from inside the UK you must have leave to remain in the UK on a visa that is valid for six months at the time you apply. You cannot switch to a spouse visa if you are already in the UK. This is if were initially admitted for a period of less than six months. For example, if you were initially admitted entry as a visitor or prospective student.
From all of this – what will this type of visa then allow you to do?
Under the Marriage Visitor Visa, you are permitted to marry or enter into a civil partnership in the UK within 6 months of arriving. The ceremony must take place at a licensed venue. You can also travel through the UK in transit to another country. A Marriage Visitor Visa will only be issued for a maximum of six months. During that time, you will be expected to marry or enter into a civil partnership in the UK. You can then return to your home country or country of residence. However, entry clearance officers have the discretion to issue a multiple entry visa. It will be valid for up to one year, in cases where there will be a delay between giving notice and the marriage or civil partnership taking place.
With a Marriage Visa, you must not intend to live in the UK for extended periods through frequent or successive visits, or undertake any activities prohibited under the visa, such as work or study.
In further detail
A Marriage Visitor Visa will also not permit you to switch to a different visa category while in the UK, nor to extend your visa. You will be required to leave the UK and return home to apply for a different type of visa once your existing visa expires. There may be other visa options available to you. This will be in the event that you wish to live and work in the UK. This is typically after you get married or enter into a civil partnership. Take advice on your circumstances and potential alternative immigration routes.
How long does it take also for this to all process and go through?
You can submit your application for a Marriage Visitor Visa three months ahead of your intended date of travel to the UK. This is the earliest that you can apply. You should usually get a decision within 3 weeks. The processing times can vary depending on the caseload of the application centre. The same can apply for any other issues impacting service delivery. This is such as any public health restrictions that may be in place at the time of your application.
The ‘Genuine Relationship’ test – very important
Part of the review process for a Spouse Visa application is assessing whether you meet the ‘genuine relationship’ criteria. This is set out by UKVI. It is designed to tell whether the applicant’s relationship to their British sponsor is real and long-lasting. The exact terminology used by UKVI is “genuine and subsisting”. Overall, these are all of the traits that they will judge you on.
Overall – in the case of an appeal
If a Partner Visa is refused, you can either appeal (if you have grounds) or make a fresh application. To lodge an appeal, you can present your case to an immigration judge. You are eligible to appeal if you feel the decision was genuinely unfair. This can also be done if your visa was refused. It could be due to a mistake was made by a legal representative. An appeal can be made on paper, or in person. In both cases, an independent immigration judge will review your case. They will then in detail decide whether to overturn or agree with the original decision. In the latter, your case will be heard at a Tribunal hearing, which you will likely need to attend.
