Can I marry my fiancé here if they are from outside the EU?

 

Marriage is possible within the UK, even if your fiancé is from abroad and from outside of the European Economic Area (EEA). The rules are complex, and so the matter is best approached via contacting a family law or immigration +solicitor for legal advice.

The issue of marriage in the UK concerns whether or not your partner is resident in the UK at the present moment, and the intended duration of their stay after the marriage ceremony. If your partner is not currently in the UK then they will need to apply for a visa to enter the country in order to marry or enter a civil partnership.

Length of stay

The visa they need to apply for will depend on the length of their stay in the UK. If they are coming only to get married and then return home, then it is possible for your solicitor to obtain a visa for a marriage or civil partnership which will allow your fiancé to remain here for up to six months. The requirements for this visa are that your fiancé is over 18 years of age, has given notice of intention to marry or form a civil partnership to the relevant authority and can demonstrate their ability to fund their return journey home. This is best achieved by purchase of a return ticket for their arrival in the UK.

If your fiancé is planning to remain in the UK after your marriage then the immigration requirements are slightly different. For this visa, your fiancé must be over 21 years of age and must be able to demonstrate that the marriage ceremony is to take place within six months of their entry to the UK. You must also be able to evidence that you have met and know your fiancé already, plan to live together permanently after the marriage and have adequate accommodation and financial resources to support you both within the UK, without your fiancé needing to work or rely on public funds.

Once you are married your fiancé can apply to remain here as a husband, wife or civil partner of a settled person. It is worth noting that a recent change in the law requires new migrants to pass a test of competence in speaking English.

If you would like to obtain legal advice on fiancé visas, Caven can put you in touch with a local specialist immigration solicitor or family law solicitor free of charge. So, if you have any questions or would like our help in finding local immigration solicitors please call us on 08001 221 2299 or complete the web-form above.

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