How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7481
Experience:  UK Lawyer holding practising certficate for England & Wales.
28732269
Type Your Immigration Law Question Here...
Thomas is online now

I am a UK citizen (university lecturer) currently working in

Customer Question

I am a UK citizen (university lecturer) currently working in Malaysia. I want to marry a (well educated..) Malaysian woman. Would it be better for me as regards XXXXX XXXXX to the UK to live (when I/we return) for us to marry in Malaysia or marry in the UK?


 


Long term we expect to live and work in the UK again in education (we both have PhDs)


 


She is divorced (in Malaysia) and has two young Malaysian children


 

Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

Thanks for your question.

In theory it does not really matter whether you are married in the united kingdom or outside in terms of the wife application for leave to enter and remain in the u k. This is because your wife can I apply for a fiance visa or a spouse visa.

She would apply for a fiance visa if you would not get married if you wish to enter the u k so that you can get married in the united kingdom. She would apply for a spouse visa if you were already married outside the united kingdom. The advantage of applying for a spouse visa is that cause in the case of a fiance visa u have to make 1 application enter the u k and other applications what you want and so that you can switch from a fiance visa to a spouse visa. With a spouse visa application she needs only to make 1 application, she does not mean to make application once she is based in the united kingdom.

Therefore there is more work involved in a fiance visa application. They are also more likely to be rejected because you have to prove that you intend to marry in the united kingdom which means there is a happier evidential burden to prove because you have to show that you have booked the wedding and that this is realistically going to go ahead, so wedding invites, a ring, correspondence, Church booking and supporting statements from others who know you are to marry. This is compared to a spouse visa application where you only have to show that you are married which can do by producing your marriage certificates. If you marry outside the u k and the marriage certificate is not in english then you have to have it translated by 1 of the approved translators, but apart from this you are not required to submit any further documents periods.

If this is useful please kindly click accept and rate my answer as okay service or above. If you do not then I do not receive any credit for the time I have taken to answer your questions.

Kind regards.

Tom
Customer: replied 3 years ago.


Thank you very much, all very helpful.

 

So I will go for a marriage in Malaysia option.

I notice you did not mention her children as a factor..?

 

Would she (and they) be able to travel as a European citizen if she was married to me outside the UK/Europe?

 

And, presumablly on a spouse visa she can live and work in the UK..

 

Expert:  Thomas replied 3 years ago.
Hi

she would be able to travel within the european economic area with you since you would be exercising your treaty rights. However, each country has slightly different rules intensive requirements for her to enter with you and you should check before travelling with her. Don't generally it would not be likely that she would be refused entry to a country within the e e a if you can prove your marriage upon entry.

She would be free to work in the united kingdom once she is here on a spouse visa. However if she is to apply first for a fiance visa then then she would not be able to work for the period in which she is in the united kingdom on a fiance visa but not married to you.

Please remember to make my answer.

Kind regards.

Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7481
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.


Still wondering about the status of her children on a spouse visa if we marry in Malaysia.


Do they have a different set of legal rights?

Expert:  Thomas replied 3 years ago.
hi.

She would have to include the children with her spouse visa application. You will see from the above link that the details on eligibility are largely same to children except the financial requirements is slightly increased.

Kind regards.

Tom.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Thomas

    Lawyer

    Satisfied Customers:

    866
    UK Lawyer holding practising certficate for England & Wales.
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    866
    UK Lawyer holding practising certficate for England & Wales.
  • http://ww2.justanswer.com/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    549
    English solicitor with over 12 years experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    105
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Immigration Lawyer

    Satisfied Customers:

    33
    US immigration attorney licensed in state and federal court.
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    92
    Partner in national law firm