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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I am a uk national. My fiancé - a U.S. national is marrying

Customer Question

I am a uk national. My fiancé - a U.S. national is marrying me in the uk on march 29th. We will be the first uk gay marriage in the country. We have an appointment to give notice on the 13th march.

We have both arrived to the uk today from the US. My partner has been held by immigration for 8 hours as he doesn't apply for a marriage visa to enter the uk- instead using a regular visitor visa.

We didn't realise this was a requirement as we do not intend to settle here. The plan was for me to immigrate to the US.

They have granted him a temporary 1 day visa so he can stay with me overnight tonight and then have him booked on a flight home tomorrow. If he takes that flight it means we miss our marriage date.

Is it possible for him to overstay and still give notice and follow through with the marriage? Would immigration put a stop to it?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,


Yes, a sepcial marriage visit visa is required for your partner and the Registrar will not accept notice I am afraid without him holding the correct visa.

I would not advise your partner to overstay as it very likely that the Home Office will stop the marriage as he will not have the correct visa to marry you in the UK.

The best thing to do is for him to return back to the US and apply for a marriage visit visa using form VAF1f:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/255345/vaf1f.pdf

This will likely delay your marriage plans I am afraid but at least you will both be able to marry lawfully in the UK.

Hope this helps

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