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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi I am a uk citizen living in germany. my fiance of 2 years

Customer Question

Hi I am a uk citizen living in germany. my fiance of 2 years is russian she is currently in the uk on a 6 month tourist visa. can we get married in the uk without her having to leave and apply for a fiance visa in russia. we intend to return to my address in germany, as soon.
thanks
Lee
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.

Hi Lee

Thank you for your question and patience, I’m Tom and I’ll try to help you.

Basically, marriage is no longer linked to immigration status. So, provided that the register is satisfied that you are able to prove your identities and addresses then they should marry you. Tecnically it is at their discretion but they tend not to refuse on grounds of immigration status.

Really, your fiancé should have applied for marriage visit visa (rather than a simply visit visa) if she intended to travel to the UK to marry. If she marries whilst here on a simply visit visa then it might cause some problems if and when she applies for a visa to come to the UK again.

However, if she were to apply for a spouse visa at a later date if and when you plan to settle permanently in the UK then you will be able to get around the slight breach of the immigration rules. Your article 8 right to a family and private life trumps this breach of the immigrations rules and you can probably also argue that it was somewhat impromptu and that she did not knew she was to marry when she entered.

You may have trouble proving her address to the registrar though, but you won’t know for sure until she/you have spoken with them.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Customer: replied 2 years ago.

Hi Tom thanks for getting back to me, i wanted to know if it is against the law to marry on a tourist visa. and if i told the registrar her russian address, and i prove my german address.


thanks for your help.

Expert:  Thomas replied 2 years ago.
Hi,

It's not illegal in the criminal sense, but the home office may argue that it's a breach of the condition of her tourist visa at a later date. It probably doesn't matter if you do not plan to return to the UK but if you do intend to return with her settle permanently then it may cause a problem.

I don't think the registrar would accept her russian but you need to check with them, as that is what they are there for.

Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks for your.

Expert:  Thomas replied 2 years ago.
You're welcome.

Tom

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