Uk Marriage Visa

[09zZAa]

Hi,

My Husband is currently in the UK on a Family Visitor Visa for 6 months, we were Married on Saturday (05/12) in the Church of England. When his Visa expires in January I assumed he would have to return to Thailand to apply for a Marriage Settlement Visa, but I keep hearing different things from different people about the rules!?!?

Does anybody know if:

Now that we are married is he allowed to apply for citizenship straight away or will he have to wait for 3 years?

Is there any possibility of us applying for a marriage settlement visa from the Uk, so he doesn't have to go back to Thailand in January?

When he goes back to Thailand he has to sort out his Army, therefore will have to stay for about 5 months. It would be so much easier for both of us if he could just stay!!

Thanks

Edited December 9, 2009 by 09zZAa

[caledonia]

Hi,

He will have to wait 3 years to apply for a British passport - thats a definite.

Whether he can apply from UK for settlement I am not so sure - I am pretty sure it is a no and he has to return to Thailand to apply but I think I am a bit out of date and some statuses can now be changed in country - so others can best advise!

On the citizen ship issue I am sure however!

Good luck and congratulations

[kennkate]

If He came on a Visit visa and Not on a Fiancee Visa I am sure he will have to return to Thailand in order to apply for settlement.

If He did come on a fiancee Visa to get married in the UK then he can apply for settlement in the UK

As for a UK passport he will have to Pass Life In The Uk test first Then get ILR before you can get a UK passport, Time to wait after that I think would depend on how long he has been in the UK.

I am sure others will give you Good advice

[ThaiVisaExpress]

He has to return to his host country to apply for settlement unless he entered on a fiance visa and he can apply for settlement whilst here ?

Are you sure he is on a family visit and not a fiance visa ?

A family visit is for your spouse to visit the UK yet you have only just married ?

You may only marry in the UK on a fiance visa or get a COA to marry ?

Look at your visa ?

What was the cost ?

Edited December 9, 2009 by ThaiVisaExpress

[snuggzzz]

If you have been legally married in a Church of England Ceremony it should have been on a fiancee visa which you applied for in Thailand. If that is the case, he could now apply for limited leave to remain, which if granted would allow him to stay initially for a further 2 years;

the proof of this is then stamped in his Thai passport.

You will have to prove all the same requirements as in your fiancee Visa made in Thailand in that application for llr.

[caledonia]

Ahhh well spotted people - must have been a fiance visa!!!

Hope that clarfies things for you and hubby

[ThaiVisaExpress]

Yes as advised however the op should clarify this he must be on a fiance/marriage visa.

[sumrit]

Ahhh well spotted people - must have been a fiance visa!!!

Hope that clarfies things for you and hubby

It doesn't have to be a fiancee/marriage visa. A foreigner can get married in the UK if they have a visa that's valid for more than six months.

[7by7]

If in the UK with a visa valid for more than 6 months then someone can marry after obtaining a certificate of approval from the home office and then apply in the UK for settlement.

If in the UK with a visa valid for 6 months or less then they can marry after obtaining a certificate of approval, but cannot apply for settlement in the UK and must return to their home country to do so.

Exceptions to the above:

1) A fiance visa is valid for 6 months, but is a visa issued so the holder can marry in the UK and then apply for settlement. So a certificate of approval is not required, and once the marriage has taken place they can apply for a 2 year further leave to remain in the UK and after that, if they meet the requirements, indefinite leave to remain.

2) A marriage visit visa is issued so the holder can travel to the UK to marry, so a certificate of approval is not required. However, the holder cannot apply for settlement in the UK and must return to their home country and apply there if they wish to settle.

3) A certificate of approval is currently not required if marrying in the Church of England. However, following a High Court ruling, this is going to change at some future point.

So, 09zZAa, from what you have said your husband cannot apply for settlement in the UK, but must return to Thailand to do so.

The spouse of a British citizen can apply for naturalisation as British once they have ILR, or the equivilent, and have been living in the UK for a minimum of 3 years, subject to other qualifying requirements.

[caledonia]

Ahhh well spotted people - must have been a fiance visa!!!

Hope that clarfies things for you and hubby

It doesn't have to be a fiancee/marriage visa. A foreigner can get married in the UK if they have a visa that's valid for more than six months.

That was more a comment on others posting rather than me prestending I knew fact - we will just have to wait for the OP to return to tell us!

[09zZAa]

He has to return to his host country to apply for settlement unless he entered on a fiance visa and he can apply for settlement whilst here ?

Are you sure he is on a family visit and not a fiance visa ?

A family visit is for your spouse to visit the UK yet you have only just married ?

You may only marry in the UK on a fiance visa or get a COA to marry ?

Look at your visa ?

What was the cost ?

Hi,

Thanks for the reply, he is on a un-married spouse Family Visitor Visa. We were Married in a Church of England Church...you don't need a COA for this. We weren't planning on getting Married, that is why we didn't apply for a Fiance Visa...I think now that would have been our best bet!!!

[09zZAa]

If in the UK with a visa valid for more than 6 months then someone can marry after obtaining a certificate of approval from the home office and then apply in the UK for settlement.

If in the UK with a visa valid for 6 months or less then they can marry after obtaining a certificate of approval, but cannot apply for settlement in the UK and must return to their home country to do so.

Exceptions to the above:

1) A fiance visa is valid for 6 months, but is a visa issued so the holder can marry in the UK and then apply for settlement. So a certificate of approval is not required, and once the marriage has taken place they can apply for a 2 year further leave to remain in the UK and after that, if they meet the requirements, indefinite leave to remain.

2) A marriage visit visa is issued so the holder can travel to the UK to marry, so a certificate of approval is not required. However, the holder cannot apply for settlement in the UK and must return to their home country and apply there if they wish to settle.

3) A certificate of approval is currently not required if marrying in the Church of England. However, following a High Court ruling, this is going to change at some future point.

So, 09zZAa, from what you have said your husband cannot apply for settlement in the UK, but must return to Thailand to do so.

The spouse of a British citizen can apply for naturalisation as British once they have ILR, or the equivilent, and have been living in the UK for a minimum of 3 years, subject to other qualifying requirements.

Thank you so much you have been really helpful So when applying for settlement do we just have to prove our financial security and not our relationship? We had to prove we had been together for 2 years to be issued with a Family Visitor Visa (for unmarried spouse's). Or is the more evidence we can obtain still the best policy?