Fiance Visa Or Visa To Marry In Uk

[Stanaris]

What is the difference between a "Fiance Visa" and "Special Visitor Visa to marry"?

I knew about the Fiance Visa because I looked into that before I got married but decided it was more economical to take the plunge.

Yesterday, a friend of my wife submitted an application which she said was a "special" fiance visa which only takes 15 days to get. This got me searching the UK Embassy web site and I found "special visa to marry". I know their plan is to get married in the UK using this visa and then apply for a spouse visa in the UK.

Is this possible? I am only asking because it would be a much cheaper way than the fiance visa route, as the "special" visa is only £76

[VisasPlus]

It sounds like your friend has applied for a visit visa " for the purpose of getting married". If so, then this is a visitor's visa, which allows the holder to marry in the UK, but the holder must leave the UK within 6 months. He/she cannot apply to stay on in the UK for settlement. This is the relevant guidance from UKBA :

Special visitors: Visitors coming to get married

Immigration Rules Paragraphs 56D - 56F

Can I get married or register a civil partnership in the UK?

If either you or your future husband, wife or civil partner are not EEA (European Economic Area) or Swiss nationals, you can visit the UK together to get married or register a civil partnership as long as you intend to leave the country within six months. If you wish to marry and live in the UK please see our Settlement - visa application guide.

Everyone coming to the UK to get married or to register a civil partnership (except EEA and Swiss nationals) must get a visit for marriage or visit for civil partnership visa. You will need to make your application online or complete the following visa application form:

Your friend cannot apply for a spouse visa while in the UK, after marriage. He/she will have to return to Thailand to make a settlement application as the Thai national will need to have a TB test, English test, etc.

[Stanaris]

It sounds like your friend has applied for a visit visa " for the purpose of getting married". If so, then this is a visitor's visa, which allows the holder to marry in the UK, but the holder must leave the UK within 6 months. He/she cannot apply to stay on in the UK for settlement. This is the relevant guidance from UKBA :

Special visitors: Visitors coming to get married

Immigration Rules Paragraphs 56D - 56F

Can I get married or register a civil partnership in the UK?

If either you or your future husband, wife or civil partner are not EEA (European Economic Area) or Swiss nationals, you can visit the UK together to get married or register a civil partnership as long as you intend to leave the country within six months. If you wish to marry and live in the UK please see our Settlement - visa application guide.

Everyone coming to the UK to get married or to register a civil partnership (except EEA and Swiss nationals) must get a visit for marriage or visit for civil partnership visa. You will need to make your application online or complete the following visa application form:

Your friend cannot apply for a spouse visa while in the UK, after marriage. He/she will have to return to Thailand to make a settlement application as the Thai national will need to have a TB test, English test, etc.

Thank you very much for your answer and this is very helpful.

[7by7]

Your friend cannot apply for a spouse visa while in the UK, after marriage. He/she will have to return to Thailand to make a settlement application as the Thai national will need to have a TB test, English test, etc.

Should point out that this rule does not just apply to Thai nationals. No one who is in the UK with a visit visa, whatever category, can apply for settlement whilst in the UK; they have to return to their home country, or country of residence if different, to do so.

[Stanaris]

Your friend cannot apply for a spouse visa while in the UK, after marriage. He/she will have to return to Thailand to make a settlement application as the Thai national will need to have a TB test, English test, etc.

Should point out that this rule does not just apply to Thai nationals. No one who is in the UK with a visit visa, whatever category, can apply for settlement whilst in the UK; they have to return to their home country, or country of residence if different, to do so.

I have another question regarding this visa.

Our friend only returned to Thailand in January at the end of her 6 month student/visitor visa. Will the 6 month rule apply or is this not the case when applying for a "special visitor visa" to marry is involved. I thought that it was only possible to apply for Fiance or Settlement visa within 6 months of returning.

[7by7]

There is no minimum time which has to elapse between visits to the UK. The convention is no more than 6 months out of 12 in the UK as a visitor, regardless of which type of visit visa one previously held and the type applying for this time.

However, this is a convention, not a rule. If she can show a valid reason for revisiting the UK so soon then this wont be an issue. Returning to the UK to marry? Sounds valid to me (but I'm not an ECO).

However, I would, in her position, make sure that she states in her application that she understands that a marriage visit visa does not confer any settlement rights and that she must leave the UK when, or before, the visa expires.

[ThaiVisaExpress]

I would actually like to see an applicant get another TV immediately after returning to Thailand.

[bobrussell]

Just a few words of warning to those getting marriage visit visas. My wife and daughter were detained at Heathrow after they had returned briefly to Thailand and were refused entry because the UKBA thought they were going to try to get settlement visas in the UK!!

We were due to fly back in a few weeks for a holiday and to complete the application process in Bangkok. The reason given was because the immigration official considered that the purpose of the original visa had changed.

It took a lot of arguing but they were eventually allowed to stay in the UK until we were due to go back but it took the threat of my MP raising the matter in parliament to get a change of heart.

In the defence of the UKBA my wife was carrying the application form (with every other bit of paperwork she owns!) and had a single ticket because we were to return as a family with cheaper UK tickets. My wife also got a bit confused and flustered by the questioning which did not help.

I still feel the actions of the UKBA were heavy handed but having seen TV programmes showing sham marriages, illegal immigration etc I am a bit more understanding about the difficulties of sorting out the genuine from the not so genuine.

My advice is don't rely on the marriage visit visa to allow re-entry - apply for a settlement visa as early as you can!