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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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As an international student{age 25} who has been in the UK

Customer Question

As an international student{age 25} who has been in the UK for four years, Can I get married to a girl of 18years of age who has an Indefinite Leave to Remain .
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Thanks for your question.

 

When does your current visa run out and are you able to extend this (or apply under another category) without relying on your proposed marriage?

 

Kind regards,

 

Tom

Customer: replied 4 years ago.
June 2011
Expert:  Thomas replied 4 years ago.

Okay, can you renew the visa or apply with a decent chance of success for a visa under another category once that runs out?

 

I'll explain why this is important once you have answered...


Tom

Customer: replied 4 years ago.
i will finish my studies in dec 2010,and i will have my graduation in nnov 2011. that is why i want to change to spouse visa so i can get indefinite within 3years.
as i have said earlier that my current visa runs out in june 2011, so can you tell me why i shouldnt go on .
Expert:  Thomas replied 4 years ago.

This probably won't be the news you wanted to here.

 

The criteria to be eligible to apply whilst you are in the UK for a spouse's visa is as follows (together with suggested documents to prove criteria:-

 

  • 1. That you are legally married to each other (marriage certificate)
  • 2. You have met before (statements, correspondence)
  • 3. You are not in breach of the immigration rules (your visa)
  • 4. Your decision to marry was not due to you potentially being deported)
  • 5. Your wife is present and settled in the UK (eg. Passport, proof of accommodation)
  • 6. You intend to live permanently together here in the UK as husband and wife (statements, evidence of her (statements, correspondence(
  • 7. You can support each other without the need for public funds (bank statements, evidence of income)
  • 8. You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds (tenancy agreement, land registry docs if you your own home)
  • That neither of you are younger than 21 years of age. (birth certificates, passports)

You will note that it is a requirement that both of you are 21 years of age in order to be eligible. You would also have to apply for a certificate of approval for marriage from the UKBA and it is also required that you are 21 years of age in order to obtain tis. A certificate for marriage in an Anglican church is not required, but to marry to an immigrant it is still required that you are both over 21.

 

You could marry out of country where the rules are not as strict, but I am sorry to say that no application you make for a spouses visa will be successful until your are both 21 years of age. So were you to marry out of country and then return you would have to look to secure your stay here under another visa category until you are of age.

 

I would not advise marrying until you are both 21 years of age and are confident that you otherwise fulfill the eligibility criteria as set out above, you could see a local immigration solicitor about this searching using:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

or for more general but free advice by calling:-

http://www.iasuk.org/home.aspx

 

I would advise investigating the visa options open to you to secure your stay either by extending your student visa by further studies (if possible):-

http://www.ukba.homeoffice.gov.uk/studyingintheuk/

Or by looking in to the obtaining a visa under the points based system:-

http://www.ukba.homeoffice.gov.uk/workingintheuk/

 

If you can stick it out until your fiancee obtains the age of 21 then you can apply for a certificate of approval for marriage and a spouses visa thereafter.

 

I am very sorry that it could not be better. Some may view the 21 years of age criteria as arbitrary but the reality is that it is law motivated out of a desire to prevent forced marriages.


If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6644
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 4 years ago.
Ok. Thanks .
But from a source i heard that I can also apply for co-habitation ...i.e we are living together and i will be issuing my spouse visa.
how true is this?
Expert:  Thomas replied 4 years ago.
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