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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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Hi, I wanted to ask a question, my boyfriend who I have known

Customer Question

Hi, I wanted to ask a question, my boyfriend who I have known for almost a year now is from Pakistan. And recently has come here for a visit, he is here for 6 months. We both are over 19. i am a british citizen and he is from pakistan.
my question is what is the best way of getting married, our families do not agree to out marriage and are strictly against it, but we wanted to get married.
My question is if we get married here how do we go about it?
Do I have to go Pakistan and get married to him, or can we do it here.
It is his 1st visit to the uk.
I also wanted to ask that I do not want my family to find out about this marriage, as I am not prepared to tell them.

Could you please help us?
And give us the best advice on how we can go about it.
my email address isXXX@XXXXXX.XXX
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 4 years ago.

Hi,


It's not good news I'm afraid.

 

You cannot apply for a visa for him based on your marriage until you are both 21 years of age. This criteria is applied very strictly and there is no flexibility in it whatsoever, it's for public policy reasons and is supposed to prevent forced marriages.

 

Once you are both 21 years of age you can either apply for a fiance visa to marry here or a spouses visa after you have married out of the country.

 

 

The eligibility criteria is largely similar for both applications.The advantage is that if your fiance visa is refused then you are not married. If you marry and you spouses visa application is refused initially and then on appeal then you are stuck being married but in different countries.

 

Here is the criteria you would need to fulfill for a fiance visa, as I say the criteria is largely the same for a spouses visa. If you meet this you will almost certainly not be refused a spouses visa:-

 

  • You plan to marry within 6 months of her arriving here (egg. statements from you and others, possibly a booking of a church/venue)
  • You plan to live permanently together here (statements, correspondence)
  • You have met each other before (eg. statements from you both and others, correspondence)
  • You can support each other without the need for public funds (bank statements, evidence of income, evidence of jobs available that your husband could do)
  • 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)

He will also have to pass and english language test showing he has a basic command of spoken and listening English.

 

As I say though, until you are both 21 years of age you will have to put up with visitor's visas or with him obtaining a work visa under the points based system or a student visa. Info on these here:-

 

http://www.ukvisas.gov.uk/en/howtoapply/infs/

 

 

If this has been 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: 6650
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 4 years ago.
Hi sorry i forgot to mention i am 21 and he is 24 years old
Expert:  Thomas replied 4 years ago.

In that case you are of age to be eligible to apply.

 

The UKBA will not entertain an application for a spouses visa or fiance visa whilst he is on a visitor's visa because he was granted that specifically on the basis that he was only here for a fixed period of time. They are very strict with this.

 

When he returns to Pakistan you can then apply for either a fiance visa or spouses visa by submitting Form VAF4 to the British Embassy there. The form is available for download from the UKBA website and ti would be best for a solicitor to prepare it first to give you the best possible chance of success without appeal.


Thanks for your kind accept.

Tom

Customer: replied 4 years ago.

ok. but what about my parents?

i dont want them to find out

is that possible

Expert:  Thomas replied 4 years ago.

It's possible, providing that you do not need to name them as being persons on whom you would rely in order to prove the eligibility criteria (eg. if you were going to say that you do not require public funds for your accommodation because you were going to live at a property of theirs - if you did this the uKBA would ask them to provide a statement.


Tom

Customer: replied 4 years ago.

Hi i have another question to ask.

what if we get married in a mosque do a muslim wedding which is called nikkah and then when he goes bk he applies for a spouse visa?!

Expert:  Thomas replied 4 years ago.
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