UK Immigration Law
Ask an UK Immigration Law Question, Get an Answer ASAP!
Thanks for your question.
I'm afraid that in order to have a ceremony in a UK registry office both parties would have had to have applied for Visit for Marriage Visa prior to traveling by submitting form VAF1F to the closest respective UK embassies. If this was not what was done and you are here on normal visitor's visas then you will not be able to marry in registry office. They would (or should at least) require site of the appropriate visa.
In the case of an overstayer wishing to marry a UK national the Anglican Church would marry them without site of the certificate of approval for marriage as the Registry Office. I understand that the local vicar performs their own checks, involving the production of sufficient proof of identity, before performing the ceremony. It may be that they are similarly flexible with respect to your position, I'm afraid I cannot say for certain because yours is quite an unusual position if you don't mind my saying. I
t could be worth investigating but the vicar may ask some awkward questions about your beliefs in his church/religion.
If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.
thanks for this. If the parties were to apply to their closet UK embassies, the staff will automatically but wrongly assume that the parties will use this to seek to stay in the UK for a long term, on this assumption their visitors visa will be probably refused. There is a lot of unease and turbulance in Pakistan hence the Canadian national does not really wish to travel to Pakistan, hence a marriage ceremony in UK will be preferred as both parties have many relatives in UK so they can all join in the celebration.
Are there any other possibilties?
I'm afraid there are no other options. It would have to be an application for a special Visa for Marriage, that is the sole purpose of this type of visa.
In order to get around the suspicions of the UKBA each party should submit a statement referring to their continuing obligations back home and stating that the documentary evidence they submit in support should be taken as clear evidence that there is no intention to not to return home. You could also state that you understand that overstaying can prejudice any future application either of you would choose to make and that you would not want to risk this.
The types of documentary evidence of continuing obligations would be tenancy agreements, evidence of ownership of property, statements from your respective employers stating that you continue to be employed and that you are expected and required to return in order to discharge your employment responsibilities.
If the applications are rejected you can appeal them and ask a solicitor to act on your behalf. Your evidence would receive a much fairer hearing on appeal rather than simply to an immigration official of the UKBA.
The anglican chruch method is worth making enquiries on.
Hope this clarifies, if so please click accept. I will continue to answer your follow up questions.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).