At present in order for a foreign national to marry in the UK they must apply for a Certificate of Approval from the UKBA, however this requirement shall cease as of 9th May. This means that you can marry in a registry office or church without restriction other than proving your identity.
Once you are married you will have to apply for a spouses visa. You cannot apply in country because you are illegal unless there are exceptional circumstances that apply (ie. where to do so would prejudcially affect your health or the health of your spouse/child.
The criteria for a spouses visa is as follows:-
- 1. That you are legally married to eachother (marriage certificate)
- 2. You are present and settled in the UK (eg. Passport, proof of accommodation)
- 3. You intend to live permanently together here in the UK as husband and wife (statements, evidence of her (statements, correspondence(
- 4. You can support each other withoutthe need for public funds (bank statements, evidence of income)
- 5. You have suitableaccomodation 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)
- 6. That neither of you are younger than 21 years of age. (birth certificates, passports)
Sugggested supporting documents in brackets.
You will have to return home and make the application to the UK embassy.
You will need to apply for settlement (ie. spouses visa) by using form VAF4 Settlement, available for download from UKBA's website. It would be best for either a solicitor in the UK to prepare it in consultation with both you and your wife before submitting it.
If your fiancee is illegal by virture of overstaying her visa OR because they are an illegal entrant then they will not be able to refuse the application on this basis alone by virtue of IMmigration Rule 320.
She would also need to pass the english language test before applying
You can find UK solicitors using the following site:-
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