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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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My Turkish fiance and I wish to marry. He has a good immigartion

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My Turkish fiance and I wish to marry. He has a good immigartion history (3 visits to UK as a tourist on 2 separate 6 month general visit visas) and I have a good and stable job with a substantial salary and own my own 2 bedroom flat in London. He is currently in teh UK on a tourist visa. My questions:

-Can we get married in the UK now whilst he is on his tourist visa and then apply from within the UK for a married visa? I understand from the UKBA website that this is not possible and we will have to apply for a fiancé visa from Turkey first.

-If we get a fiancé visa, can we then get married in Turkey, return to the UK and apply for the married visa from the UK using our Turkish marriage certificate? Or do we need to get married in the UK? If both are possible, is one preferable?

- How long do these visas take to be granted? Our wedding plans will definitely involve a large party in Turkey so we need to ensure that the visa timing fits in with our wedding travel plans.

- Do we have to get married and or convert the fiancé visa to a married visa within a certain time frame? I heard a rumour that you need to have 3 months left on your fiancé visa when you apply to convert it to a married visa? Is that correct? Even if you use the same day service?

- Can we just fly to Turkey and get married there and tehn apply for a married visa? What are the advantages/disadvantages of this?
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.
Hi,

Thanks for your question.

Whilst it would technically be possible for you to marry here whilst he is on his visitor’s visa you should not do so. A visitor who wishes to marry whilst here on a visit must apply for a Marriage Visitor’s Visa:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/
See Visitor’s For Marriage and Civil Partnership near the bottom of the link.

It is a term of the visitor’s visa that he should return before the expiry of it, this excludes making an application to switch in to another category so you would not be able to switch to a spouse visa were you to marry. He must return to Turkey before the end of his visa.

How you then approach it depends on your personal choice.
You can either marry in Turkey and then apply directly for a spouses visa at the UK embassy there; Once application, one application fee.

Alternatively, he can apply for a fiance visa so that he can come here specifically for the purpose of marrying you. Once married he would then have to apply for a spouses visa (settlement). Two applications, two application fees.

The advantage with the fiancé visa is that you know he is able to come here, marry and remain here. The disadvantage with the spouse visa is that you would be married, so if the application is rejected on application and appeal you would have to make a further application until it is accepted. So there could conceivably be a considerable amount of time where you are married but in separate countries

A fiancé visa would be granted for 6 months so he would have a window of 6months leave to remain to marry you here. Provide he applies for further leave to remain (ie. a spouse visa) before the expiry of the 6 months fiancé visa he will be fine, there is no three months window

The best thing you can do is instruct an immigration solicitor in the UK to act on your behalf and prep the application (whichever one it is) before he returns to Turkey at the end of his visit

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.

I can provide you with general procedural guidance on fiancé /spouse visa applications (eg. forms, documents, eligbililty criteria) if you wish. If you do, please submit a further question to the board requesting me via my profile or marking your questions “FAO Tom”.


Kind regards,


Tom
Customer: replied 5 years ago.

 

Thanks. You didn't answer one buit of my question which is teh key point I can't find on teh UKBA website: "If we get a fiancé visa, can we then get married in Turkey, return to the UK and apply for the married visa from the UK using our Turkish marriage certificate? Or do we need to get married in the UK?"

 

If we apply for the fiance visa, could he come and stay with me in the UK on that visa but we then fly to Turkey to get officially married? We would rather marry there so that both our families can be present at the ceremony. We would then return to the UK, register our Turkish marriage certificate here and then apply from within the UK for the spouse visa. Is that possible or does the fiance visa require us to marry in the UK?

 

 

Expert:  Thomas replied 5 years ago.
Hi,

You should opt to arrange it in either of the two ways outlined in my original answer.

It is a term of applying for a fiance visa that you intend to marry in the UK. If you married in Turkey and then travelled to the UK this would technically be a breach of the conditions of his fiance visa. This could potentially cause problems, though you may (may I stress) be able to apply to switch I would strongly advise against this. Frankly, this has never come up.

If your preferred place to marry is Turkey then you should arrange your wedding in Turkey, prepare an out-of-country spouse visa application then take this to Turkey to submit straight after you are married.

Trust this clarifies, please kindly click accept.

Kind regards,

Tom
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