UK Immigration Law
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Can you specifically confirm whether non-EEA nationals on a UK Post-Study Work visa are allowed to get married in the UK (in our case, to a UK citizen) while on that Post-Study Work visa (before it expires)?
We are ALREADY married, so I am asking whether what we've done is OK. I already know about Certificate of Approvals no longer being needed, etc.
We need to know whether, according to UK immigration law and guidelines, what we did was permittable. The reason being, that the Registrar's Offices don't see it as their responsibility to check visa statuses before marrying them - so it is entirely possibly that they could end up agreeing to marry people who are in the UK on a "wrong" visa which doesn't really allow marriage (such as a 6-month or less tourist visa)!
Thank you for your reply.
1. If you read the rule I highlighted in my previous answer, it clearly states that anyone subject to immigration control (ie anyone who requires a visa to the UK and does not have settlement in the UK) will no longer require any visa or permission to enter the UK specifically purpose of marriage or registering a civil partnership. Therefore you will no longer require any permission to marry in the UK.
2. There reason behind this change of rule was that every person under the Human Rights Act has a right to marry, migrants claimed that as everyone has a right to marry under the Human Rights Act why should they require permission prior to marrying in the UK. The supreme court upheld their argument and directed that the UKBA change their policy in line with the Human Rights Act. Under Artivle 12 it states:
"Article 12 guarantees the right to marry to men and women of marriageable age and the right to found a family, according to UK laws."
Strictly speaking anyone can marry in the UK regardless of their immigration status simply because they have a right to marry in the UK under the Human Rights Act, which supersedes any UK law policy.
I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. Kind regards
We understand, thank you! We just wanted to be 110% certain, sorry. Thank you for clarifying - it's a relief to know that we didn't go against any regulations.
Its a pleasure.
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