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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
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Experience:  I am a qualified solicitor and an expert in UK law.
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UK Post-Study Work Visa - Getting Married in the UK Are

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UK Post-Study Work Visa - Getting Married in the UK

Are you definitely allowed to get married in the UK on a valid UK Post-Study Work visa?

I am a non-EEA national and have studied in the UK (after which I applied for a 2-Year Post-Study Work visa). I started a relationship with my spouse during the first year of my Post-Study Work visa and we got married towards the end of my second year.
We had checked that this was OK with several Registrar's Offices as well as the UKBA helpline, but one UK border officer has recently claimed that we shouldn't have been allowed to get married while I was on a Post-Study Work visa! They claimed that I should have applied for a Marriage or Fiancé visa instead.

I am certain that other UKBA officers have confirmed that as long as your original intent when applying for the Post-Study Work visa was to be a genuine post-study worker only, it is OK to get married/a civil partnership in the UK (in our case, between a UK citizen and a non-EEA national) if the non-EEA national is here on a valid Post-Study Work visa before it expires.

Please provide evidence/a source to your answer, if possible, so that we can reference this if needed. Thank you!
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

Just to clarify you would like to know whether you are able to marry in the uk?

Kind regards
In addition its seems you are asking if you are able to marry in the uk.

Changes to marriage/civil partnership requirements 9 May 2011

From 9 May 2011 , any migrant subject to immigration control wishing to give notice to marry or register a civil partnership in the UK will no longer need:

a certificate of approval or,
an entry clearance for the purpose of marriage or registering a civil partnership or,
settled status in the UK.

What you assumed is correct you are able to marry in the uk without any permission. Please see following link for further information :

http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/43-abolition-of-coa

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards
Customer: replied 4 years ago.

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

UK_Lawyer and other UK Immigration Law Specialists are ready to help you
Customer: replied 4 years ago.

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.

 

 

UK_Lawyer and other UK Immigration Law Specialists are ready to help you

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