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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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Can my sister and her fiancée still get married in an Anglican

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Can my sister and her fiancée still get married in an Anglican church after her visitors visa extension has been turned down? her visa run out on the 19th of January 2013 and they decided to get married in December 2012.

Thanks Susan Hodgkinson
Hi

Thanks for your question.

A person no longer needs to demonstrate leave to remain in order to get married. therefore there is the legal restrictions on then getting married in a church like this.

However, she will still have to fulfill the requirements that any individual must do in order to marry. She will have to prove your identity and her address in order to the marriage to take place. If she does not have a passport then this is obviously going to be very difficult.

The ukba will not release her passport to her for this purpose if they do in fact hold it. If she holds her passport then she is likely to be able to get married but technically it is at the discretion of the minister.

It would also be regarded as a breach of the immigration rules by the u k b a. This is because a visitor who wished to marry in the u k what a visiting should really have applied for a marriage visitors visa to do so. However given that she has overstayed have visa and committed a breach of the immigration rules I suppose that the effect of this for the breach is probably minimal since a breach has already occurred

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Kind regards

Tom.
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

Does this mean that the UKBA will not give her passport back to her? She come to UK as a visitor but met her fiancée while here in November, he asked her to marry him knowing she was on a visitors visa. She then applied for an extension on compassionate grounds as I just had an accident which needed plastic surgery on my leg, living me needing support as I have a baby who at the time was 11months old.


 


They went to see a vicar at the local Anglican church were they had to apply for permission to marry, they were then given 6month window in which they could marry. At the moment they have an appointment with another vicar to give them a marriage licence on production of her passport and his utility bills as he is a British national. The only thing she has besides her passport is her I.D. card. Can she get married using this as a form of ID.? or does she have to go back if she does will she be allowed to come back to get married again.


 


Susan Hodgkinson


 

Hi Susan

I will answer at9am



Tom
Hi Susan,

Is your sister's spouse a UK national? If not, please state their nationality?

Tom
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.


He is a UK national.

Customer: replied 3 years ago.


He is a Uk National.

Hi

I will answer at 9

Tom
Customer: replied 3 years ago.


ok. thanks

Customer: replied 3 years ago.


Hi Tom,


 


Look forward to hearing from you soon.


 


Susan Hodgkinson

Hi,

Sorry Susan, I'm afraid this must have slipped my mind.

I'm afraid that it is likely that the minister will be reluctant to marry her if she has not got her passport. Sometimes, a minister may rely on an ID card issued from an EEA country but I presume that your sister (ie. because she has had to apply for a visa) is not an EEA national.

This means that the minister would require her passport and if the UKBA have got it they will not release it to her because they probably believe that she would not leave the country.

I am sorry.

Kind regards,

Tom
Customer: replied 3 years ago.

She has got an two ID cards with her, will this be enough do you think. Does the minister want to see her passport because they want to see her visa or is it for identification purpose only.


Thanks


Susan Hodgkison

Susan

I am afraid that I doubt it..

Tom
Customer: replied 3 years ago.


will she be able to use her old passport..


 


Susan Hodgkinson

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