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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Immigration Law
Satisfied Customers: 32826
Experience:  Award winning lawyer with over 15 years experience
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I have a limited leave to remain. Can I marry my partner on

Customer Question

I have a limited leave to remain. Can I marry my partner on visit here.
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: My son is a british citizen but my partner is American
Submitted: 4 months ago.
Category: UK Immigration Law
Expert:  Thomas Judge replied 4 months ago.

how long have you been together

Customer: replied 4 months ago.
Over a year and half
Expert:  Thomas Judge replied 4 months ago.

You are perfectly entitled to marry him on your visit, but this does not guarantee that they would allow you to live permanently in the UK. You would need also to apply for a visa. Happy to discuss but please rate positive.

Expert:  Thomas Judge replied 4 months ago.

I see you have not rated yet. Is there any other questions that I can help you with?

I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Thomas Judge replied 4 months ago.

Just thinking.
Have to apply for a fiancé visa?
Here is the criteria you would need to fulfill for a fiance visa, ( the criteria is largely the same for a spouses visa):--
• You plan to marry within 6 months of her arriving here
• You plan to live permanently together here
• You have met each other
• You can support each other without the need for public funds
• You have suitable accommodation 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
• Meet the financial requirement https://www.gov.uk/government/collections/chapter-8-appendix-fm-family-members-immigration-directorate-instructions
• This means that the UK based spouse must earn a minimum income threshold of £18,600. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two.
• You would also have to show that you meet the English language requirement:-
• https://www.gov.uk/join-family-in-uk/knowledge-of-english
You have to produce to the home office documentation that proves the above. This would be some of the following but this list is not definitive or exhaustive:-
• If you are to apply for a fiancé visa you will have to show evidence of your intention to marry, so things like purchase of a ring, evidence of having met (photos correspondence etc), booking of a wedding venue, evidence of invites etc.
• Bank statements from both you and your fiance going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and your fiance showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live (ie. land registry officials copies of the property that you own, mortgage documentation, copy tenancy agreement if you rent, council tax statements, house report by a solicitor, letter from landlord confirm he is happy to give you a further tenancy agreement
The application will have to be supported by evidence proving the above eligibility criteria. They key to a successful application is producing well-collated documentary evidence for the above criteria. You will also have to produce statements made by both of you explaining and supporting how you meet the eligibility criteria.
A fiancé visa application is one of the most complicated applications to make and because of this I would urge you in the strongest possible terms to instruct a solicitor to prepare and draft the application and to advise you on the necessary supporting documentation. It should cost around £1000-1500+ VAT. It will save you money in the long run, in all probability.
After she has obtained her fiancé visa she can come to the UK and will then have leave to remain for 6 months. She should then marry you and apply to switch to a spouse visa (for which the eligibility criteria is very similar.
If she were to come on a marriage visitors visa (https://www.gov.uk/marriage-visa/overview) then although she would be able to come her and marry you, she would not be able to switch to a spouse visa. They are very strict on this. This would mean that she would have to return to her home country to apply for a spouse visa so it’s not at all appropriate if she wishes to enter the UK and then remain here without leaving.
I hope that this helps and please rate positive. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question. Please remember to rate.

Expert:  Thomas Judge replied 4 months ago.

I see you have not rated yet. Is there any other questions that I can help you with?

I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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