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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a Nepalese citizen with an indefinite visa in UK. The

Resolved Question:

I am a Nepalese citizen with an indefinite visa in UK. The one i want to marry also had the same visa that i had but right now she in Nepal.She hasn't got any proof of identity with her right now but i have got her provisional licence and bank account card as proof of identity with me here in UK.She also doesn't have the citizenship of the Nepal however she's already 19+ in age. Is there any possibility of i marrying her legally with this limited proof of identities i have got???
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.
Hi

How old is she?

Is she in the process of applying for a passport or identity card?

Tom
Customer: replied 3 years ago.
she's is 19 years of age....actually she has not applied for the visa yet....i wanted to got Nepal myself and want to marry her???is it possible to marry her jus like that and bring her with me???
Expert:  Thomas replied 3 years ago.

Hi,

 

Is she attempting to get an ID card or passport from the Nepalese authorities?


If she is not Nepalese please state what nationality she is.

Tom

Customer: replied 3 years ago.
actually we r trying to get married but her passport is in her mother's possession so her mother is against her.
she doesnt have the Nepalese citizenship because she came to Uk at the age of 16 or 15 with her parents.
Expert:  Thomas replied 3 years ago.

HI,

 

In the long term the issue of her passport will need to be resolved. She should contact the authorities in Nepal about her mother's custody of her passport. I should have thought the police would be able to help in this regard. She will need her passport when she comes to make her application for a spouse/fiance visa.


As to what is required to marry in Nepal this would depend on the local law and she should make enquiries directly there.

 

I'm afraid though that in the short term at least she would not be eligible for a spouses visa because she is not over 21 years of age. Both parties to the marriage must be over 18 years old in order to be eligible to apply for a fiance or spouses visa. There is no flexibility in this, it is in place as a policy because it is supposed to prevent forced marriages.

 

You will have to check on the passport/marriage issue in nepal for now and wait until she has turned 21 before applying for a visa so that she can come here to permanently settle. The eligibility criteria which she will have to meet (in addition to a very basic English language test is as follows:-

 

  • 1. That you are legally married to each other (marriage certificate)
  • 2. You are present and settled in the UK (eg. Passport, proof of accommodation)
  • 3. You intend to live permanently together here in the UK as husband and wife (statements, evidence of her (statements, correspondence(
  • 4. You can support each other without the need for public funds (bank statements, evidence of income)
  • 5. 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 (tenancy agreement, land registry docs if you your own home)
  • 6. That neither of you are younger than 21 years of age. (birth certificates, passports)

Sorry it could not be better news.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

Thomas, Lawyer
Category: UK Law
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Experience: BA (Hons), PgDip, Practising Solicitor
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