Can I marry in the UK while on a student visa?

[KC626 0]

Hi all!

I was directed here from another thread in the CR-1 forum; maybe you all can help.

I entered the UK on a student visa in September 2011; it expires November 2012, and I have a return ticket to the US booked for October 16. I met my British citizen fiance while on my course here, and we recently got engaged. We are planning to move back to the US.

We had originally planned to file a K-1, but it is now seeming that the CR-1 would be a better option for us. I'd like to be legally married here in the UK as soon as possible so that we can begin the CR-1 process.

My question is: can I be married in the UK while on a student visa? Do I need to adjust my status or apply for a marriage visa? I don't want to move here, so I'm hoping the British government will be generous and just let me have a nice little legal marital event and let me go on my way.

Thanks for the help everyone!

[Holly2234 66]

http://www.shef.ac.uk/union/student-advice-centre/printme/322 There is some information on that link. It is a link provided by a university in Sheffield. Yes you can marry. Since you do not plan to stay in the UK, most of it doesnt apply to you. You just need to make an appointment with your local registry office to give notice of marriage (at least 15 days before your planned marriage). Just take your passport with visa, proof of address and i cant remember what else, they will tell you when you make the appointment.

You may also be able to file DCF since you have lived in the UK for over 6 months. It is slightly quicker. If you want any more information on DCF i have made a thread here http://www.visajourney.com/forums/topic/371376-london-uk-dcf-2012/page__pid__5476306#entry5476306

[HelenBradley 28]

Hi all!

I was directed here from another thread in the CR-1 forum; maybe you all can help.

I entered the UK on a student visa in September 2011; it expires November 2012, and I have a return ticket to the US booked for October 16. I met my British citizen fiance while on my course here, and we recently got engaged. We are planning to move back to the US.

We had originally planned to file a K-1, but it is now seeming that the CR-1 would be a better option for us. I'd like to be legally married here in the UK as soon as possible so that we can begin the CR-1 process.

My question is: can I be married in the UK while on a student visa? Do I need to adjust my status or apply for a marriage visa? I don't want to move here, so I'm hoping the British government will be generous and just let me have a nice little legal marital event and let me go on my way.

Thanks for the help everyone!

There used to be a law which meant that foreign residents had to apply for permission to marry in the UK, even if they weren't planning on staying. But that law is no longer in effect (as of last year). You do have to 'give notice' that you will be marrying. You can read up on it here: http://www.ukba.homeoffice.gov.uk/visas-immigration/while-in-uk/marriageandcivilpartnership/eligibility/

I don't think you can apply for DCF, as the previous poster says, because a student visa does not give residency in the UK. And you have to have held residency for 6 months in order to apply for DCF.

[Holly2234 66]

Yes Helen Louise is correct about DCF. Ive done a bit more research for you and since you entered on a student visa, you have to file with the Chicago Lock Box. http://london.usembassy.gov/dhs/uscis/i130filing.html

[HelenBradley 28]

Yes Helen Louise is correct about DCF. Ive done a bit more research for you and since you entered on a student visa, you have to file with the Chicago Lock Box. http://london.usembassy.gov/dhs/uscis/i130filing.html

I only know because my husband (then, fiance) was on a post grad visa in the UK and we weren't eligible for DCF. So we decided to get married here in the US (on a K1). Funny how the bureaucracy of this process has an impact on so many decisions!

[Holly2234 66]

Its crazy! When i read the page i linked to above, i read you cant do DCF if you enter as a visitor. My husband did that but adjusted status to limited leave to remain (which means he can DCF). So i ended up doing crazy amounts of research earlier to find that it will be ok. Because i submitted proof that he can legally live and work in the UK and has been able to for over 6 months. So the visitor thing isnt going to be an issue (fingers crossed!). They certainly dont make it straight forward. Ive read that page at least 30 times before, yet only saw that part today by chance.

[HelenBradley 28]

Its crazy! When i read the page i linked to above, i read you cant do DCF if you enter as a visitor. My husband did that but adjusted status to limited leave to remain (which means he can DCF). So i ended up doing crazy amounts of research earlier to find that it will be ok. Because i submitted proof that he can legally live and work in the UK and has been able to for over 6 months. So the visitor thing isnt going to be an issue (fingers crossed!). They certainly dont make it straight forward. Ive read that page at least 30 times before, yet only saw that part today by chance.

When we inquired about it they said that he did not have 'resident' status since he was on a student visa that then became a post grad visa. He was never given 'leave to stay'. His post grad visa was only 2 years long. If we'd married there and he was given leave to stay through me then we could have filed DCF. I don't have any experience with DCF. but I know that you need to be allowed to reside there in order to file. My husband didn't qualify because his time was capped at 2 years (post grad).

When I applied (2010) you also had to get Home Office approval to marry (they scrapped that) which would have added time to our journey so we just went with a K1.

The rules change so often too...so my experience, although fairly recent, may be quite outdated now...more so than I am aware.

[Holly2234 66]

When we inquired about it they said that he did not have 'resident' status since he was on a student visa that then became a post grad visa. He was never given 'leave to stay'. His post grad visa was only 2 years long. If we'd married there and he was given leave to stay through me then we could have filed DCF. I don't have any experience with DCF. but I know that you need to be allowed to reside there in order to file. My husband didn't qualify because his time was capped at 2 years (post grad).

When I applied (2010) you also had to get Home Office approval to marry (they scrapped that) which would have added time to our journey so we just went with a K1.

The rules change so often too...so my experience, although fairly recent, may be quite outdated now...more so than I am aware.

Yeah things change so quickly in the immigration world. Home Office approval was needed when i married my husband (one year ago on sunday!) but it has obviously changed within that time. He entered as a visitor on the advice of a lawyer, who we saw while he was visiting 6 months before he moved here. Probably not the most legal advice (he has been shut down now too!) but i knew nothing on immigration back then so we paid him a lot of money and believed him. It all worked out though. He was given 3 years 'Leave to remain' which means he can live and work here.

[KC626 0]

Hi again everybody! I just called the registry office AND the UK Border Agency today, both of whom confirmed that as long as a person is in the UK legally, you are fine to marry.

So, to future students who want to get married to their English partners: you are good to go. Just bring your passport!

[Holly2234 66]

Thats great news! Good luck for your marriage