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www.visalondon.com
Marriage related immigration presents the authorities with enormous
difficulties. They wish to be seen as supportive of marriage for political
reasons. There are also human rights considerations. However, marriage is
widely abused for immigration purposes.
Many couples choose to cohabit without marrying. Unless there are legal reasons
why a couple cannot marry, there is no provision in the Immigration Rules for
couples who make this choice. Where the couple have children who are British
Citizens, recent human rights legislation may effect eventual outcomes of such
applications.
Spouses joining their partners in the United Kingdom must have met, be joining
the marriage partner or being admitted to the United Kingdom at the same time,
intend living together as man and wife permanently, and have sufficient means
to maintain and accommodate themselves without recourse to public funds.
The settled party may be entitled to state benefits in his or her own right but
the other party should not impose an additional burden on public funds.
Entry Clearance is required for applications made
abroad and this requirement is rigorously enforced.
Most legitimate in-country applications relate to couples who have met in the
United Kingdom where one is settled here and the other is here in a temporary
capacity. (student, work permit holder etc). Home Office staff are astute in
recognising indicators that the marriage may not be all that it seems. Large
'white weddings' in the local parish church are likely to attract less scrutiny
than small weddings arranged at short notice in registry offices. Marriage
registrars are now required to report suspicious marriages to the immigration
authorities.
The authorities are sensitive that marriage is a very personal matter and that
not all marriages conform to an identical format. However, their investigations
into doubtful marriages can be very intrusive. They may take the form of
unannounced visits to the matrimonial home at unsociable hours, and separate
interviews of a highly personal nature. For genuine couples, these may give
rise to offence but no further lasting damage. For those with more dubious
motives, the truth will become apparent to the authorities remarkably quickly.
The timing of marriage is of particular interest to the authorities. A young
person deciding to marry half-way through a three year degree course is less
likely to be of concern than a person with three weeks left to remain in the
United Kingdom with no other apparent basis to stay. Further, those whose stay
is unlawful should not expect marriage to provide a route to legitimising their
stay. It is more likely that the Home Office would offer to defray the cost of
both leaving the country - and any dependent children!!
If you have a specific question regarding marriage and immigration to the
United Kingdom, please email personal@visalondon.com with a brief outline of
your circumstances and query. You can also contact us using our
general enquiry form.
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