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A Guide To Marriage And Civil Partnership Visit Visas – Work Visas


In summary, Appendix V of the Immigration Rules provides
for 4 types of Visitor including Standard Visitor: for
example Tourism and Visiting Family, Permitted Paid Engagement Visitor, Transit
Visitor and Marriage/Civil Partnership Visitor.

This article will focus on those seeking to come to the UK to
marry or form a civil partnership, or give notice of marriage or
civil partnership.

We have previously examined the requirements for those who wish
to come to the UK for the purposes of tourism, leisure or to visit
family in our practical guides part one and part two.

Guidance is provided to caseworkers in the Visit guidance, Version 11.0, published for Home
Office staff on 06 October 2021.

General Requirements for a Marriage or Civil Partnership Visit
Visa

In order to qualify for a Marriage or Civil Partnership Visit Visa you
will need to satisfy UK Visas & Immigration that:

  • You are at least 18 years old;

  • You intend to give notice of marriage or civil partnership in
    the UK or intend to marry or form a civil partnership in the UK,
    within six months of your arrival;

  • You are in a genuine rather than a sham relationship;

  • You are genuinely seeking entry to the UK for a purpose that is
    permitted by the visitor routes;

  • You will not undertake any prohibited activities;

  • You have sufficient funds to cover all reasonable costs in
    relation to your visit (including travel, maintenance and
    accommodation costs) without working or accessing public
    funds;

  • You will visit the UK for less than 6 months and leave the UK
    at the end of your visit;

  • You will not live in the UK for extended periods through
    frequent or successive visits, or make the UK your main home;
    and

  • Your application does not fall for refusal under the general
    grounds for refusal.

Do I Need To Apply For a Marriage Visit Visa or Civil
Partnership Visit Visa?

If your reason for visiting the UK is to marry or form a civil
partnership, or give notice of marriage or civil partnership, in
the UK you must apply for a Marriage or Civil Partnership Visit
Visa before you travel.

There is a very limited group of individuals who do not need to
apply for prior entry clearance. They include Irish citizens,
persons with settled status or pre-settled status granted under the
EU Settlement Scheme (EUSS) and persons with a decision pending on
an application for EUSS leave submitted before 1 July 2021 (see
section 62 of the Immigration Act 2014
). You cannot apply if
you qualify for British citizenship including if you hold dual
nationality. In those circumstances you should apply for British
citizenship.

It is important to note that the requirement to apply for this
visa applies equally to Non-visa nationals. The requirement does
not apply if the Applicant is converting an existing Civil
Partnership (that took place under the laws of England and Wales or
Scotland) to a marriage. They are not required to hold a
Marriage/Civil Partnership Visitor Visa. The Applicant may in those
circumstances apply to enter as a Standard Visitor.

If you are intending to enter the UK in order to enter into a
marriage not recognised by UK law you do not need to apply for a
marriage visit visa.

If you already hold a visit visa to enter the UK and are now
seeking entry to marry or enter a civil partnership must hold a
Visit Visa for that purpose.

Making a Valid Marriage Visit Visa or Civil Partnership Visit
Visa Application and Suitability

You will need to ensure you make a valid application and
consider if any of the provisions of Part 9 of the Immigration
Rules apply. We examined making a valid application and general
grounds in an earlier article. The same considerations apply to Marriage/Civil Partnership
Visitors
.

Free to Marry or Enter into Civil Partnership

You will need to show proof that you are free to marry or enter
into a civil partnership. Depending on your personal circumstances,
you may need to provide a decree absolute or death certificate of a
previous partner.

Meeting the Genuine Intention Requirement

You will need to satisfy the Home Office that you genuinely
intend to either give notice of marriage or civil partnership in
the UK or intend to marry or form a civil partnership in the UK. In
summary, the proposed marriage or civil partnership must not be a
sham.

You will need to consider providing evidence of your
arrangements. The guidance reads: “Examples of evidence
include confirmation of the church or register office booking
(email confirmation or a receipt for payment of the marriage/ civil
partnership venue)”.
Intentions and plans can be
expressed through witness statements, letters given in support, as
well as documentary evidence.

You will need to provide evidence to show your relationship is
genuine. The guidance confirms a caseworker should consider:
“the evidence submitted, including the arrangements for the
marriage or civil partnership, the couple’s relationship,
future plans and living arrangements”. This previous post Genuine and Subsisting Relationship
Requirement
may assist in considering what evidence you may
provide taking into account your individual circumstances.

Genuine Visitor Requirement

The casework guidance refers to a number of factors that will be
considered, this was explored in the context of a Standard Visit
Visa for tourism in our earlier article. There is a wide range of
evidence that can be provided and relied upon to demonstrate
this.

How Do I Demonstrate the Maintenance Requirement?

Evidence and consideration can be found in our earlier article.

Do I Need to Satisfy An English Language Requirement?

Unlike with a Fiance(e) Visa pursuant to Appendix FM, an
applicant for a Marriage or Civil Partnership Visit Visa does not
need to satisfy an English language requirement.

Can I Work or Claim Public Funds?

The position is the same as examined in our earlier article.

What Permitted Activities Can I Carry Out as a Marriage or
Civil Partnership Visit Visa Holder?

You may of course marry or form a civil partnership and give
notice. Other activities that are permitted under other Visitor
routes are permissible but it is not possible to study.

What Is the Current Processing Time for a Marriage or Civil
Partnership Visit Visa?


Processing times
will depend on a number of factors and until
recently visit visas took 3 weeks to process but are currently
taking on average 6 weeks. The government website currently
reads:

‘We are working hard to process applications to get back
to the 3-week service standard’.

The application waiting time starts once you attend a biometric
appointment and waiting time ends when you receive a decision.

When Can I Make My Marriage or Civil Partnership Visit Visa
Application?

It is possible to select a travel date up to 3 months in advance
of planned travel.

What is the Application Fee for a Marriage Visit Visa or Civil
Partnership Visit Visa?

Application fees have recently increased. At
the time of writing and from 6 April 2022 the fees are
£100.

How Do I Give Notice of My Marriage or Civil Partnership?

To ‘give notice’ you and your partner must sign a
statement at your local register office to say that you intend to
get married or form a civil partnership. You must have lived in the
registration district for the past 7 days before you can give
notice. The notice period is 28 clear days – so you must wait
at least 29 days before the ceremony can take place. You can read
more: here.

How Long Is a Marriage Visit Visa or Civil Partnership
Visit Visa Valid for and Can I Leave and Enter the UK During the
Duration?

Your Marriage Visit Visa or Civil Partnership Visit Visa should
be valid for up to 6 months. It should be endorsed as multiple
entry, meaning you can enter multiple times during the validity
period of your Visit Visa. You should check carefully that it is
not endorsed for a single or dual entry.

You will need to leave the UK before the end of the 6 month
period shown in your vignette.

This is particularly helpful to those who wish to enter the UK
to give notice and then leave and re-enter for their ceremony.

Is the Marriage or Civil Partnership Visit Visa the Right Visa
For Me?

The Marriage or Civil Partnership Visit Visa is the right visa
if you do not intend to settle in the UK after being married or
entering into a civil partnership.

If you plan to remain in the UK with your partner, you may wish
to consider applying for a Fiance Visa or Proposed Civil Partner Visa instead. This will
allow you to remain in the UK after your marriage or civil
partnership and make an application for further leave to remain
before the expiry of your vignette.

Making a Marriage or Civil Partner Visa does not preclude a
later application as a Spouse or Civil Partner. In those
circumstances you will need to leave the UK in order to make an
application for entry clearance. For many there are both practical
and financial reasons why they choose this route. You will need to
ensure you demonstrate the requisite intentions at the relevant
time.

Given current processing times for family applications are 24
weeks, for those who already have provisional short-term wedding
plans, this may be an option you can consider. You will need to
consider carefully how this is addressed and include evidence to
show you intend to leave the UK to apply for entry clearance and
how you will meet the requirements in the relevant section of
Appendix FM.

What If My Visa Application is Refused?

If your Visit Visa is refused there is no right to
administrative review or appeal, unless in exceptional and limited
circumstances where a human rights claim has been made and refused.
You may consider whether to challenge the decision by way of
judicial review. Further considerations are set out in our earlier article in the context of tourism,
leisure and family Visit Visas.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.



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