Non-nationals getting married in United Kingdom

For various reasons many non-British couples may wish to get married in the United Kingdom. It may be for romantic or sentimental reasons, a lifelong wish, because family members live there, one of the couple is British or simple practicality. On the flip-side, however, it must be considered that some may undergo a marriage of convenience in an effort to obtain citizenship or a right to remain.

The British government is well aware that some individuals may try to circumvent the regulations by getting married while in the United Kingdom on a British visa or a UK ETA (Electronic Travel Authorisation). A standard British Visitor Visa expressly forbids the holder to get married or enter a civil partnership while within the United Kingdom. There is no such restriction attached to a UK ETA but the same basic rules still apply.

It is expected that the UK government will have completed the roll-out of the UK ETA by the end of 2024. At this point it will become a mandatory requirement for visiting non-nationals who currently enjoy visa-free entry into any of the four UK countries of Scotland, Wales, England and Northern Ireland.

From the end of 2024, non-national visitors to the UK who are not subject to a visa requirement will be required to have a UK ETA. The UK ETA is digitally linked to the holder’s passport, before even departing on any trip to the United Kingdom. The main purposes for issuing a UK ETA are holidays, family visits, business and study and holders are limited to a maximum stay of 90 days from a block of 180 days.

There is no specific form of UK ETA issued for marriage purposes but the British Home Office is aware that a few visitors may have such a plan in mind. There is no rule stating that UK ETA holders cannot get married during their time in the United Kingdom but doing so does not carry any special privileges or entitlements.

The Typical Procedure

Although a non-national wishing to visit the UK may not require a visa, depending on the country of origin, so it may be suitable to follow the correct procedure if marriage, or a civil partnership, is the express purpose of the visit. This will necessitate applying for a specific form of visa of which there are two:

• Marriage Visitor Visa
• Family Visa

Which form of visa is required will depend upon the nationalities of the couple and whether the newly-weds intend to remain in the UK or leave within a specified time.

Marriage Visitor Visa

If the intention is to simply get married in the UK and to leave the jurisdiction within the allotted six months allowed on the visa, a Marriage Visitor Visa is sufficient for this purpose. The visa does not entitle the holder to bring family members, or dependents, into the UK as these will require their own visa. Working while in the UK is not permitted (with limited exceptions) nor is the collection of any social welfare benefits. A Marriage Visitor Visa cannot be extended or exchanged for another form of visa. The visa is valid for up to six months and currently costs £115 (approximately €132.50). Applications for this form of visa may be lodged no more than three months before the date of arrival in the United Kingdom.

Family Visa

A Family Visa, while covering those wishing to get married in the UK, can be sought for a wide variety of purposes and by a wide range of individuals. These include those who wish to marry:

• A British or Irish citizen
• A citizen of one of the European Union member states
• A citizen of one of the four Schengen Area member states not in the EU (Norway, Switzerland,
• Iceland, Liechtenstein)
• A person holding a Turkish Business or Turkish Worker Visa
• A person with full refugee status and leave to remain

The Family Visa is specifically aimed at people who intend to remain permanently in the United Kingdom following the marriage.

Family Visa Qualifying Conditions

Over the years the Family Visa has been the most commonly sought form of visa and the one most open to abuse. Because of the United Kingdom’s ongoing commitment to strengthening security, reducing the number of illegal migrants has become a priority due to the perceived connection with acts of terrorism and criminality.

Acquiring a Family Visa is not as easy as it once was and there are several qualifying conditions that must be met before an application will be approved.

These include proving one of the following:

• Being in a recognised marriage or civil partnership
• Having been in the relationship and lived together for a minimum of two years

The applicant and proposed partner will marry within six months of arrival in the UK
because the visa applicant intends to remain in the UK after marriage he or she must also:

• Have a good command of the English language
  Be financially self-supporting

Failure to meet the conditions prescribed would make acquiring a Family Visa extremely difficult but not impossible. A Family Visa may also be granted in certain circumstances such as:

1. Being the parent of a child resident in the United Kingdom who is either an Irish or British citizen
2. Being the parent of a child who has resided in the UK for seven or more years and for whom relocating to a foreign country would be deemed unreasonable
3. Preventing entry into the UK would be a breach of recognised human rights

Even if one of more of these conditions are met there is no guarantee that a Family Visa will be granted and the final decision will remain with British Home Office officials.

Application Processing

If the application is submitted by a fiancé, or the intended civil partner, the Family Visa is valid for a period of six months while in all other cases the holder may remain within the UK for two years and nine months. Processing times vary from case to case but applications submitted from within the UK, where all qualifying conditions have been met, can be approved within eight weeks while overseas applications can take up to twenty-four weeks.

The processing time is considerably longer for those applicants who do not meet the language or income requirement and this can currently take as long as a year before a decision is rendered.

The Family Visa can be extended as it nears its expiration date and the holder is entitled to apply for indefinite leave to remain after spending five continuous years residing within the UK.

Marriage and Residency

It is a common misconception that marriage to a British citizen carries an automatic right to residency or citizenship. This is, however, patently not the case!
Non-national spouses of British citizens remain subject to the same immigration rules and regulations that were applicable before the marriage. This means the English language and financial requirements remain in place and deportation remains a possibility until these conditions are met.

Prior to Britain’s exit from the European Union, a citizen of any European Union country marrying a British national was entitled to apply for leave to remain under the EU Settlement Scheme. For those who applied, or were accepted, for leave to remain prior to the 31st December 2020 this remains the case but now no longer applies as the United Kingdom is now outside the European Union.

From Marriage to Citizenship

It is a lengthy process to British citizenship for a non-British national and marrying a British citizen is just the beginning. Briefly put, there are four steps that must be taken:

1. Apply for and receive a Marriage Visitor Visa (also called a Spouse Visa)
2. As the Marriage Visitor Visa nears the expiration date, apply for an extension
3. After five years continuous residency in the UK a non-national may apply for Indefinite Leave to Remain (ILR)
4. Upon completion of one year with an ILR an application for British citizenship may be submitted.

Throughout the process all terms and conditions of the Spouse Visa and ILR must be adhered to. This means complying with the financial and language requirements and more. It must be demonstrated that the relationship with the British spouse remains intact and a basic knowledge of British life, customs and values must also be demonstrated.

Another important requirement for British citizenship is that the applicant should be “of good character” meaning there should be no record of serious criminal activity or dishonesty in dealings and interactions with the British government.

If in doubt, seek professional help

While the route to citizenship may seem straightforward, difficulties can often arise and applicants are always urged to consult a licensed lawyer, solicitor or immigration expert who can help avoid many of the common issues and roadblocks on the citizenship path.