Does a US citizen, lawfully in the UK, need a specific visa to get married there?
My fiance is a US citizen and we intend to get married in the UK. We recently spoke to a lawyer (pro-bono) and she told us that as he is legally in the UK, the stamp in his passport shows he has been cleared to enter, that he does not need to apply for any marriage visa or any visa for us to get married. This issue is completely separate to what we will do after we get married- hopefully apply for a family member visa for the UK.
I can't find anything that supports what we have been told by the lawyer - does anyone have any information on this?
Best Answer
A US national who is already in the UK does not need a visa to give notice or to marry in the UK. This assumes the partner is a British national or settled in the UK.
What does affect you and your fiancé is the change that came into effect in the Immigration Act 2014, and as explained in a Ministerial Statement published on 24 Nov 2014, which says. in part:
All proposed marriages and civil partnerships involving a non-EEA national with limited or no immigration status in the UK, or who does not provide specified evidence that they are exempt from the scheme, will be referred to the Home Office. Where we have reasonable grounds to suspect a sham, we will be able to extend the notice period in these referred cases to 70 days in order to investigate and take appropriate enforcement or casework action where we establish a sham. A couple will be unable to get married or enter into a civil partnership on the basis of that notice if they do not comply with an investigation under the scheme.
It means your notice period will be 30 days, with a possible extension of up to 70 days. Not every case is delayed.
You stated that:
I can't find anything that supports what we have been told by the lawyer - does anyone have any information on this?
Your lawyer is correct. You can read the act linked above or review Parliament's debates on the subject. A comprehensive briefing is available to the UK legal community (behind a paywall) on the topic, which is quite probably the reference cited by your lawyer.
Once your marriage is celebrated, your new spouse will be able to apply for a settlement track in the FLR (FP) route. If successful, your spouse will be on the 10-year route to permanent residence (rather than the 5-year route).
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Does a US citizen need a visa to get married in the UK?
You must apply for a Marriage Visitor visa if: you want to get married or register a civil partnership in the UK. you want to give notice of a marriage or civil partnership in UK. you're not planning to stay or settle in the UK after your marriage or civil partnership.Can you get married in the UK if you are not a resident?
You can apply for: a marriage visitor visa - if you're not going to live in the UK and will stay less than 6 months. a family visa - to live permanently in the UK if your partner is a British citizen, settled in the UK, has refugee status or humanitarian protection in the UK.What happens if you marry an American citizen in the UK?
If you went through a valid marriage ceremony in the US or in a third country then if the marriage is considered legal in the country that it took place in then your marriage is likely to be legally recognised in the UK. Plan to live with your husband or wife whilst in the UK and intend to stay together.Can non UK citizen marry in UK?
If you are coming to the UK from overseas to get married, you must have either a fianc\xe9 or fianc\xe9e or marriage visitor visa in your passport in order to give notice to marry to a registrar.UK Spouse Visa Process Explained - Marriage Visa UK
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