Complicated conjugals
Question
I've been with my girlfriend, who's from the Philippines, for over four years. We'd like to get married at some point, but not quite yet. The only problem is, she's here on a visitor's visa and it runs out soon. Would I still be able to marry her in the UK if it runs out? Or will she have to go back home first? We're feeling like her status is rushing us into things. Can you explain the legalities?
Answer
Firstly, it's important you know that under present legislation we're restricted in the immigration information and advice we can give. For more detailed information you will need to contact either a solicitor dealing with immigration or the Immigration Advisory Service (IAS).
It's possible for you to get married in the UK, but to do so on your girlfriend's present immigration status would cause many problems. But, with the help of a specialist adviser, you may be able to apply for 'leave to remain' outside the normal rules. It is worth bearing in mind that, even with specialist help, it's not certain that the Home Office will grant her leave to remain.
It may well be easier for her to return home to the Philippines and apply through the British Embassy in Manila. She should apply for entry clearance at the nearest British Embassy or High Commission. When she does this she'll be required to attend an interview with the entry clearance officer (ECO). If you're in Manila at the time, you should both attend the interview.
A fiancée who wants to enter the UK to marry must be able to show that:
- the couple intend to live together permanently as husband and wife after the marriage;
- the couple have met;
- the fiancée from abroad can adequately maintain and accommodate herself, or can be adequately maintained and accommodated, without recourse to public funds until the date of the marriage;
- after the marriage, the couple will be able to maintain themselves and their dependants without recourse to public funds;
- she is 16 or over (the government has said that it intends to change this to 18 but will give no advance notice of when the change is to take place) and her fiancé is 18 or over.
Assuming she gets the clearance without having to appeal she will have six months in which to come to the UK to get married. It is still possible for her to be refused entry at the airport but, again, she can appeal against this decision.
You are strongly advised to get more information about the entry of fiancées and spouses, so it's important you visit your local Citizens Advice Bureau (CAB) or the IAS.
Updated: 27/04/2006
Question answered by CAB
