Possibility of a US citizen marrying in the UK while here as a visitor

[LuvInTheTimeOfCorona]

Before Covid-19 changed everything, me (UK citizen and resident) and my finacee (US citizen and resident) were deciding whether to live together in the US or in the UK. I have spent quite a lot of time with her in the US, and she was intedngin to spend a week with me here in mid-March (arriving a couple of weeks ago) and then a longer time in the summer. Depending on how that all went we were going to make our decisions and then apply for the relevant visas.

Obviously a lot of that has now gone out of the window. However, my fiancee still got here in mid-March, entering the UK as a visitor: i.e., she can stay for six months without a visa. Because of the cancelled flights my fiancee now can't go back to the US. This is all fine, and is something that we knew would be a possibility.

Amongst all of this, we ended up deciding quite wuickly that we'd like to base ourselves in the UK. Usually, the new step would then be for us to get married (if we had decided that we wanted to be based in the US it would have been better for us to hold off getting married and for me to enter the US on a fiance visa, before getting married there). However, it seems that even though my fiancee had no intention of marrying me when she entered the UK, we can't actually get married while she is here as a visitor: instead, she would need to leave and the re-enter with a specific marriage visa, or similar.

Is there any possibility, given the circumstances, that I would be permitted to marry my fiancee while she is here as a visitor? Does anyone know of any examples where this has been done, or of a reason why it would be 100% impossible? And would we be permitted to apply for visas while my fiancee was still in the UK, or would we have to wait until she's returned to the US?

[CR001]

IF you could get married, which you likely cant, she cannot switch to any other visa while in the UK as visitor. She must apply from the US.

Note that in order to marry in the UK, you have to both attend an HO approved registry, usually with the correct visa (fiance visa), and give 28 days notice. The registry then refers the case to the home office who might extend this 28 day period to 70 days to investigate and/or interview each of you separately, before home office will give you permission to marry or refuse permission.

She still cannot switch to a spouse visa if you get married though and will have to leave and apply abroad.

[physicskate]

She still cannot switch to a spouse visa if you get married though and will have to leave and apply abroad.

Ordinarily, this a million %....

But, I've just come across something published 6 days ago:
"During these unique circumstances you’ll be able to apply from the UK to switch to a long-term UK visa until 31 May. This includes applications where you would usually need to apply for a visa from your home country."

https://www.gov.uk/guidance/coronavirus ... -residents

At the moment, it looks like this might only apply to people whose leave expires before 31 May, but I have a sneaking suspicion (and nothing more than that) that this provision could be extended. But of course, this all hinges on whether or not you could give notice and marry in the UK.

I am sure you've already seen:
https://www.gov.uk/marriages-civil-part ... ive-notice

[seagul]

She still cannot switch to a spouse visa if you get married though and will have to leave and apply abroad.

Ordinarily, this a million %....

But, I've just come across something published 6 days ago:
"During these unique circumstances you’ll be able to apply from the UK to switch to a long-term UK visa until 31 May. This includes applications where you would usually need to apply for a visa from your home country."

https://www.gov.uk/guidance/coronavirus ... -residents

At the moment, it looks like this might only apply to people whose leave expires before 31 May, but I have a sneaking suspicion (and nothing more than that) that this provision could be extended. But of course, this all hinges on whether or not you could give notice and marry in the UK.

I am sure you've already seen:
https://www.gov.uk/marriages-civil-part ... ive-notice

Just before going into self isolation the prime minister had introduced new strict curbs over life in UK for enforcing the social distancing practice and stopping marriage events is one of them. Also in my view the new announcement where the affected person's visa will automatically gets extended until 31st May are still subject to the availability of flights.

[honeybadger168]

Hi all,
I just spoke with the Home Office via the Coronavirus Immigration Help Line. I am visiting my husband from the US and my visitor leave expired on March 5th. Due to a combination of my husband having a heart issue, travel restrictions and us self-isolating, I couldn't return to the US. I explained this to the woman I spoke with and was told just to email my information and they could extend.

I also inquired about applying for a spouse visa from the UK since normally I would have to do so from the US. She said that you can apply for a spouse visa from the UK during this time. Hopefully that helps a bit! Wanted to save someone the 3 hour phone wait I just had.

[seagul]

. She said that you can apply for a spouse visa from the UK during this time. Hopefully that helps a bit! Wanted to save someone the 3 hour phone wait I just had.

For spouse visa you will need marriage certificate and all marriage events/ceremonies are temporarily suspended as part of new tougher curbs (same as said above)

[physicskate]

Hi all,
I just spoke with the Home Office via the Coronavirus Immigration Help Line. I am visiting my husband from the US and my visitor leave expired on March 5th. Due to a combination of my husband having a heart issue, travel restrictions and us self-isolating, I couldn't return to the US. I explained this to the woman I spoke with and was told just to email my information and they could extend.

I also inquired about applying for a spouse visa from the UK since normally I would have to do so from the US. She said that you can apply for a spouse visa from the UK during this time. Hopefully that helps a bit! Wanted to save someone the 3 hour phone wait I just had.

If your visitor leave (presumably for 6 months?) expired on March 5th, that was WELL before flight restritions came into place.

For example, HMRC aren't granting extensions without penalties to taxes due before the 20th of March...

I wouldn't count on the 'word' of someone from the HO phone lines - the visa helplines are well-known for giving people eroneous advice. Apply and see what happens. It may well be that they grant you an extension/ allow you to apply for FLR(M) when you should have to apply for a spouse visa entry clearance from outside the UK. This is a time of uncertainty.

[Casa]

I agree with physicskate, but as Seagul has already highlighted, all marriage ceremonies have been suspended for the forseeable future. You won't be able to apply for FLR(M) until after you are married (with no guarantee this will be successful).