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UK citizen + GTV US citizen - marriage license

General UK immigration & work permits; don't post job search or family related topics!

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Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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GettingHitched
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UK citizen + GTV US citizen - marriage license

Post by GettingHitched » Sat Feb 06, 2021 9:35 am

I'm a UK Citizen and my partner is a US citizen who is currently here on a Global Talent Visa. She initially came to the UK on a Spousal Visa with her ex in 2016, and transferred to the GTV in October 2020 and applied for a divorce shortly after which has recently come through. We have been together for a long time, and have a baby who was born Jan 2020 and were intending to get married as soon as she got divorced.

However when we looked up getting a marriage license the gov.uk site said that without ILR (which she won't have for 3 years) we need either to apply for a family visa (which she doesn't want to switch to) or else:
If you do not have a marriage visitor visa or family visa:

You can still give notice of your intention to get married or form a civil partnership but the immigration authorities at the Home Office will be told.

The Home Office might:

ask questions about you and your relationship - if this happens you may need to wait up to 70 days before getting married or forming a civil partnership
decide not to approve your notice - if this happens you cannot get married or form a civil partnership in the UK
Our relationship is long term and we have a child together, but it started during the period she was on a spousal visa with her ex so we're unsure if it's wise to go down this route and are looking for advice/information on what the home office is likely to ask/care about!

Thanks and sorry if I posted in the wrong place!!

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CR001
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Re: UK citizen + GTV US citizen - marriage license

Post by CR001 » Sat Feb 06, 2021 10:17 am

The notice is normal for all non UK citizens wanting to get married. You need ukvi approval before you can marry, which is why the HO approved Registry office informs them.

The non UK person does NOT require ilr to give notice and does not need a family or spouse visa to get married.
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Re: UK citizen + GTV US citizen - marriage license

Post by vinny » Sat Feb 06, 2021 11:39 am

After marriage, she may remain on the GT route to ILR, preserving her qualifying period for ILR.
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GettingHitched
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Re: UK citizen + GTV US citizen - marriage license

Post by GettingHitched » Fri Feb 12, 2021 11:19 am

Thanks for the advice : )

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