UK National Marrying Non-EU National in UK on Tourist Visa?

[lmcfreekz]

Hi all...

Been digging through the threads and various links from this forum but am still a little confused with my current situation and would appreciate some specific advice...

I’m a UK citizen... born, bred, live and work.... and I have spent the last 18 months living with my Malaysian Chinese girlfriend (Malaysian passport) in London who had been on the now defunct 2 year working holiday visa… her visa expired at the end of June and she’s now back in the UK on a standard 6 month tourist visa re-entering after a European holiday that doesn’t allow her to work…

We’ve decided we want to continue our relationship and the only way for us to do that is to make the jump into marriage… the points I’d appreciate clarification on are the following:

1. At the minute we are still nothing more than girlfriend – boyfriend… she didn’t apply for permission to marry before entering the UK on a 6 month tourist Visa (because it wasn't decided that we'd make that jump then)… are we able to get married in the UK or does she have to go home and apply for permission to marry before re-entering?

2. Approximately how long does this process take?

3. If we were to get engaged, would we be able to switch to the fiancée visa? Or if she has to leave and re-enter on a fiancee visa would this remove any away time associated with applying for spouse visa?

Thank you in advance for your help!

[kkuk]

hi
First congratulation to you both for deciding to get married.
following are some answers to your queries.I tried my best but please do contact UKBIA too to get detailed infos.


At the minute we are still nothing more than girlfriend – boyfriend… she didn’t apply for permission to marry before entering the UK on a 6 month tourist Visa (because it wasn't decided that we'd make that jump then)… are we able to get married in the UK or does she have to go home and apply for permission to marry before re-entering?

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Based on her current status in UK as a visitor, You cant get married in UK.
But she can go back home and apply as spouse/fiancee visa.I think this would be most convenient way for you guys.

_______________________________________________________________
Approximately how long does this process take?
Depends on how comprehensive documents(e.g proof of relationship,bills,your employment,provision of funds so that she wouldn't be burden on state,photos etc) you are providing with the application form & the country she is applying from.
______________________________________________________________
If we were to get engaged, would we be able to switch to the fiancée visa? Or if she has to leave and re-enter on a fiancee visa would this remove any away time associated with applying for spouse visa?


If she were still on workpermit then you could have applied for COA(permission to get married) and then got married straightaway and then switch the status directly.
BUT as she is on visit visa, She cant unfortunately switch her status.

[Casa]

If she still has sufficient time left on her Visitor Visa she can apply for a Certificate of Approval to marry in the UK (COA is now free), but she would still have to return to her home country to apply for a Spouse visa to re-enter.
If you were able to find a Church of England vicar who would agree to marry you without the COA, this would be legally accepted...but she would still need to return to Malaysia to apply for the Spouse visa. Form VAF4a...application fee £585.
Are you both over 21?

[lmcfreekz]

Thank you both for the information.

Applying for the COA seems like a good idea. She has just over 4 months left on her tourist visa. How long does the application take?

VAF4a is the spouse visa application, right? And that costs £585? Timeframe probably works out quite well as she plans to be back in Malaysia for New Year and Chinese New Year.

Yes, we are both over 21.

[Casa]

Form VAF4a...and yes, it's £585. I would apply for the COA as soon as possible as the processing time varies. Other members may have recent timescales.
Hope it all goes well for you.

[Obie]

I thought she would need to apply for a marriage visitor's visa, before she can be allowed to get married in the UK.

See this information.

I suppose the ruling on the COA, will effectively make it illegal for them to stipulate that condition.