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Spouse visa rejected, Fiancee visa instead.

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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

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Soulie
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Posts: 9
Joined: Sun Mar 30, 2008 11:27 am

Spouse visa rejected, Fiancee visa instead.

Post by Soulie » Thu May 22, 2008 8:56 pm

Hi,

My wife and I were married in Punjab, India over 2 years ago. A few months ago we decided to settle in the UK. I am a UK citizen, we applied for the spouse visa and were rejected, but granted a fiancee visa instead. They said they do not recognize our "cultural" marriage certificates. I do not understand how this can be I submitted the following:
- Marriage Certificate from the Temple, and
- Schedule D (Form of Extract from the Hindu Marriage Registrar).

Surely these documents are "CIVIL" documents with official stamps of the marriage registrar?

Regardless, my wife is able to join me here now on a fiancee visa. What is the best course of action I should take?

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Thu May 22, 2008 9:44 pm

Under the terms of the UK's Foreign Marriages Act 1892 the UK recognises an overseas marriage as legally valid, if it is recognised as legally valid under the laws of the place where it took place. Accordingly, given I know nothing about Indian marriage law, the question to ask is ..... is your marriage considered as a legal marriage under Indian law? Or is it a "mere" religious marriage, having no legal significance?

In any case, the fiancée visa has been issued. Get her here and then go along to a Register Office and give the needed Notice of Intention to Marry, then get married in the UK.
John

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