Gurprit Kaur Rakhra in Asiana Magazine - 'Til Visa Do Us Part
'Til Visa Do Us Part
These days immigration solicitors are in almost the same demand as wedding planners. But dealing with your partners immigration status does not have to be as stressful as planning for your big day when you have the correct legal advice.
The number of people without any legal status to live in the UK is growing and the Asian community have a large majority. Weddings are times for celebrations and excitement so your partners immigration status should not stand in the way of this. Unfortunately reality is that many couples need to seek legal advice before they can confirm a wedding date! The law relating to permission to marry within the UK depends on different factors including the type of visa they have (if there is a visa!).
Immigration rules allow certain visa types which are normally issued for over 6 months to switch into the marriage category while in the UK. This depends on the type and also how long the visa is valid. For example a foreign student in the UK wishes to marry a British citizen. If the student was issued with a visa for over 6 months and has at least 3 months of the leave still present on their visa then they can apply for permission to marry and register their marriage in the UK.
However following the decision of the House of Lords in the case of R (Baiai) v Secretary of State for the Home Department [2009] a person can apply for a Certificate of Approval irrespective of whether they are legally in the UK or not. It is a free application which can be seen as a wedding gift from the UK government! If the certificate is issued it will be valid for three months and the couple should marry or form a civil partnership during that period. Once married in the UK an application for a spouse visa can be made to the UK Border Agency.
However bringing your husband or wife from abroad is a different ball game altogether. If you are planning to get married abroad then any application for entry clearance will need to be made at the British High Commission in the country that your partner resides in. A detailed application should be submitted which satisfies the Immigration rules and the entry clearance officer. Pleasing your mother-in-law is in addition to this!
The Immigration rules denote what documents and evidence are needed to be successful in an application however it is not always as straightforward as it looks. The Immigration Rules relating to the entry of spouses and civil partners require that:
- the sponsor is present and settled in UK, or is being admitted for settlement;
- the couple are married/ in a civil partnership;
- both parties to the relationship are 21 years old or over;
- the couple have met;
- they intend to live together permanently, and the marriage/civil partnership/partnership is subsisting;
- there will be adequate accommodation without recourse to public funds in accommodation they own or occupy exclusively;
- they are able to maintain themselves adequately without additional recourse to public funds for the applicant;
- the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
Each and every application is different and therefore more complex cases require more expert advice. However the sad fact is that over half the applications made are refused due to little or no guidance. But there is light at the end of the tunnel in the form of a ‘right of appeal’. You have 28 days from the date of refusal to lodge the appeal. Once the appeal is lodged you will have a chance to voice your case to an immigration Judge in the UK. As your partner abroad will not be present you will represent them. It is highly recommended to have legal representation from the refusal to the Hearing stage in order to guarantee success.
Once your husband/wife have their visas issued they will have ‘leave to enter or remain’ in the UK usually for 27 months. Once your husband/wife have completed the ‘probationary period’ they can then apply for permanent residence for the UK. This requires similar documents and evidence however legal advice would be recommended for this process to ensure the immigration rules are satisfied. British Citizenship is usually the last application which is required.
In all the excitement and anxiety don’t be fooled by ‘agents’ and ‘advisor’s’ in the UK and abroad telling you that ‘its a piece of cake’. Always seek legal advice from a qualified immigration lawyer to ensure that the application process will go as smoothly as your Big Day!
‘a match made in heaven’ is still settled in a British High Commission!
Useful websites and addresses
The Sethi Partnership Solicitors: www.sethi.co.uk
UK Border Agency: www.ukba.homeoffice.gov.uk
UK Visas: www.ukvisas.gov.uk/en/
Foreign and Commonwealth Office: www.fco.gov.uk/en/
Law Society & how to find an immigration solicitor: www.lawsociety.org.uk/choosingandusing/findasolicitor.law
