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I would like to ask for help, advice or recommendations about our situation with my fiance:

My fiance is Romanian, currently working in England for the last 4 years and a half. I arrived this year to live with him for the 6 months .

My questions are:

Is it possible to marry in UK when the marriage is between a EU Citizen and a Non-EU Citizen? What are the possibilities of approval/refusal that I can be with my future husband in the UK?

We will be so grateful if you help us to answer our doubts, Kind regards.

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    With so many options and such serious consequences, it would be best to work with a solicitor who specializes in immigration. – Gerard Ashton Dec 16 '19 at 21:20
  • https://www.citizensadvice.org.uk/immigration/visas-family-and-friends/getting-a-visa-for-your-partner-to-live-in-the-uk/ According to this you can't switch visas. – mkennedy Dec 16 '19 at 21:43
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    @mkennedy but once they're married, she no longer needs a visa. – phoog Dec 17 '19 at 03:59
  • @phoog The website I linked to says that someone can't switch to a partner visa if they're in the UK on a visit visa. Am I misunderstanding that statement? The website also says (earlier on the page) that it includes spouse,partner, fiancee, etc. Oh, am I confusing visa with residence permit? – mkennedy Dec 17 '19 at 17:27
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    @mkennedy the spouse of an EU citizen who resides in the UK does not need a partner visa, nor a residence permit. Those documents are issued under the Immigration Rules. Instead, that person has a right to reside under the Immigration Regulations 2016 (as long as they remain in force) and may optionally apply for a residence card issued under the regulations. This is not subject to the prohibition on switching under the Immigration Rules. – phoog Dec 17 '19 at 17:53
  • @phoog Thank you! – mkennedy Dec 17 '19 at 21:46
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    @mkennedy you're welcome. It occurs to me that I should have mentioned an (often overlooked) provision of the EEA regulations that says that any restrictions placed on any leave to enter or remain that was granted to anyone under the "normal" immigration rules have no effect when that person also enjoys a right to reside under the EEA regulations. That's the basis for the statement that "once they're married, she no longer needs a visa": at that point, she has a right to reside under the regulations and the old visa becomes more or less meaningless w.r.t. her continued presence in the UK. – phoog Dec 17 '19 at 21:58

1 Answers1

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Is it possible to marry in UK when the marriage is between a EU Citizen and a Non-EU Citizen?

If it is possible, can we get married even if I am here as a Visitor (Tourist)?What documents they will ask me to show? (Besides our passports).

  • MAYBE. Entering the UK visa-free https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-v-visitor-rules (V4.10) or with a Standard Visitor visa with the intention of marrying is not allowed https://www.gov.uk/standard-visitor-visa. However, if you do not have the appropriate visa you can still give notice of your intention to get married 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

  • decide not to approve your notice - if this happens you cannot get married in the UK

If it is not possible, Where is the best place to get married - Mexico? Rumania?

  • We can’t answer that

What are the possibilities of approval/refusal that I can be with my future husband in the UK?

  • We can’t answer that either.
Traveller
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    It is in fact allowed to get married in the UK with a standard visitor visa, but the wait after giving notice may be extended by the Home Office, and they can deny permission. The immigration rules say that it is not allowed to arrive in the UK with the intention to get married unless one has a marriage visitor visa, but if the intention is formed after arrival, that is permissible, subject to Home Office approval. See https://www.gov.uk/marriages-civil-partnerships?step-by-step-nav=724aa735-c4cc-4ffc-9136-dcb43668982b. – phoog Dec 17 '19 at 04:16
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    @phoog I have amended my answer – Traveller Dec 17 '19 at 09:52