# Getting married in the UK on Tier 5 YMS



## vivichan (Jul 23, 2013)

Hi guys,

I came to the UK from Hong Kong a few months ago with my Tier 5 YMS visa. My fiance, who is settled in the UK, and I are planning to get married here and I know I can do that on my Tier 5 YMS. However, I encounter several questions that I'd like to see if someone can shed some light on:

1. Immigration control
From the website of the council where we want to register, it said "If you are subject to immigration control, you need to produce paper evidence to confirm that you satisfy the eligibility requirements."

Is Tier 5 YMS holder under immigration control? If yes, what other paper documents I shall provide ? (no further info on this is found on the council website)

2. Bypass the fiancee visa?
Since I am getting married on my YMS visa instead of going through the normal route (i.e. fiancee visa> get married), surely I will bypass some of the requirements that I'd normally need to fulfill, e.g. evidence that we have met each other, evidence that our relationship is genuine and subsisting, etc. (the requirements of applying a fiancee visa). Then do I need to provide these evidence in order to register for getting married in the UK?

3. Requirements for foreign documents
Since I am a Hong Konger, the documents which show my name, age and nationality are obtained in Hong Kong. Though these documents are already in English, do I still need to certify/apostile these documents first?

Thank you very much! 

Cheers,
Vivi


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## Joppa (Sep 7, 2009)

vivichan said:


> Hi guys,
> 
> I came to the UK from Hong Kong a few months ago with my Tier 5 YMS visa. My fiance, who is settled in the UK, and I are planning to get married here and I know I can do that on my Tier 5 YMS. However, I encounter several questions that I'd like to see if someone can shed some light on:
> 
> ...


Tier 5 visa is sufficient proof, because it is a visa originally issued for more than 6 months (2 years). While you are still under immigration control, you can marry.



> 2. Bypass the fiancee visa?
> Since I am getting married on my YMS visa instead of going through the normal route (i.e. fiancee visa> get married), surely I will bypass some of the requirements that I'd normally need to fulfill, e.g. evidence that we have met each other, evidence that our relationship is genuine and subsisting, etc. (the requirements of applying a fiancee visa). Then do I need to provide these evidence in order to register for getting married in the UK?


Only when you switch to family route, i.e. apply for leave to remain as partner (spouse). Since they still haven't assessed you on those criteria, you have to produce evidence this time. You have to meet all the requirements for family route, i.e. £18,600 income, adequate accommodation and genuine relationship.



> 3. Requirements for foreign documents
> Since I am a Hong Konger, the documents which show my name, age and nationality are obtained in Hong Kong. Though these documents are already in English, do I still need to certify/apostile these documents first?


To get married, all you need is your passport with Tier 5 visa. For switching to partner leave, you may need other documents (but not much). Possibly birth certificate (passport alone usually suffices). You don't need any financial documents from HK, unless you are meeting the financial requirement wholly or partly through your savings.


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## vivichan (Jul 23, 2013)

Thanks a lot, Joppa. Your information definitely clears my doubt! Very useful, thanks! Just one more question...

"Only when you switch to family route, i.e. apply for leave to remain as partner (spouse). Since they still haven't assessed you on those criteria, you have to produce evidence this time. You have to meet all the requirements for family route, i.e. £18,600 income, adequate accommodation and genuine relationship."

Does this still apply to me if I apply for EEA family permit after marriage instead of going for UK spouse visa?


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## Crawford (Jan 23, 2011)

vivichan said:


> Thanks a lot, Joppa. Your information definitely clears my doubt! Very useful, thanks! Just one more question...
> 
> "Only when you switch to family route, i.e. apply for leave to remain as partner (spouse). Since they still haven't assessed you on those criteria, you have to produce evidence this time. You have to meet all the requirements for family route, i.e. £18,600 income, adequate accommodation and genuine relationship."
> 
> Does this still apply to me if I apply for EEA family permit after marriage instead of going for UK spouse visa?


What citizenship is your fiance? If British you have to go the spouse visa route.


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## vivichan (Jul 23, 2013)

Crawford said:


> What citizenship is your fiance? If British you have to go the spouse visa route.


Thanks Crawford! My fiance is French. He settles in the UK but hasn't got the citizenship here yet.


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## Joppa (Sep 7, 2009)

If he doesn't take out British citizenship, you can stay in UK under EU rules as family member of a non-UK EEA citizen. So instead of spouse visa under the family route, you apply for residence card on form EEA2, which has no financial requirement and a fee of only £55, and you can stay for 5 years and work. After 5 years you can apply for permanent residency, and after a further year, apply for naturalisation.


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## vivichan (Jul 23, 2013)

Joppa said:


> If he doesn't take out British citizenship, you can stay in UK under EU rules as family member of a non-UK EEA citizen. So instead of spouse visa under the family route, you apply for residence card on form EEA2, which has no financial requirement and a fee of only £55, and you can stay for 5 years and work. After 5 years you can apply for permanent residency, and after a further year, apply for naturalisation.


Thanks a million, Joppa! Now I truly understand and know what I have to tackle! Much appreciated your help


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## Joppa (Sep 7, 2009)

EU route is alternative to spouse visa (family route), as you are eligible for either because he has lived in UK 5 years. Obviously it's more advantageous for you to qualify under the EU ruls as it has far fewer restrictions. You still have to demonstrate genuine relationship, and about half the residence card applications are turned down, so Home Office do scrutinise every application (as you'd expect given the level of abuse and the generosity of EU provisions; you may have seen documentaries about immigration raids at register offices over bogus marriages involving EU citizen - who is paid handsomely - and non-EEA fiancé whom they have never met).


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## JFC (Jul 3, 2014)

Hi, I am about to undertake the exact same thing. My partner is on a tier 5, from NZ, and I am in England on a German passport. I am a student. Is there any problem you encountered or could you possibly post an update how it all went?

Thanks so much and hope its all well!


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## nyclon (Apr 3, 2011)

The OP hasn't logged on since the original posts. You should start a new thread if you have questions.


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