# Marrying on visitor visa?



## Mvisahelp (Jan 14, 2012)

hi i would like to maybe ask a question in relation to this. If my girlfriend comes over on vistor visa and we marry and have kids can they still remove her ? can she go to china and apply to come over or will the fact that she married under vistor visa and overstayed 
work against her?

Or Do you think getting married in her country and then getting a marriage visa is the best course of action rather than the vistor visa and marriage way ?

thanks in advance .


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## Joppa (Sep 7, 2009)

Mvisahelp said:


> hi i would like to maybe ask a question in relation to this. If my girlfriend comes over on vistor visa and we marry and have kids can they still remove her ? can she go to china and apply to come over or will the fact that she married under vistor visa and overstayed
> work against her?
> 
> Or Do you think getting married in her country and then getting a marriage visa is the best course of action rather than the vistor visa and marriage way ?


I have started a new thread.
In your previous post, you stated you live and work in UK and you have a Chinese girlfriend whom you'd like to marry this year.

It's never a good idea to flout the immigration law, as it may have serious consequences for future options. What you should normally do is for your girlfriend to obtain a fiancée visa for UK, get married here and then apply for further leave to remain as your wife.

Or you can travel out there and marry. You need to meet whatever local rules exist for a marriage involving a foreigner and obtain any relevant visa in advance, and you need to check out that the marriage will be recognised as valid in UK - it almost certainly will be. Then she applies for her spouse visa, and when granted, she moves to UK. After 2 years she can apply for indefinitea leave to remain.

If she gets married here while being a visitor, she won't be able to change her visa status and will have to return to China and apply there. Having a child here won't change it, and if she doesn't go voluntarily, she may be separated from her child (as the child will be dual British/Chinese so can stay here legally), detained and removed. She has no right of appeal, as a visitor. She can appeal on human rights grounds against deportation and ask for discretionary leave to remain, but it may not be granted. Overstaying is never a good idea and can jeopardise chances of a visa in future.


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## Mvisahelp (Jan 14, 2012)

Joppa said:


> I have started a new thread.
> In your previous post, you stated you live and work in UK and you have a Chinese girlfriend whom you'd like to marry this year.
> 
> It's never a good idea to flout the immigration law, as it may have serious consequences for future options. What you should normally do is for your girlfriend to obtain a fiancée visa for UK, get married here and then apply for further leave to remain as your wife.
> ...


Thanks joppa do want to marry and go that route . we pass most things on the marriage visa (age etc) but not sure on the housing part and financial part. Do you have any answers to the housing benefit question i posted if not you know who i could ask on this question thanks in advance.


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