# Us citizen boyfriend tourist visa



## vmpl (Aug 27, 2011)

Can I marry my us citizen boyfriend on
A tourist visa at Gretna green ?? I called them and they said all they need is birth certificates and don't ask to see visa etc 

Also I am pregnant to him. What's quickest way of gettin him to be able to stay here with me


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## nyclon (Apr 3, 2011)

Unfortunately, no he can't get married on a tourist visa and I wouldn't expect whoever you called to be up on immigration laws. The advice that all you need is birth certificates is wrong. Your only choices are to return to the US with him and get married and then apply for a spouse visa for him. Or, he returns to the US and applies for a fiance visa which once issued allows him to come back to the UK and marry you within 6 months (he cannot work on this visa) and then apply for a spouse visa. No matter what you decide to do, he must return to the US to apply for further visas. He *cannot* switch from a tourist visa to any other visa.


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## vmpl (Aug 27, 2011)

I don't understand why I have been advised that then. I met a lady thru work who is an immigration officer and she said we can Marry here it's just not advised to as can look like that was always the intention not just for him to come on holiday. I explained to the registrar at Gretna the fullsituation and was told that although we should make ukba aware of our intention to marry that they do not however require to see any thing from them :/


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## Joppa (Sep 7, 2009)

vmpl said:


> Can I marry my us citizen boyfriend on
> A tourist visa at Gretna green ?? I called them and they said all they need is birth certificates and don't ask to see visa etc
> 
> Also I am pregnant to him. What's quickest way of gettin him to be able to stay here with me


While normally a US citizen wanting to marry in UK but not settle here afterwards needs a marriage visitor visa, since the abolition of certificate of approval, perhaps some register offices marry them just on a tourist leave. Don't count on it, as they can always insist on a proper visa, and having married without proper visa may be queried later by UKBA when another visa is applied for.

As for your boyfriend staying in UK afterwards, he can only stay 6 months as a visitor and no work is allowed. If he wants to settle with you in UK, marriage must be on the horizen, unless you have been living together for 2 years and you are both aged 21 or over. If you are marrying him, he will need to get a fiancé visa before coming to UK, or you can travel out to US and marry him there - no special visa needed by you - just ESTA/visa waiver.

The fact you are expecting a child by him doesn't make much of a difference - he will still need to meet all the requirements to get his settlement visa. Other than age, you need suitable housing and there must be enough money not for him to resort to public funds. While no set amount is laid down, normally something in the order of average salary over 6 months, like £12000 to £15000 in steady income, joint savings and any help from relatives is required. Expecting a child does mean there must be greater financial resources to cover extra costs.


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## vmpl (Aug 27, 2011)

So I have to be earning approx 2000 a month salary to meet the requirements ?? Thanks for all your help x


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## Joppa (Sep 7, 2009)

vmpl said:


> So I have to be earning approx 2000 a month salary to meet the requirements ?? Thanks for all your help x


Also they will scrutinise the nature and durability of your relationship: How long known each other, how often met, any joint financial responsibility, and you need to document it as far back as your first contact - photos, letters, emails, travel tickets, texts, skype logs etc.
And do you have a suitable accommodation, rented, owned or provided by a relative?


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## vmpl (Aug 27, 2011)

Yes I have a house from a housing trust and live there with my two children. He has been in england now for almost 3 months and is staying with me at my house .the housing association know he is staying with me also. I have received all the forms off the registrar in Gretna, if we fill in and send off once we get confirmation from
Them can we take that to mean the registrar will marry us ??

It's all so complicated. We've known each other for 2 years and have met in person etc obviously cos I am pregnant. I am scared I will be made to bring up the baby on my own and my religion doesn't believe In abortion so it isn't an option.


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## nyclon (Apr 3, 2011)

vmpl said:


> I have received all the forms off the registrar in Gretna, if we fill in and send off once we get confirmation from
> Them can we take that to mean the registrar will marry us ??


No. Here is a link to the UK Border Agency website stating the Immigration Rules that visitors must abide by while in the UK on a visitor visa. Please note 40 (x) which clearly states that you *cannot** marry* *while on a visitor visa*.

UK Border Agency | Part 2 - Persons seeking to enter or remain in the United Kingdom for visits

Again, it is not the responsibilty of the registrar to know immigration rules. You have been given incorrect information. If you do marry you will be jeopordizing any future visas for your boyfriend as he will have violated one of the rules of being in the UK on a visitor visa.


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## vmpl (Aug 27, 2011)

Apparently we no longer need pentathol to marry if we are in uk already ?

If both of you are in the UK
If you and your future husband, wife or civil partner are both in the UK but at least one of you is subject to immigration control, you will need to give notice to marry or register your civil partnership with a registrar at a 'designated office'. The Giving notice page contains more information.
Since 9 May 2011, you do not need to obtain a Certificate of Approval before you marry or register your civil partnership.


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## vmpl (Aug 27, 2011)

Sorry I
Meant permission in above thread. Also can you look at this ??

If your application as a husband, wife, civil partner or unmarried/same-sex partner is successful, we will grant you permission to come and live here for 27 months, or to remain here for another 2 years if you are already in the UK when you apply. Shortly before the end of this period, you will be able to apply for permission to settle permanently (known as 'indefinite leave to remain') in the UK as their partner.

Does this mean he can apply from
Uk for spouse visa ?


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## Joppa (Sep 7, 2009)

vmpl said:


> Sorry I
> Meant permission in above thread. Also can you look at this ??
> 
> If your application as a husband, wife, civil partner or unmarried/same-sex partner is successful, we will grant you permission to come and live here for 27 months, or to remain here for another 2 years if you are already in the UK when you apply. Shortly before the end of this period, you will be able to apply for permission to settle permanently (known as 'indefinite leave to remain') in the UK as their partner.
> ...


Even if your fiancé is able to marry in UK during a tourist stay, he won't be able to apply for a spouse visa from within UK. The reason is that only certain visa categories permit switching (changing visa status, in your case from tourist to spouse), and those on tourist stay cannot. So he will have to return to US and apply for his spouse settlement visa there.

It's easy to get confused by UKBA site, as often you need to read several, separate rules in tandem to arrive at the correct conclusion.


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## vmpl (Aug 27, 2011)

So we can Marry but need to return there to apply for spouse visa but then why does it say if you are in uk already and applying ?? It's so misleading


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## Joppa (Sep 7, 2009)

vmpl said:


> So we can Marry but need to return there to apply for spouse visa but then why does it say if you are in uk already and applying ?? It's so misleading


But you need to read another rule that states that only certain visa categories are permitted to switch.
So the above statement from UKBA should read:

_'If you are in UK already *on another visa category that permits switching, such as student visa or work visa valid a year or more, or a fiancé(e) visa*...'_


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## nyclon (Apr 3, 2011)

vmpl said:


> Sorry I
> Meant permission in above thread. Also can you look at this ??
> 
> If your application as a husband, wife, civil partner or unmarried/same-sex partner is successful, we will grant you permission to come and live here for 27 months, or to remain here for another 2 years if you are already in the UK when you apply. Shortly before the end of this period, you will be able to apply for permission to settle permanently (known as 'indefinite leave to remain') in the UK as their partner.
> ...


Absolutely not and nor can you marry as per the information I provided you in the previous post and link. It clearly states that cannot marry on a visitor's visa and you will be exposing yourself to further problems if you take the incorrect advice that you were given by a registrar who is not responsible for knowing immigration rules. That's your responsibility.


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