Hi, me and my Fiancé, want to get married, she is from Russia and there not an EU citizen. We want to know how we can give notice of our marriage in the UK, as we want to get married in London in 8 weeks’ time. I am a British Citizen by the way. I heard different rules apply, when one half of the couple is not a British or EU citizen, is this true, if so, can you please explain what we would have to do?
The Answer from Solicitors Online
How to give notice of marriage in the UK?
If you would like to get married in the UK, you must give notice of marriage at a registry office in the UK. After giving notice, you must wait for the 28 days minimum notice period to pass, before you can get married.
If your Fiancé or Spouse is from outside the UK, and outside of European Union, she will have to apply for a family of a settled person visa if she intends to stay come to the UK for more than 6 months.
It is worth noting that your Fiancé can only apply for this visa if she is currently living outside of the UK. A decision on whether a family of a settled person visa should be granted is usually reached within 12 weeks of the application being made.
You must get married within 12 months of giving notice. Otherwise you will be required to give notice again.
You can apply for the minimum notice period to be reduced to 15 days if both you and your partner are British or EU citizens.
What questions are you asked during the notice of marriage Interview?In the notice of marriage interview, you will likely be interviewed separately. The interviewer will try and establish if your marriage is going to be a genuine marriage or a sham marriage. As they have a responsibility to report marriages that they suspect of being sham marriages to the Home Office. Proposed marriages where one fiancé is a Non EU citizen and the other is British citizen or EU citizen are more likely to come under more scrutiny, as through this marriage the Non EU fiancé can obtain the right to live in the UK.
At the notice of marriage interview, interviewers typically ask some of the following questions (the couple will separated and asked these questions separately).
What is your fiancé ’s occupation?
When did you first meet your fiancé ?
What is your fiancé ’s date of birth?
What is your fiancé ’s address?
What is your fiancé ’s father’s name?
What is your fiancé ’s father’s occupation?
What is your fiancé ’s mother’s name?
What is your fiancé ’s mother’s occupation?
What venue do you plan to get married at?
What date to you plan to get married on?
What venue will you use for your wedding?
What documents do you need to bring with you when going to your notice of marriage appointment?
If you and your fiancé are both British citizens or EU citizens, or have a visa such as a Marriage visitor visa of Fiancé visa .Then you need to take with you the following
• Proof of address e.g. bank statement or bill (dated within the last 3 months), council tax bill with the last (dated within the last 12 months), driving licence or tenancy agreement.
• Proof of name and nationality e.g. passport or naturalisation certificate
• Passport sized photograph
However the exact documents that you need to bring vary slightly depending on which registry office you are going to. Therefore it is best to check the website of the registry or contact them beforehand, in order to know exactly what documents they require you to bring for notice of marriage.
7 days requirement for notice of marriage
If both you and your fiancé are either a British citizens or EU citizens, then you can only give notice of marriage at the registry in a city where you have lived for 7 straight days prior to giving notice of marriage.
If you are British or EU citizens, then you can only give your notice of at the registry office in the city or town where you have lived for the last 7 days. You and your fiancé can do this separately at your respective registry offices.
Non EU Citizens, giving notice of marriage in the UK
If either you or your fiancé are not both British Citizens or EU Citizens and do not have a marriage related visa such as a marriage visitor visa or fiancé visa, you must give notice together at the same time at any of the “designated register offices” in England and Wales. These offices have been specially equipped and authorised to take the notice of marriage of couples, where one of them is not a British or EU citizen.
The designated register offices in England and Wales are listed below:
NORTH EAST ENGLAND
Newcastle upon Tyne
NORTH WEST ENGLAND
Blackburn with Darwen
YORKSHIRE AND HUMBER
Stoke on Trent
Hammersmith and Fulham
Kensington and Chelsea
GREATER LONDON – OUTER
Barking and Dagenham
Kingston upon Thames
Brighton and Hove
Non EU Home Office referral
If either your or your fiancé are not a British citizen or EU citizen and does not have a marriage related visa, then your notice of marriage will automatically be referred to the Home Office for approval. This is known as the Home Office Marriage Referral Scheme.
You can only proceed with getting married once you have received a letter from the Home Office stating you can go ahead & marry.
Any foreign national who does not have permanent leave to remain in the United Kingdom but wishes to marry here, should apply for one of the following visas in order to be exempt from the Marriage Referral scheme:
Marriage visit visa
Civil Partnership visit visa
Proposed civil partner visa
Should you give notice of your intention to marry without holding one of the above visas (or holding the right to permanently reside in the UK) you will be referred to the Home Office for investigation and your notice period may be extended to 70 days. Meaning that you could have to wait up until 70 days until the Home Office complete their investigation and allow you to go ahead and get married.
The Home Office may investigate to make sure your marriage is genuine.
You may be interviewed by the Home Office or asked for more information as part of the investigation. You must comply with the investigation or you won’t be allowed to get married.
You must also tell the Home Office if you change your address during the notice period.
If you are British or EU Citizen or have a visa that enables you to get married in the UK, the fee you will pay, will be £35.00 each.
However if you are non EU citizen the fee will be £47.00 each. This fee is payable on the day of your notice of marriage appointment.
Booking a notice of marriage appointment.
To book a notice you can contact the registry’s office that you wish to use and book an appointment.
If you need legal advice online on how to give notice of marriage in the UK, get legal advice online Solicitors online right now.