1) CAN I GET MARRIED
IN THE UK IF I HAVE VISIT VISA?
A person who has the normal, Standard Visitor visa, is not permitted to marry or form a civil partnership in the UK. Such activity is prohibited under the Immigration Rules and sanctions may apply.
A person who intends to come to the UK to marry must either apply for:
a) Marriage/Civil Partnership visa under Appendix Visitor, or
b) Fiancé or proposed Civil Partner visa under Appendix FM. The difference is that Marriage/Civil Partner visa holder is only coming to the UK to marry and engage in other normal tourism activities and must leave the UK usually not more than 6 months of entry.
However , a Fiancé or proposed Civil Partner visa holder is expected to marry and to thereafter apply for permission to remain in the UK as a partner and will have a pathway to settlement and naturalization. It is important to note that the conditions to be granted a Fiancé/ Civil Partner visa are more onerous and includes meeting the
i) English language requirement,
ii) Financial requirements,
iii) immigration status requirements,
iv) adequate accommodation requirement,
v) tuberculosis test requirement.
vi) immigration health charge.
The partner in the UK must have the appropriate immigration status such as being a permanent resident, a British citizen or have the appropriate status under the EU Settlement Scheme. Thus, a skilled Worker, Student, Graduate, etc cannot sponsor a person to apply for a Fiancé visa. A holder of Marriage Visitor visa who intends to live in the UK with their partner must leave the UK and make the appropriate application either as a Partner or as a Dependent, based on the immigration status of the UK spouse.
Whereas the Marriage Visitor visa holder is obligated to leave the UK after marriage, a Fiancé/Civil Partner visa holder is expected not to leave, but to apply for permission to remain with their partner . The intention to live in the UK permanently with their partner is an important condition for the granting of the Fiancé visa.
2) CAN I APPLY FOR STUDENT VISA FROM THE UK IF I HAVE A VISIT VISA?
A person who holds a Visitor visa cannot switch to being a Student. Certain categories of persons can switch to the Student status but those on visit visas are excluded.
A visit visa holder is however permitted to study for no longer than 6 months in an Accredited Institution that is not a State Funded School or Academy.
A visit visa holder can also undertake a not more than 6 months elective courses in Medicine, dentistry, Nursing, Midwifery, veterinary medicine, or to undertake not more than 6 months research.
An individual with a visitor visa cannot switch or change into a normal, full time studies as a Student as he would not meet the immigration status requirement .The person is expected to leave the UK and to apply for Student visa with a valid Certificate of Acceptance for Studies.
3) I HAVE A VISIT VISA. MY BROTHER/OR RELATIVE IS A BRITISH CITIZEN. IS THERE A WAY I CAN STAY WITH THEM IF I VISIT?
A person who holds a visit visa cannot switch to remain in the UK as a family member regardless of the relationship between the applicant and the family member in the UK. To leave the UK prior to the expiration of the period of stay is a fundamental condition for visit visas and an applicant would do well to keep to this condition.If the family member habours you and you overstay, you would have breached the conditions of your visa and may find it difficult to get another visa or to re-enter.
There are circumstances where a person can switch immigration status from within the UK, e.g from a Student to a Partner or Skilled Worker, but such opportunities are not available to a visitor. The visitor will be required to leave the UK and to make an application for entry clearance as a family member.
4) ARE THERE ANY CIRCUMSTANCES WHERE A PERSON WHO HOLDS A VISIT VISA CAN LAWFULLY REMAIN IN THE UK?
Conceivably yes. But in genuinely exceptional circumstances.
A visit visa holder who is genuinely fleeing from persecution or who is eligible for humanitarian protection ( within the strict meaning of the law) can stay behind and apply for asylum. Such a person is protected from a removal while the application is pending. If the application succeeds, the person would be granted limited permission to stay in line with Part 11 of the Immigration Rules and the latest changes to the asylum Rules. If the application is refused, you may still be permitted to remain in the UK pending appeal, except if the Secretary of State certified the asylum claim as “clearly unfounded” , in which case, you will be required to leave the UK and appeal or continue your appeal from outside the UK.
It is also conceivable that in genuinely exceptional circumstances where it is not possible or practicable to leave the UK to make an application, such as where the applicant’s country of residence is in a state of war, the Home Office can, in the exercise of discretion, permit such an applicant to apply from within the UK.
5) MY HUSBAND IS A BRITISH CITIZEN. MY CHILDREN ARE ALSO BRITISH CITIZENS. WE ALL LIVE IN NIGERIA. IS THERE A WAY FOR ME TO APPLY FOR BRITISH STATUS FOR MYSELF?
The British citizenship of your husband and children will not rob off on you. So long as you all live in Nigeria, you will have no UK immigration advantage or status. You are at liberty to apply for a UK visa for a visit or for any other purpose, just like anyone else.
However, if your husband decides to relocate to the UK, then it may be possible for you to apply to join him as his partner. This will lead to eventual naturalization as a British citizen, all things being equal .If your husband remains in Nigeria, but your children who are British citizens relocate to the UK, you may be able to join them as a Parent but subject to meeting strict requirements of the immigration rules.
Eddie Onyeka
IAA Regulated Immigration Adviser.