Hi nickomahoney,
I'm sorry to be the bearer of bad news, but the UK doesn't recognise
telephone marriages. However, all is not lost because immigration to
the UK as a fiancée is a viable option.
DIPLOMATIC SERVICE PROCEDURES
ENTRY CLEARANCE VOLUME 1
GENERAL INSTRUCTIONS
13.10 - Validity of marriages
Marriage by proxy, by telephone or where no ceremony was required
"The formal validity of a marriage should be determined exclusively
according to the laws of the countries in which both parties are
physically present when the marriage takes place. Therefore a
telephone marriage celebrated whilst one of the parties is in the UK
will not be valid, because telephone marriages are not valid in this
country. However, in cases where the UK-based sponsor was overseas
when the telephone marriage took place and the laws of both countries
recognise such marriages, we cannot deny that the marriage is valid.
Enquiries about the marriage laws of other countries may be referred
to INPD, Home Office."
Where a marriage has been celebrated will be a question of fact in
each case. Where ECOs have doubts, the onus is on the applicant to
show that it was celebrated in a country which recognises such
marriages. In cultures which regard marriage as consisting of an offer
made by a man and accepted by a woman, then the (telephonic) marriage
should be considered as having taken place in the country in which the
proposal has been accepted i.e. where the wife is. Where the wife is
resident in the UK and the offer made from overseas, then the marriage
should be considered as having been celebrated in the UK and
consequently it will not be valid in UK law. Proxy marriages should be
considered as having been celebrated in the country in which the
ceremony took place.
http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1035796295766
>>> Immigration to the UK as a fiancée
Fiancé/e of an UK Citizen, permanent resident or EU Citizen:
"The requirements for immigration to UK as a Fiancé/e?s are very
similar to the rules for married couples. You may wish to consider
very carefully whether it is best to marry first and then apply for
entry as this will avoid the necessity of making a fiance/e
application and then a second application to remain as a spouse.
However, please note that it is no longer possible for most visitors
to change status to a spouse visa. The basic requirements for
immigration to UK are as follows:
* Unless you are engaged to an EU Citizen (not British citizen in
this situation!) with a five year residence permit you must apply for
entry from outside the UK. If you wish to apply from within the UK in
other circumstances your application is likely to be refused unless
you can show exceptional reasons why the application should be
granted.
* You are granted entry to the UK for a period of six months
during which time you must marry your fiancé/e in the UK. If there are
exceptional reasons for delaying marriage until after the initial six
months an extension to stay in the UK may be granted.
* You will not be permitted to work in the UK on the fiance/e
visa, and you and your fiance/e must show that there will be
sufficient funds and accommodation in the UK without requiring public
funds before and after the marriage. Public funds cover various
benefits paid by the Government if you are currently looking for work,
if you are on a low income and if you are in various other situations.
* You must have met your future spouse. This is to prevent a
situation that occurs sometimes in arranged marriages where the future
husband and wife have never met.
* You must intend to live together permanently with your future
spouse once you are married.
* It is a requirement that the overseas fiancé/fiancée has to be
16 years old or over, and the sponsor in the UK has to be at least 18
years old.
* Children of the overseas fiance/e who are under 18 years old are
only allowed entry to the UK as dependants if it can be shown that it
would cause serious problems if they are not allowed entry at the same
time. Therefore this sort of application will be difficult to make,
and in many cases it may be best to wait until after the marriage and
then apply for entry of dependents.
* You should apply for a marriage visa from within the UK when you
are married, and will then be eligible to work freely in the UK.
http://www.workpermit.com/uk/fiance.htm
Fiancée: £260
Must apply in Israel at the British Consulate.
http://www.workpermit.com/uk/appl.htm
"You asked if a national of Israel needs a visa to come to the UK as a fiancé(e).
Yes, you need a visa.
Please read Guidance - Husbands, Wives and Partners for more information.
To apply for a visa you will need to fill in form VAF2 - Settlement.
If you are a national of, or are normally and legally living in
Israel, please make your application to Tel Aviv, or Jerusalem."
http://www.ukvisas.gov.uk/servlet/UKVisasDoINeedAVisa?url=%2Fservlet%2FFront%3Fpagename%3DOpenMarket%2FXcelerate%2FShowPage%26c%3DPage%26cid%3D1006977149962&purpose=Fianc%C3%A9%28e%29&nationality=Israel&location=Israel
Guidance - Husbands, Wives and Partners:
http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1018721067257
Form VAF2 - Settlement:
http://www.fco.gov.uk/Files/kfile/VAF2%20August%202004.pdf
British Consulate-General in Tel Aviv:
http://britemb.org.il/Consular/ConsularVisa.html
British Consulate-General in Jerusalem:
http://www.britishembassy.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1064571756688
Additional Link of Interest:
FIANCÉ(E)S
Requirements for leave to enter the United Kingdom as a fiancé(e) (ie
with a view to marriage and permanent settlement in the United
Kingdom)
290. The requirements to be met by a person seeking leave to enter the
United Kingdom as a fiancé(e) are that:
(i) the applicant is seeking leave to enter the United Kingdom for
marriage to a person present and settled in the United Kingdom or who
is on the same occasion being admitted for settlement; and
(ii) the parties to the proposed marriage have met; and
(iii) each of the parties intends to live permanently with the other
as his or her spouse after the marriage; and
(iv) adequate maintenance and accommodation without recourse to public
funds will be available for the applicant until the date of the
marriage; and
(v) there will, after the marriage, be adequate accommodation for the
parties and any dependants without recourse to public funds in
accommodation which they own or occupy exclusively; and
(vi) the parties will be able after the marriage to maintain
themselves and any dependants adequately without recourse to public
funds; and
(vii) the applicant holds a valid United Kingdom entry clearance for
entry in this capacity.
http://www.ind.homeoffice.gov.uk/ind/en/home/laws___policy/immigration_rules/part_8/part_9.html
I hope I've helped you to sort through the immigration maze. If you
have any questions, please post a clarification request *before*
closing/rating my answer and I'll be happy to reply.
Thank you,
hummer
Google Search Terms Used:
UK fiance visa
UK visa "marriage by proxy"
UK visa spouse proxy
UK visa spouse |
Request for Answer Clarification by
nickomahoney-ga
on
09 Jan 2005 09:00 PST
Thank you very much for the information,
I noticed this section of the immigration laws:
"Therefore a
telephone marriage celebrated whilst one of the parties is in the UK
will not be valid, because telephone marriages are not valid in this
country. However, in cases where the UK-based sponsor was overseas
when the telephone marriage took place and the laws of both countries
recognise such marriages, we cannot deny that the marriage is valid."
Say if I travel to Israel and we both sign the forms together there
and Israel see us a legally married couple, would it be valid then?
Should I double check with the Home Office?
Regards,
Nick
|
,
0 Comments
)