Applying for a UK Spouse Visa if married outside the UK
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Visa applications for the UK require a lot of fact-checking, evidence-based certification, and attention to detail. More so when making an application as a spouse or civil partner under Appendix FM particularly when the marriage or civil partnership has taken place overseas.
In making such an application, the marriage or civil partnership must be valid per the specifications of the UKVI, which usually requires authentic, administered certification by representatives of an authority within the country in which a court-approved representative approved the union.
In some cases, for instance, a religious or a customary marriage which has not been registered with the civil authorities of the country in which it was celebrated may require further investigation/assessment by the UKVI.
In addition to the special circumstances of religious or customary unions, a marriage or civil partnership will be recognised in the UK if:
- The type of marriage or civil partnership is recognised in the country in which it took place,
- the marriage or civil partnership was properly conducted to satisfy the requirements of the law of the country in which it took place,
- there is nothing in the laws of either person’s country of domicile at the time of the marriage or civil partnership which prevents the marriage or civil partnership being recognised, and
- any previous marriages or civil partnerships of the couple have broken down permanently
What documents do I need to submit if I was married overseas?
Set out in Appendix FM-SE of the Immigration Rules, an applicant must provide evidence to demonstrate an overseas marriage or civil partnership.
The type of Evidence of Marriage or Civil Partnerships requirements are as follows:
- A marriage in the United Kingdom must be evidenced by a valid marriage certificate recognised under the laws of England and Wales, Scotland, or Northern Ireland.
- A divorce in the United Kingdom must be evidenced by a decree absolute from a civil court.
- A civil partnership in the United Kingdom must be evidenced by a civil partnership certificate.
- The dissolution of a civil partnership in the UK must be evidenced by a final order of civil partnership dissolution from a civil court.
- Marriages, civil partnerships or evidence of divorce or dissolution from outside the UK must be evidenced by a reasonable equivalent to the evidence detailed in paragraphs 22 to 25, valid under the law in force in the relevant country.
Translation of Documents
Also note that any official documents that are not in English must be translated. The Home Office's official rule on this is the following:
Each original document must be accompanied by a full translation that can be independently verified by the Home Office.
Each translated document must contain:
- Confirmation from the translator that it is an accurate translation of the original document
- The date of the translation
- The translator's full name and signature
- The translator's contact details
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It is key to note that apart from submitting your certificates, your application form/s must be completed correctly and other supporting documents must be submitted for a successful UK Spouse/Partner Visa application. Not only should you have the required documentation, but you must also understand the relevance of each document and certification when it comes to your application.
In some cases, special circumstances also apply. For example, it is now possible to apply for civil partnership whether you’re a same-sex or a heterosexual couple. Amended as recently as 31 December 2019, the previous stipulation of civil partnership was exclusively limited to same-sex couples.
As the law changes and the requirements are updated, it is always recommended to seek legal advice when making any type of VISA application.
Always remember that the choice is yours in whether to hire a professional or not. Legal representation and advice, whilst carrying a fee, saves you time, effort, and stress and, if weighed together, is much more affordable than you may think. And if it is the difference between a successful outcome or a heart-breaking refusal, then hiring an immigration expert is, undoubtedly, priceless.
For trusted advice from a reputable firm with over 20 years of experience, book a live video link with Senior Immigration Solicitor and founder of Expert Immigration Advice UK, Melanie Wong, here
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While every effort has been made to ensure that the information and law contained in this article is accurate and current as of the date of publication, we accept no responsibility for its accuracy or for any loss or damages arising from accessing, or the reliance, of this guidance.
Please also note that the information does not represent a complete statement of the Law and does not constitute legal advice.
If you would like specific professional advice about your UK immigration matter, please consider booking a consultation or one of my other legal services.
Making a UK Visa or Settlement application can be a stressful experience, and whilst there is a lot of ‘free’ information online, finding clear expert guidance that is up to date, and in line with your specific requirements can be a daunting task.
If you have any concerns about your case, it is recommended to reach out for advice from a trusted legal professional.
