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  • marriage

    hello raju dai

    it was nice to see u on nepali tv..explainin all the immigration rules..nice job

    a nepalese fren of mine (who has the indefinite leave to remain) wants to marry a fellow nepalese girl who is currently on a student visa here.

    firstly could you let me know her status if they get married? what is the procedure of getting married legally ?

    secondly, there is a complication as my fren is getting a divorce from his ex wife in nepal. is this relevant and does he need to produce any document to get married again in the uk.

    once the above is clear, he is willin to contact you directly at your firm should any formal advice be necessary.

  • #2
    Re: marriage

    Dear Adwaita Bhai
    I understand that your friend has an ILR in the UK and he wishes to marry Nepalese girl in the UK who is on a student visa. First he must obtain divorce from his wife which should be done through legal process. Once he obtains divorce paper he should translate it into English version.

    In relation to your question, first I would like to address how they both can enter into marriage. She is subject to immigration control as she is not settled in the UK. She needs permission, in the form of a certificate of approval for marriage, from the HOme Office. The application is made on Form COA(Marriage) which can be downloaded from the HO website. If both parties are subject to control, both will require a certificate of approval, and separate fees must be paid. However, in your situation, your friend's girlfriend requires a COA as she is subject to immigration control. In order to qualify for COA you must notice that leave to remain was granted for over six months and at least three months of the leave remaining at the time of making the application.

    Once you receive the COA, a notice to marry is given to the marriage Registrar and the marriage will be solemnised by a registrar of marriage. These procedures do not apply to marriages solemnised according to the rites of a Church of England religious ceremony. But this is not a case in your friend's circumstances. The Home Office is currently working on marriage policy as the concept of COA does not apply to the Christian was overruled by the Court of Appeal. The Home Office has taken this matter to the House of Lords. We have to wait and see the landmark decision on marriage policy.

    On completion of marriage registration, the marriage certificate must be produced to the Home Office together with FLR (M) and she will be given the spouse visa for two years probationary period. During this period they both have to satisfy that marriage is genuine and subsisting, intend to live together permanently as husband and wife and accommodate and maintain themselves without recourse to public funds.
    I believe this clarifies the matter to you.
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