When applying for entry clearance or leave to remain as a partner under the family visa category or different visa route, the applicants need to verify their relationship with family members. Different relationship requirements apply depending on whether the applicant is a husband, civil partner, fiancé or intended civil partner, or unmarried partner.

What is valid marriage or Civil partnership?

To meet the relationship requirement, the relationship must be genuine and subsisting. In order to be recognised as a valid marriage or civil partnership, the marriage or civil partnership must be recognised legally.

How can overseas marriages be recognised?

There is a non-exhaustive list of circumstances in which marriages and civil partnerships may be investigated. If "it was a religious or customary marriage that was not registered with the civil authorities of the country where it was celebrated," further investigation may be required to determine whether a marriage is lawful for immigration purposes.

In order for foreign marriage or civil partnership to be accepted as legal in the United Kingdom, the following conditions must be met:

• The marriage or civil partnership must be recognised as legal in the country in which it took place, and the parties must have complied with the necessary procedures in that country.
• Each party to the marriage must have the capacity to marry under the laws of the country that they are domiciled at the time of the marriage or civil partnership. The country in which you are domiciled will be the country of your main permanent home in which you live, or to which you intend to return. Capacity covers issues such as age, consent, and mental capacity.
• Any previous marriage must be terminated properly as per the requirements of English law.

Which documents demonstrate a valid Marriage or Civil partnership?

The evidence which must be provided to demonstrate an overseas marriage or civil partnership is as follows:

• The marriage or civil partnership must be evidenced by valid certificates recognised under the laws of the country it took place.
• A divorce or civil partnership dissolution form outside the UK must be evidenced as valid under the law in force in the relevant country.   

Additionally, it is important to have evidence of the relationship, which is typically the original certificate. If the certificates are not in English, then a certified translation of the marriage or civil partnership or divorce, or civil partnership dissolution certificates must be submitted.

For experienced advice and support with an application for a Family visa or dependent visa with overseas marriage or civil partnership, please contact us at 0203 865 6219 or send a message.