Partner visa UK – Can you rely on an ‘online’ or ‘proxy’ marriage?
When applying for a partner visa for the UK, the Applicant must meet the definition of being a ‘partner’. This could entail being a fiancé, spouse/civil partner, or an unmarried partner (where you have resided together for at least 2 continuous years).
The Immigration Rules confirm the Applicant’s partner (the Sponsor) must be:
- A British citizen; or
- Present and settled in the UK (i.e. with indefinite leave to remain, also known as settled status); or
- In the UK with protection status; or
- In the UK with limited leave under the EU Settlement Scheme (i.e. having pre-settled status in your own right as not as joining family member) ; or
- In the UK with limited leave as a worker or business person.
The Applicant and Sponsor would also need to meet the relationship requirements and confirm that they are in a genuine and subsisting relationship.
With the advancement of technology and the means of communication it is becoming increasingly common for people to meet online, i.e. via dating/matrimonial websites and applications. The Immigration Rules require that the couple must have met in person and that any previous relationship of the Applicant and Sponsor must have broken down permanently.
What if you got married online?
Some states and countries legally recognise matrimonial ceremonies conducted via a web-based video conference, i.e. an online marriage, where neither party is located in the country in which the marriage took place. This is not the same as a ‘proxy’ marriage where one or both parties may be represented by another party. In accordance with case law, the UK Home Office will recognise an overseas marriage (whether an online marriage or a proxy marriage) providing all of the following conditions are met:
- The type of marriage is one recognised in the country in which it took place;
- The actual marriage was properly executed to satisfy the requirements of the law of the country in which it took place; and
- There was not anything in the law of either party's country of domicile that restricted their freedom to enter into the marriage.
It is for the Applicant to prove that the marriage is considered valid and is legally recognised in the country in which it took place. This might involve providing additional evidence to the Home Office from the authorities of the country where the marriage was conducted to show that it was a valid marriage in that country.
Even where an online marriage is being relied upon, and it meets the requirements for a valid marriage, you would still need to have met in person prior to the application being submitted.
This can understandably be a complex issue, and we can provide advice and assistance regarding the evidence required by the Home Office when a marriage has been conducted online outside of the UK.
We can also provide advice regarding ‘proxy marriages or civil partnerships,’ i.e. where one of the contracting parties has appointed someone (a proxy), to represent them at the ceremony.
Get in touch:
We offer free consultations to discuss the legal requirements and your circumstances, so that we can assess if you are meeting the requirements for a partner visa. We understand that every relationship is different and can offer free initial advice so that you can decide whether you wish to progress your matter further.