Previously those immigrants that had limited leave to remain and had overstayed their visa could remain in the UK for a limited period instead of having to go home immediately and apply for a marriage visa.
However many saw this as an unfair benefit for those who, according to law, would ordinarily be forced to exit the United Kingdom straight away. Those who received a marriage visa before their arrival to the UK have also been vocal about this advantage.
As Byrne says, “These policies only applied to people facing enforced removal but gave an unfair advantage to those unlawfully in the UK compared to those who complied with the immigration rules in seeking a marriage visa before arrival.”
This policy DP3/96 and DP2/93 was based on the idea that it was unjust to send a person away from the UK if they have a genuine marriage or relationship where the couple have resided in the UK for at least two years, the law also stated, “It is unreasonable to expect the settled spouse to accompany his/her spouse on removal.” This compassion has now been sidelined in the interest of “tighter immigration control”.
It is therefore advisable for those who marry a UK citizen or permanent resident to apply for a marriage visa. According to Bryan Palmer of www.globalvisas.com, “a UK spouse visa is very useful as it allows a person with settled status in Great Britain to bring their spouse to join them in the country.”
He adds that, “the applicant will be able to seek and take up employment in the United Kingdom as soon as the document is granted, without the need to arrange a UK work permit. British marriage visas do not place any restrictions upon the type of work that can be undertaken.”
It is estimated that about 75 000 marriages take place a year between Britain and foreigners from a variety of countries like Canada, India, South Africa and many others.
Despite these restrictions Byrne does however state individual contexts will be taken into account when it comes to forced removals of spouses and partners, “each case will be considered on its individual merits in line with the Human Rights Act and immigration rules.
For more information and advice regarding marriage visas in the UK, visit www.globalvisas.com.
