Japanese marriage from UK

[srclinton]

Hi there,

Ok so I have a Japanese fiance and we are trying to work out how to be together. We have decided the best option is for her to come and live in England with a spouse visa. We were going to go down fiance visa route, but decided that to apply for this (not the easiest job in itself) to then get married in UK and then apply for spouse visa is a more costly and impractical option. Also my fiance doesnt wish to come to UK with inability to work for sanity reasons!

Therefore we have decided on a plan to get legally married in Japan. Apparently we can do this without me going back to Japan, once we obtain the correct paper work etc the marriage can be registered while I am in the UK and my fiance is in Japan?? But for now my question is that, if we get married this way will it cause difficulty in my fiance obtaining a UK spouse visa. Is the marriage legal in uk for visa purposes? For example will the question come up and render us not eligible for the fact I got married from UK? For some background we have everything required that I know of to be able to confidently apply for a fiance visa (eg we have met in each others countries, met family, can show ongoing relationship, fulfill the accommodation and financial requirements etc, etc)

By the way we are genuine in being together and not trying do anything illegitimately, but just make things as easy as possible with best practibility for us both.

Also, if the visa is not a problem are there any other pitfalls I should consider?

Thanks in advance guys, I am new here but you seem a knowledgeable and helpful bunch :-) I'm happy to post any more info that may be needed of course
Cheers

[imagine]

we have decided on a plan to get legally married in Japan. Apparently we can do this without me going back to Japan

you mean you wont be present at your marriage

search the threads, you may find some answers, i'm sure there will be others more knowledgeable than myself can help

[grahamw48]

After first getting yourself a 'certificate of no impediment' from your local registry office in your UK home town (allow 3 weeks for it to be processed), I would suggest that you buy a return ticket to Japan and get married there. Obviously check what documentation the Japanese will require from you in order for you both to marry.

After that, providing you can both meet the stated requirements for a Spouse Settlement Visa (see UKBA website), then I don't see you having any problems.

Good luck.

[joebloggs]

you mean you wont be present at your marrage

search the threads, you may find some answers, im sure there will be others more knowledgable than my self can help

sounds like that to me, but marriage by proxy is not recognized in the UK.

Marriages by proxy

A marriage by proxy is one where one or both partners are not physically present at the ceremony. Marriages taking place under United Kingdom law are not valid if they are by proxy. However, United Kingdom law may in some circumstances consider a proxy marriage to be valid if both of the partners are ‘domiciled’ in a country which recognises marriages by proxy. The concept of ‘domicile’ is very complicated. If you need to know about the validity of a marriage by proxy you will need to seek specialist legal advice.

http://www.adviceguide.org.uk/englan...iages_by_proxy

[srclinton]

Yeah I know it sounds crazy to not be at the marriage, but this is the legal element, in Japan it is just the paperwork and the non legal ceremony is afterwards. So we would plan to have our cermony in UK once my wife is here with spouse visa. We think this is most straight forward option rather than apply for two UK visas (two fees, two lots of documents plus lack of flexibilty with work and marriage cermony arrangements under a uk fiance visa.)

Really I need to know, is this approach going to be an issue legally in the UK and if not will the UKBA pick holes in our spouse application. eg although this paperwork is legally acceptable in Japan, do UKBA require both memebrs to be present or at least in same country when legally married, or will they require an official marriage cermony etc for spouse visa???

Thanks again

[srclinton]

Ah thanks joebloggs, our posts crossed.

[Terpe]

Hi there,

Ok so I have a Japanese fiance and we are trying to work out how to be together. We have decided the best option is for her to come and live in England with a spouse visa. We were going to go down fiance visa route, but decided that to apply for this (not the easiest job in itself) to then get married in UK and then apply for spouse visa is a more costly and impractical option. Also my fiance doesnt wish to come to UK with inability to work for sanity reasons!

Therefore we have decided on a plan to get legally married in Japan. Apparently we can do this without me going back to Japan, once we obtain the correct paper work etc the marriage can be registered while I am in the UK and my fiance is in Japan?? But for now my question is that, if we get married this way will it cause difficulty in my fiance obtaining a UK spouse visa. Is the marriage legal in uk for visa purposes? For example will the question come up and render us not eligible for the fact I got married from UK? For some background we have everything required that I know of to be able to confidently apply for a fiance visa (eg we have met in each others countries, met family, can show ongoing relationship, fulfill the accommodation and financial requirements etc, etc)

By the way we are genuine in being together and not trying do anything illegitimately, but just make things as easy as possible with best practibility for us both.

Also, if the visa is not a problem are there any other pitfalls I should consider?

Thanks in advance guys, I am new here but you seem a knowledgeable and helpful bunch :-) I'm happy to post any more info that may be needed of course
Cheers

The visa application requirements for Partner/Spouse and for Fiance(e) are pretty much the same.
I suggest you look here in the forum under the Visa sub-section for the details.

Once here in UK under spouse visa then your wife is allowed to work.
As a fiancee here in UK she would need to apply for FLR(M) once the marriage had been completed. As you know there is no working allowed under fiancee visa. In fact she cannot work until the granting of FLR(M).
However, you could plan to make the FLR application in person at the UKBA PEO. By paying the premium charge and making the app in person the decision would be made same day. So she would then be allowed to work right away.

On the issues of marriage in Japan, I would suggest you tread carefully and seek the written confirmations from the British Embassy in Tokyo that the route(s) you plan are allowed.
My wife and I lived in Japan for many years. We married in Japan, but for many reasons given by the British Embassy it was not allowed.
You will know by now that both Marriage and Divorce in Japan is carried out in a completely different concept.

Many of our friends actually got married whilst living in different countries. But that may only be applicable for Japanese Nationals. When a foreigner is involved the rules may be different, especially as you are not intending to reside in Japan under Japanese laws, but rather to make visa application to the British Authorities to reside in UK as a married couple.

Just like the Philippines, Japan can be highly inconsistent and complex.
Sort it out with the British Embassy in Tokyo before hand.
I very much doubt you will be eligible under UK immigration law, but who knows......

Would be interested to get some feedback on your questions to the Embassy.