Question: If I marry a British citizen, do I automatically get the right to legally live in the UK?
Answer: The simple answer here is NO. Marriage itself to a British citizen does not provide an automatic right for an individual to obtain legal status in the UK; rather it provides grounds upon which a person can make an application to live in the UK, due to their marriage to a British citizen settled in the UK. You would need to show that you satisfy the relevant immigration rules in order to successfully be granted a right to stay in the UK on the basis of your marriage. If you are legally living in the UK i.e. have a current, valid visa then it may be possible for you to switch immigration statuses by applying to the Home Office to request that you be granted an extension to remain in the UK as a spouse of a British citizen.
It is advisable that you obtain professional legal advice on this issue however, as only very few immigration statuses can switch to a spouse visa in-country. Generally speaking, the immigration rules require a person to obtain entry clearance to remain in the UK, by way of applying for a spouse visa from the British Embassy in the person’s home country. This process can only be overridden where there are exceptional human rights arguments for the person to remain in the UK – professional legal advice should be sought nevertheless.
By Greenfields Solicitors,
Please note that the above article does not relate to nationals of the European Union. The above article is meant to be relied upon as an informative article and in no way constitutes legal advice. For legal advice regarding your case, please contact Greenfields Solicitors for a Consultation with a Solicitor on 020 8884 1l66.