Marrying a foreigner

I am aKenyan man leaving in Mombasa with my three children.I separated in 2011 though never legalized our marriage and did not remarry I am now dating a lady who's aPolish but working in the UnitedKingdom.She is yet to legalize her citizenship and here we think we want to get married sometimes in the coming year.I am persuaded to ask her hand into this marriage but not really a ware of the requirements by law here in Kenya 🇰🇪.Please anybody with iformation on the requirements advice you can even post it here for others with similar hurdle to find some reprieve.Thanks to you all.

Hi and welcome to the Forum.

If I've understood you correctly, you want to marry a Polish citizen in Kenya?  You're probably better off asking in our Kenyan forum; this link will take you there.

If you mean you want to get married in the UK, then you need a visa for this; this link will take you to the UK Gov website that deals with this.

Hope this helps.

Cynic
Expat Team

Be aware, that even once married you have no automatic right to live in the UK.

Noted! But I may Not be looking for these rights at this very time.I just to marry my woman rights may follow later on thank you 🙏🏻

In that case marry in your home country. Much cheaper. No paperwork problems.

The thing to consider is that if I understand you correctly, you are looking at potentially moving into the UK at a certain stage later on in your relationship.

Your girlfriend at the moment has the right to live and work anywhere in the EU.  She currently lives in the UK, which is leaving the EU in March 2019.  For you to apply for a family visa, you will to have lived together in a meaningful relationship (i.e. under the same roof) for a minimum of 2 years (and provide evidence of this); as you can't come to the UK, she will have to come to Kenya - 2 years down the line, none of you will have the right to live in the UK, but elsewhere in the EU is probably doable.

Hope this helps.

Cynic
Expat Team

I am so greatfull for the information but still got some few points I may need you to make me understand clearly.Since my woman is a full time employee in the UK,will she have to resign from her job to come and live with me in Kenya or wherever for at least two years?and if the UK pulls out from the EU as it's to happen in March of the year,does she looses her job technically?Does it mean at the moment I can't apply for even a visitors visa to enter the UK and be with her.UK gives visitors visa up to 5years multi entry but with strict exit at every 6months lapse.I don't really know currently if this still is in place and if it is,what are the requirements?Thank you!

Rustygecko,Thanks for the piece.I did opt to go this root but my concerns were how do we stay together?She's been working in the UK even though the UK are pulling out from the EU in March next year.Marrying in Kenya is most appropriate for me which is just one day event after following the required procedures,she can arrange for atrip over.

Ojwangmobiles wrote:

I am so greatfull for the information but still got some few points I may need you to make me understand clearly.

Since my woman is a full time employee in the UK,will she have to resign from her job to come and live with me in Kenya or wherever for at least two years?

if the UK pulls out from the EU as it's to happen in March of the year,does she looses her job technically?

Does it mean at the moment I can't apply for even a visitors visa to enter the UK and be with her.

UK gives visitors visa up to 5years multi entry but with strict exit at every 6months lapse.I don't really know currently if this still is in place and if it is, what are the requirements?Thank you!


Hi and welcome back.

To answer your questions:

Since my woman is a full time employee in the UK, will she have to resign from her job to come and live with me in Kenya or wherever for at least two years? - Yes, but the resigning her job part will almost certainly be a consequence of her moving to Kenya (or wherever).

If the UK pulls out from the EU as it's to happen in March of the year, does she lose her job - nothing has been agreed, current stance is that if there is an agreement then all current EU citizens living in the UK will be granted leave to remain here.  However, if the UK leaves with no agreement (which is currently still one of the options), then yes, she loses her job.

Does it mean at the moment I can't apply for even a visitors visa to enter the UK and be with her - No, her circumstances have no bearing on your right to apply for a UK short-term visitor visa; however, you should be aware that immigration into the UK is a very sensitive subject and if the Immigration Officer at the point of entry thinks there is a risk of you not going back at the end, you could be denied entry at the airport (even if you have a visa!) and put back on the plane to Kenya.  You saying you have a wife/partner in the UK will probably make them think you are a risk.

The process for applying for a short-term visa is described on the UK Gov website; this link will take you to it.

My own thoughts are that you should also be thinking about elsewhere in the EU where things are bit more stable, your wife's home country would be a good candidate; in the press this week was a report that many Polish people are leaving the UK, primarily because of Brexit, but also because life and work back in Poland has improved since the bad days of communism.

Hope this helps.

Cynic
Expat Team

She should also be aware that by leaving the UK if she has leave to remain, that right is lost if you leave for more than 2 years, and also if you show that you have left for a life abroad eg to marry and set up home in Kenya. When they say more than two years, they mean 2 years and one day, not roughly two years. It is very common for people to lose leave to remain in this fashion.

I am still finding out more.When is one entitled for a parmanent recidence visa?My woman will be turning five years stay in the UK sometime in April next year though with anumber of exits.Do we keep our fingers crossed 🤞 in this matter the Brexit doesn't kick off that she may get her papers done as required by law maybe it eases things up in future plannings?and if at all we plan our marriage with the local authorities as it should be,Can she leave and me to join her later on a visitors visa  not to settle but just to visit for a short while and returns to Kenya with out letting the cat out of the bag over our marrital status?

I think the thing you are asking about is "Settled and pre-settled status for EU citizens and their families"; this link will take you to the relevant part of the UK Gov website that deals with this.  At the moment, she already has that right, it's if Brexit ends in tears that she will have problems.

Yes, if Brexit ends on good terms and a deal is done, then she "should" be able to apply for this; I say should because I don't know your lady friend or anything about her circumstances.  Whether this will make it easier, better, whatever in your case I have no idea; you would think that it would, but Immigration is a big political problem in the UK at the moment and the country is split in half over the matter.  I wouldn't bet on it getting any easier, because as you're finding out, it's really hard already.

If she leaves the UK then I don't think she will qualify for the settled status; that said, I believe they make allowances for things like short-term holidays, visiting family overseas etc, so she should be able to come and visit you and your family.

With regards to your last question, all that I can say is that when you apply for any visa, they will ask you questions, some may be about your marital status, where you are going to stay in the UK etc.  If you answer any of them incorrectly, or try to deceive the system and are caught, then you will almost certainly be deported and never allowed to return to the UK.

Hope this helps.

Cynic
Expat Team

If you are married or planning to get married, in my experience you will be unlikely to be given a tourist visa - as that is not the primary reason to visit the UK. I found the only visa available was a fiancee visa. You will have to convince them that it is not your intention to stay in the UK, with a wife in the UK, it is unlikely they will believe that.

rustygecko wrote:

If you are married or planning to get married, in my experience you will be unlikely to be given a tourist visa - as that is not the primary reason to visit the UK. I found the only visa available was a fiancee visa. You will have to convince them that it is not your intention to stay in the UK, with a wife in the UK, it is unlikely they will believe that.


This is a good idea; they're actually called Family Visas and a fiancee falls into that category; this link will take you to the UK Gov website that deals with it; go through it and see if you meet the requirements.