Dear Mr Bassie,

I am a Jamaican who entered the UK on a student's visa. While attending school, I started dating an English man. He proposed to me and he wants me to stay in England with him when I finish school.

I do want to marry him but I need to know if this will affect my ability to go back to Jamaica freely, as my mother is elderly and lives in Jamaica. I need to be able to go back to see her.

- L.B.

Dear L.B.,

I am assuming that the man is a British citizen or holds indefinite Leave to Remain (full residency) or enjoys right of abode.

If your intended spouse can be categorised in any of those classifications, you may be eligible to apply for the two-year settlement visa. The two-year settlement visa permits a person to enter and remain in the UK on the basis of marriage to a person who is currently present and settled in the UK.

You are on a student's visa and, since you are a visitor, you will not normally be permitted to apply for a visa on the basis of marriage. You can apply for a visa on the basis of marriage from within the UK provided that you have received Entry Clearance from a British embassy or British mission outside the UK for that specific purpose. If you are currently in the UK with a valid visa issued more than six months and have been given permission to marry by obtaining a certificate of approval which is required by law, you may also apply.

New certificate

Since you are a foreign national and not hold a indefinite leave to remain or right of abode prior to being able to marry in the UK, you must now apply for a certificate of approval before giving notice to marry. The certificate of approval is applied for through the United Kingdom Home Office and this must be issued before the wedding may take place. In order to qualify for a certificate of approval, you must have initially been permitted to remain in the country for longer than six months ago and have at least three months remaining before the date of expiration.

If you are successful and have been issued with a visa on the basis of your marriage, you may remain in the UK for of two years. In addition, you will be permitted to work without restriction and be able to exit and enter the UK whenever you choose. On completion of the two years, providing that you are still married, it may be possible to apply for indefinite leave to remain, that is, full residency.

John Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a Supreme Court-appointed mediator and a fellow of the Chartered Institute of Arbitrators. Email: lawbassie@yahoo.com or editor@gleanerjm.com